A cashier is a financially responsible person with whom an employment contract and an additional material liability contract are concluded during employment. The main motive for dismissal on the initiative of the employer can be paragraph 7 of Article 81 of the Labor Code of the Russian Federation. In accordance with this article, an employment contract can be terminated unilaterally due to distrust related to the waste of the enterprise's funds.
It is necessary
- - checking act;
- - written explanation;
- - written punishment;
- - order of dismissal;
- - application to the arbitration court.
Instructions
Step 1
To make a dismissal due to waste and mistrust, create a commission to review the entrusted values. The commission must check all received and spent funds according to the available documents and according to the cashier's book, which indicates all the amounts of daily earnings transferred to the senior cashier or collectors.
Step 2
After checking, write a statement of its results. Indicate the entire amount of embezzlement, put the signature of the head of the enterprise, the chief accountant and all members of the commission under the act.
Step 3
Ask the cashier for a written explanation of the lack of funds. If the cashier refuses to give an explanation or does not want to enter into a constructive dialogue at all, then draw up an additional act of refusal signed by all members of the commission who checked the documents. Introduce all the acts to the cashier against receipt.
Step 4
Draw up a written sentence for the shortfall or waste you have committed. Also familiarize the cashier with this document against receipt. Prepare a document of accusation and punishment within 30 days from the date of verification and discovery of the shortage and waste. If, after drawing up an act of shortage, you did not submit a written accusation and punishment, then the deadlines are considered missed, that is, dismissal for lack of confidence cannot be applied.
Step 5
If you have drawn up all the documents in accordance with the requirements of this article, then you have the right to fire the cashier without paying the current salary and compensation for unused vacation days. Add the entire amount to the account of the shortfall.
Step 6
Submit an application to the arbitration court in order to legally receive the entire missing amount of wasted funds. After the court ruling, you will receive all the debts in parts, since no more than 50% can be deducted from income. Only in the event of a debt on alimony, 75% of the amount of monthly income can be deducted from the debtor.
