How To Fire An Employee Under An Employment Contract

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How To Fire An Employee Under An Employment Contract
How To Fire An Employee Under An Employment Contract

Video: How To Fire An Employee Under An Employment Contract

Video: How To Fire An Employee Under An Employment Contract
Video: How to terminate an employee professionally. The proper way to handle termination. 2024, May
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The Labor Code of the Russian Federation provides for various grounds for dismissal: the initiative of the employee or employer, the agreement of the parties, etc. All grounds must be documented and properly documented. Otherwise, the dismissed person can obtain reinstatement at work and compensation for forced absenteeism and moral damage through the courts.

How to fire an employee under an employment contract
How to fire an employee under an employment contract

It is necessary

  • - grounds for dismissal;
  • - order of dismissal;
  • - the employee's work book.

Instructions

Step 1

The design of the grounds for dismissal depends on this very basis. If an employee is the initiator of the termination of the employment contract, he must write a letter of resignation of his own free will.

When dismissing by agreement of the parties, this document must be signed by both parties: both the employee and the representative of the employer.

When reducing staff, the employer is obliged to fulfill all formalities: notify candidates for redundancy in writing two months in advance, notify the employment center of the upcoming changes, and pay the required compensation.

Step 2

If an employee is dismissed for disciplinary violations, all his misconduct, be it absenteeism, drunkenness at work, or organization of drunkenness in the workplace, etc., must be properly recorded. In particular, for the examination of alcohol or drug intoxication, you will have to call a doctor. Without his conclusion, the employer will not be able to prove his case in court.

Step 3

Only after proper documentary registration of the grounds for dismissal can an order be prepared to dismiss the employee. The reason is formulated strictly in the same way as in the corresponding article of the Labor Code.

If necessary, the employee is given a copy of the dismissal order against signature.

Step 4

On the day of dismissal, a corresponding entry is made in the employee's work book. It must contain the serial number, the date of dismissal, the reason (strictly, as in the article of the Labor Code of the Russian Federation, which is provided for), a link to the article of the Labor Code of the Russian Federation and the basis - the output data (name, number and date) of the order of dismissal.

The record is certified by the signature of the person in charge and the seal of the organization.

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