Dismissal of a foreign worker is carried out in accordance with the same articles of the Labor Code of the Russian Federation as a citizen of the Russian Federation. This can be dismissal at the request of the employee (Article 80), at the initiative of the manager (Articles 71, 81), or for the reasons specified in Article 77. But there are some nuances that should be taken into account when dismissing foreign employees.
Instructions
Step 1
Terminate the employment relationship with a foreign worker if you submit an application for resignation of your own free will according to the same rules that apply to Russians. The appointment of a two-week working off before dismissal is also allowed.
Step 2
Warn the foreign employee about dismissal in writing three days before the expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation). In most cases, when hiring a foreign worker, a fixed-term employment contract is concluded with him.
Step 3
Fire a foreign employee if he works in retail, as such activity violates the Government decree of November 15, 2006, which states that foreigners are not allowed to work in retail.
Step 4
Terminate an employment contract with a foreign worker if his work permit has expired. In this case, there are no preliminary warnings or offers of other work at the company, since work with an expired permit is a violation of the law. Notify the tax authorities within 10 days of the termination of the employee's work permit.
Step 5
Follow the disciplinary procedure in accordance with all the established rules in case of violations by the employee of the labor schedule, since upon dismissal of a foreign employee under clauses 5-9, part 1 of article 81, he must have a documented penalty for the violation.
Step 6
Enter the appropriate record of the dismissal with the indication of the article in the employee's work book and in his personal card.
Step 7
Pay the foreign worker all payments and compensations that are provided for by the Labor Code of the Russian Federation.
Step 8
Pay all expenses for leaving the place of residence of a foreign employee in the event of his dismissal due to reorganization or liquidation of the enterprise.
