In the process of work, some employers encounter negligent workers, that is, with those who perform their duties in bad faith, and sometimes even cause a loss to the company. As a rule, it is necessary to get rid of such people in the state, or rather to fire them. But sometimes it is not easy to do this, as negligent employees "fight" for their place to the last. Therefore, the dismissal must be formalized correctly and correctly so that higher authorities do not find violations in it.
Instructions
Step 1
The first thing you need to do is get an explanation from the negligent employee within two days. For example, he did not go to work, and the spree lasted quite a long time. Upon returning to work, request in writing the reason for his behavior. Of course, sometimes it is quite difficult, since the employee may refuse to give them and hold on to work tightly.
Step 2
If the employee refused to give explanations, draw up an act in which you indicate that he refused to provide any explanations. So that the court does not force you to return the employee to the previous place of work, you need to prove the fact of violation of the terms of the employment contract. For example, if he came to work drunk, make him undergo a medical examination, you can also film him in a video in which the court will see his inappropriate behavior, invite witnesses to the court. Remember that everything needs to be supported by evidence.
Step 3
Next, draw up an order of dismissal (form No. T-8), where indicate the relevant paragraph, article and chapter of the Labor Code, for example, in case of absenteeism, you must rely on subparagraph "a" of paragraph 6 of Part 1 of Article 81 of the Labor Code of the Russian Federation. Please note that you need to clearly formulate the reason for the dismissal, that is, rely on the regulatory legal acts.
Step 4
After that, ask the employee to sign the order, thereby confirming the familiarization. If he refuses, also draw up an act of refusal.
Step 5
Then enter the information in the work book, and indicate the article that you indicated in the dismissal order. After that, enter the changes in your personal card and staffing table.
Step 6
If you do not want to spoil the future career of a negligent employee, then offer him dismissal of his own free will or by agreement of the parties. As a rule, this option is the most convenient for both you and him. Firstly, when filing with the courts, they are unlikely to take the side of the employee, and secondly, you do not have to draw up various acts, documents related to dismissal "under the article."
