In accordance with the labor legislation of the Russian Federation, an employer can dismiss an employee for several reasons. This list is mandatory and cannot be supplemented by yourself. The law also provides for a list of categories of persons who cannot be dismissed for any reason, the only exception is the liquidation of an enterprise.
Instructions
Step 1
The dismissal of an employee is possible if the employee does not correspond to the position held, did not pass certification, if the employer ceased his activities, due to repeated failure of the employee to fulfill his direct duties, change of the owner of the enterprise, a single gross violation by the employee of labor duties, truancy (absence of the employee during the entire work day or four hours without a break), etc. The list is exhaustive and is regulated by article 81 of the Labor Code of the Russian Federation.
Step 2
If you decide to fire an employee on your own initiative, you must inform him about this in advance. Draw up an order in which indicate the grounds for dismissal, the date and stamp the company, sign. Familiarize the employee with this document against signature. You must prepare a copy of the order so that the employee can take it for himself. In case of refusal to sign, draw up an act and attach to the document or put on the order, below your own signature, a record of this.
Step 3
The last day of work for the dismissed person will be the day the order is issued. At the same time, you are obliged to give him a work book and documents from a personal file. A corresponding entry is made about the dismissal in the work book, the rule of law, the basis for dismissal are indicated and the signature of the head of the organization is put.
Step 4
If an employee leaves on his own initiative, he is obliged to inform the management of this at least two weeks before the last working day. During this time, the management selects a new employee and draws up the necessary list of documents for the dismissal of the previous one.
Step 5
There are times when an employee who was decided to be fired is on sick leave. In this case, the employer does not have the right to dismiss him on his own initiative until he recovers, but if the employee himself wishes to terminate the working relationship, then there are no obstacles to issuing a dismissal order.
Step 6
In any case, follow the order of dismissal. In advance, ask the employee to write an explanatory note justifying the violation of labor laws, if he refuses to prepare a document, draw up an act with the presence of at least two witnesses, put your signatures and subsequently attach to the dismissal order. You can carry out a dismissal in several stages, for example, first issue a reprimand to the employee, then give a reprimand, then a severe reprimand, and, finally, inconsistency with the position held.
