The procedure for dismissing a trade union committee is rather complicated for an employer. In the event that the head of the organization decided to dismiss the chairman of the trade union committee, he must do so in accordance with the norms of the current legislation.
It is necessary
dismissal order, current and new staffing table, copy of the notice of layoff, certification results and evidence that other vacancies have been offered to the union leader
Instructions
Step 1
The simplest method of dismissing a trade union is to re-elect it as members of your enterprise's trade union organization. Notify all members of the trade union committee of the organization about the planned meeting, on the agenda of which there will be a question of re-election of the trade union committee.
Step 2
At the meeting, voice the reasons why the question arose about the removal of powers from the chairman of the trade union, and announce a vote. Record the results of the voting. If the majority voted for the re-election of the trade union committee, then in the future you have the right to dismiss the chairman of the trade union in the manner prescribed by labor legislation.
Step 3
If most of the members of the trade union organization of the enterprise voted against the re-election of the trade union committee, you should begin the procedure for terminating the employment contract with him to reduce the number of staff. Two months before the scheduled date of dismissal, notify the head of the trade union that his staff is subject to reduction.
Step 4
If necessary, assess the union leader.
Step 5
In writing, notify the chairman of the city trade union organization of your decision to terminate the employment contract with the trade union committee of your enterprise. At the same time, you must submit the following documents to the city trade union: a dismissal order, the current and new staffing table, a copy of the notice of redundancy, the results of certification and evidence that the head of the trade union was offered other vacant positions.
Step 6
The elected committee of the city trade union must consider the submitted documents within seven days and give its reasoned response in writing.
Step 7
If the election committee of the city trade union supported the employer's initiative, then the termination of the employment contract with the trade union committee should be carried out in accordance with the norms of the current legislation for persons dismissed to reduce the number of personnel.
Step 8
In the event that the city trade union committee did not support the employer's initiative, it is necessary to consult with the head of the organization and try to find a compromise. If a compromise on the issue of dismissing the trade union committee between the employer and the committee of the city trade union was not found, then you should contact the state labor inspectorate or send a statement of claim to the court.
