The Labor Code of the Russian Federation provides for the termination of an employment contract at the initiative of the employer in the event that the employee commits theft (including minor) at the place of work. Termination of an employment contract with a guilty employee depends entirely on the will of the head of the enterprise, therefore, if you still decide to dismiss, you need to act as follows.
Instructions
Step 1
If you decide to dismiss an employee for committing embezzlement at the place of work, wait until the court decision (or a body, an official authorized to consider cases of administrative offenses) enters into legal force (10 days from the date of its announcement or delivery to the defendant in custody).
Step 2
After that, issue an order of dismissal, where in the reason indicate the court decision. Now make a record of the dismissal in the employee's work book. If you cannot notify the employee about the dismissal, draw up an act on the impossibility of familiarization with the order.
Step 3
If you fire an employee who serves monetary or commodity values for actions that give rise to a loss of confidence, then establish and document the fact of abuse, negligence, etc. (for example, by means of an audit, inventory). According to its results, demand a written explanation from the responsible employees, if it did not satisfy you, express no confidence in all members of the brigade of financially responsible persons (without establishing the specific guilt of each of them).
Step 4
Notify the relevant authorities about this, which must establish the guilt of a particular employee. After that, issue an order to impose a disciplinary action in the form of last resort - dismissal. Then, in a unified form, draw up an order to terminate the employment contract with the employee.
Step 5
Familiarize your employee with this order or make a note about the impossibility or refusal to get acquainted. Make a record of the termination of the employment contract in the employee's work book, where indicate, using the text of the Labor Code, that "the contract was terminated in connection with the employee's actions that give rise to the loss of confidence in him on the part of the employer" and link to the appropriate article and part of it - part 7 of article 81 of the Labor Code of the Russian Federation. After that, mark the changes in the personal card and staffing table. On the day of dismissal, give the employee a work book. The termination process has been completed.
