An employment contract is a written agreement between an employer and an employee that defines the conditions for the performance of professional duties and service relationships. The current legislation describes in detail the rules for drawing up this legal document, the procedure for its signing and termination. Regardless of the reason for the termination of the employment contract, the procedure for dismissing an employee has several main stages.
It is necessary
- - order of dismissal;
- - documents confirming the grounds for dismissal (personal statement of the employee, etc.);
- - work book of the employee;
- - documents confirming the employee's labor activity (income statement, etc.).
Instructions
Step 1
Prepare an order to terminate an employment contract with a specific employee. It must indicate the date and reason for the dismissal. The law lists the following grounds for termination of employment:
1. Initiative (own desire) of the employee. Termination of the contract in this case begins with the submission by the employee of a personal letter of resignation addressed to the head of the organization. A detailed description of the procedure is given in article 80 of the Labor Code;
2. Employer's initiative. An employee may be forcibly dismissed if the enterprise is liquidated, staff reductions occur, the professional unsuitability of the person is proved, facts of gross violation of labor discipline are revealed, etc. (Articles 71 and 81);
3. Termination of the term of the employment contract (Article 79);
4. Agreement between employer and employee (article 78);
5. Refusal of the employee to continue working. The law recognizes a sufficient reason for such a refusal to change essential working conditions, change the owner of an enterprise, reorganize, transfer a workplace to another locality, etc. (Articles 72, 73);
6. Transfer of an employee to a position in another organization, incl. an elected body of government;
7. Special circumstances in which dismissal does not depend on the will of the parties, for example, the conscription of an employee for military service (Article 83);
8. Other reasons that do not contradict the law (Article 77).
Step 2
Familiarize the employee with the order of dismissal and get his signature confirming the fact of reading the document. Give the person a certified copy of the order if they ask for it.
Step 3
Fill out the employee's work book. It is necessary to enter information on the date of dismissal, the article of the Labor Code, according to which the termination of the contract is drawn up, the number and date of the order of the head. The employee must also be familiarized with this record against signature.
Step 4
Make sure that the accounting department has made the calculation of wages and other types of payments (bonuses, temporary disability benefits, compensation, etc.) necessary for a full settlement with the leaving employee.
Step 5
On the last working day, give the dismissed person in person his work book and other documents confirming the fact of professional activity, for example, a certificate of income 2-NDFL. On the same day, the employer must fully pay off financial debts to the former employee.
