The employer, in accordance with the Labor Code of the Russian Federation, has the right to fire an employee for a number of reasons. This list is imperative, you cannot arbitrarily supplement it with any reason not specified there. In addition, the law does not allow employers to unilaterally fire certain categories of persons. The exception is the liquidation of the organization. Therefore, in order to fire an employee competently, you need to know and take into account something.
Instructions
Step 1
You can dismiss an employee if he does not correspond to the position occupied by him, did not pass certification, repeatedly did not fulfill his direct duties, and committed other gross violations. It is also possible to fire a person for absenteeism, that is, absence from the workplace for a whole working day or more than 4 hours in a row, due to a change in the owner of the enterprise, and also if you, as an employer, cease your activity. This, of course, is not a complete list. The complete list is exhaustive, and it is regulated by article 81 of the Labor Code of the Russian Federation.
Step 2
If you decide to dismiss an employee on your own initiative, let him know about it in advance. Draw up an order where you need to indicate the basis for dismissal, as well as the date, put the stamp of the company and sign. Familiarize the employee with the document, offer to sign it. Do not forget to also make a copy of the order - the employee will take it for himself. If he refuses to sign the document, draw up an appropriate act, and then attach it to the order, or put a note about it on the document below your own signature.
Step 3
The last day of work of a dismissed employee is the day the order of dismissal is issued. At the same time, you must return the work book to him along with the documents from the personal file. There must be a corresponding entry in the work book, indicating the norm of the law, the grounds for dismissal, as well as the signed by the head of the enterprise.
Step 4
If an employee leaves on his own initiative, he must notify management at least 2 weeks before the planned day of dismissal. During this period of time, the management will select a replacement for him, as well as draw up the necessary documents for dismissal.
Step 5
It happens that an employee who is wanted to be fired is on sick leave. In this situation, the employer cannot, on his own initiative, dismiss a person until he returns to duty. However, if the employee himself wants to quit, then this can be done.
Step 6
Strictly follow the order of dismissal. Ask in advance that the employee write an explanatory note, where you need to indicate the justification for the violation of the Labor Code. If the employee refuses to draw up this document, draw up an act in the presence of at least two witnesses, then sign it with them and attach it to the order of dismissal. Dismissal can be carried out in several steps. For example, you first reprimand an employee, then give a reprimand, followed by a severe reprimand. The result will be a statement that the employee does not match his position. After that, it is already possible to terminate the employment relationship unilaterally.
