An employment contract with a kindergarten teacher can be terminated if an application for dismissal is received of their own free will, as well as at the initiative of the administration in accordance with Article 336 of the Labor Code of the Russian Federation for inappropriate types of education, for the use of mental or physical violence against pupils or for absenteeism and repeated violations labor discipline. Each type of dismissal must be properly formalized.
It is necessary
- - application;
- - order;
- - Act;
- - written punishment;
- - written explanation;
- - an official investigation.
Instructions
Step 1
To dismiss the teacher of your own free will, you will receive an application 14 days in advance. By agreement of the parties, you have the right to dismiss without work. If the teacher expressed a desire to quit while on probation, then the application must be received no later than three days before the dismissal.
Step 2
On the day of dismissal, issue an order, make a full settlement with the employee, paying the current salary, vacation compensation, and other amounts due, issue all documents and a work book.
Step 3
If you dismiss the teacher under Article No. 336, the second paragraph of which provides for the termination of labor unilaterally for inappropriate methods of upbringing with the use of mental and physical violence against children, then you must have strong evidence and conduct an official investigation.
Step 4
To conduct an official investigation, create a commission from the administrative staff of the kindergarten, invite authorized representatives from the district education department, draw up an act of violation of duties, issue a written punishment. Then you can unilaterally terminate the employment contract with the teacher.
Step 5
You can consider the testimony of witnesses by attaching them to the act as evidence for violation of official duties, rude treatment of children, violence of a physical or psychological nature. Almost in any childcare facility there are video surveillance cameras, which can be used to trace the behavior of the teacher and his attitude towards children. Most often, after dismissal under Article 336 of the Labor Code of the Russian Federation, a criminal investigation follows and the educator is brought to administrative or criminal liability.
Step 6
If the teacher repeatedly violates labor discipline, skips, is late, comes to work in a state of alcoholic or drug intoxication, you have the right to fire him on the basis of Article 81 of the Labor Code of the Russian Federation.
Step 7
To terminate the contract unilaterally, draw up an act of violation, ask for an explanation of the misconduct in writing, issue a written penalty, issue an order, pay the full payment, give the work book.
