The administration of the enterprise dismisses employees under the article only in extreme cases. Usually, in case of any labor and disciplinary violations, they try to negotiate peacefully and offer to resign of their own free will or by mutual agreement. If the violating employee does not agree to a peaceful separation from the employer, he can be fired under the article. With this type of dismissal, a number of requirements and conditions must be observed so that when an employee goes to court or to the labor inspectorate, the employer is not obliged to reinstate the employee at work and pay him compensation for forced rest.
It is necessary
- - act of violation
- - written explanation of the reason
- -written reprimand with punishment
Instructions
Step 1
An employee can be fired under the article for being late for work, even for a few minutes. The main thing is to be late to correctly issue and impose a disciplinary sanction. To register late, you need to draw up an act indicating the time and day of delay. Ask the employee for a written explanation of the reason for the delay. If he refuses to write an explanation, then issue an act of refusal. Write a written reprimand with punishment. Introduce all the documents to the employee against receipt. Even if a person does not want to sign anything, when he is fired under the article, the court and the labor inspectorate will not find a reason to oblige you to reinstate him at work. Dismissal must be formalized with an entry in the work record book about non-performance of official duties.
Step 2
If an employee was absent from the workplace for more than 4 hours and did not present official documents about his absence, then he can be dismissed under the article by drawing up an act of absence from the workplace, take a written explanation, impose a written penalty and dismiss him with an entry in the work book for absenteeism.
Step 3
For consuming alcoholic beverages at the workplace, being late from smoke breaks and lunch, you can also be dismissed under the article indicating the reason as non-performance of official duties.
Step 4
In general, if the employer wants to fire an employee under the article, he will find a reason for doing this. The main thing is to correctly draw up all the documents.
