Labor legislation provides workers with social protection to the maximum extent, guaranteeing normal working and rest conditions, and decent wages. Therefore, most often the initiative for dismissal comes from the employee himself, but there are situations when he can be dismissed on the initiative of the employer. In this case, in order to avoid litigation, the procedure for dismissing the employee must be strictly observed.
Cases of mass layoffs of workers
All precedents when the employer is the initiator of the dismissal are described in detail in Article 81 of the Labor Code of the Russian Federation. The most common are cases when there is a massive layoff of workers due to the liquidation of an enterprise or staff reduction. In the first case, the employer is obliged to notify his employees about the impending dismissal in advance - two weeks before this date. If there is a staff reduction, the period for which the employee must be notified increases to 2 months. Those employees with whom a fixed-term employment contract was signed are also required to notify of the dismissal at least 2 weeks before this event.
With the written consent of employees, they can be dismissed earlier than the established deadlines, but in this case, for each working day that is not worked until the end of the deadline, they will need to pay compensation in the amount of their average daily earnings. In case of staff reductions, workers are also entitled to other additional compensation, including, they may be paid not two, but three monthly salaries in the event that they cannot find another suitable job through the territorial Employment Center within three months. In the event of downsizing, employees should be offered other available vacancies that match their qualifications and education. Only in the event that such vacancies are absent, or the employee refuses them, he can be fired.
Dismissal of individual employees
The employer has the right to dismiss an employee on his own initiative in cases where the latter:
- does not correspond to the position held;
- repeatedly does not fulfill his labor duties;
- grossly violates the established labor regulations;
- has lost confidence or committed an immoral act.
Before dismissal, the employer must offer other available vacancies to an employee who does not correspond to his position, which would correspond to his qualifications. And to confirm the nonconformity, attestation must be carried out, according to the results of which the corresponding document is drawn up. The enterprise must approve the Regulation on certification, if it is not there, a specially created commission certifies the employee. In addition, when hiring, an employee must be familiarized with the job description against signature, which sets out all the qualification requirements for the position he occupies.
When dismissal occurs due to a violation of the labor schedule and non-performance of labor duties, it is necessary to obtain the appropriate documents - acts, etc., confirming this. In addition, when this happens for the first time, the employee is reprimanded on the basis of a memo. If the violation is repeated within one calendar year after the reprimand, the employee can be fired. Cases of loss of trust and immoral acts must also be documented.
