You have the right to dismiss a lawyer who does not fully fulfill his job duties, violates discipline or is not qualified to continue his work. But such a procedure must be carried out in compliance with labor laws. The employee's rights cannot be violated, otherwise he may go to court, and the latter will recognize your actions as unlawful.
It is necessary
- - documents of the organization;
- - labor legislation;
- - documents of a lawyer;
- - forms of personnel documents;
- - accounting documents.
Instructions
Step 1
If you decide to terminate the employment relationship with a lawyer, ask him to write his statement of his own free will. This is the least time consuming method. But this requires the consent of the employee. Try to persuade the employee to do this. If he writes a letter of resignation, then check the correctness of the document. The date of dismissal will be considered his last working day.
Step 2
Issue a dismissal order, make an entry in the work book, referring to article 77 of the Labor Code of the Russian Federation. Give it to the dismissed lawyer along with the cash payments due to him.
Step 3
If the lawyer of the enterprise does not agree to write a statement of his own free will and threatens you with a court, then you can fire him for absenteeism (if this happened). Draw up an act of being late or not showing up at the workplace, certify it with the signatures of at least three witnesses.
Step 4
If, after writing by an explanatory lawyer, no good reason is revealed, then proceed with the dismissal procedure. You can start it a month after the truancy. Issue an order to terminate the employment contract under the article of the Labor Code of the Russian Federation, which regulates the grounds for dismissal for absenteeism.
Step 5
If you terminate your employment in this situation, you will be able to collect a fine for violation of discipline. Make an entry in the work book of a careless lawyer, certify it with the signature of the person in charge, with the seal of the HR department. Familiarize the employee with the letter of dismissal against receipt.
Step 6
If it is impossible to fire a lawyer for absenteeism or other violation of discipline (absenteeism or tardiness is not done this way), but his qualifications are insufficient, then you have the right to conduct certification at the enterprise. Notify all employees about the upcoming event two months before the event.
Step 7
Conducting certification is a laborious process, but according to its results (if they are unsatisfactory), you have the right to terminate the employment contract with a lawyer. Enter an entry in the specialist's work book, referring to the labor legislation.
