The instructions below for steps paints to fire employees, taking into account the grounds for dismissal. Every employer in the course of conducting its business with employees, sooner or later faces the employees dismissal procedure. Considering, that labor disputes are fairly common in the modern world, and legally savvy employee may expose their employer in violation of labor laws, entrepreneur kindly requested to examine the legal and legislative aspects, associated with the procedure of dismissal of employees.
The main factor, characterized by the relevant dismissal procedures for regulatory compliance, is the existence of grounds for termination of the employment relationship. All base can be divided into three groups:
- on the initiative of the employee;
- by mutual agreement between the employer and employee;
- on the initiative of, often accompanied by a reference to a specific article of the Labor Code.
Below is correct from the point of view of the legislation procedure of dismissal of the phased registration procedure description for each of the following groups.
How to fire an employee on his own initiative
If the entrepreneur does not see any obstacles to the immediate dismissal of an employee at his own request, then do the following:
The employee must give the employer a statement, where it will be clearly stated reason for dismissal (on their own) and the desired date of dismissal.
The employer registers the received application in the journal of incoming documents and, Having considered, It puts its resolution with the decision. There are two possible ways to proceed: or dismiss the employee indicated in the statement date, or fire an employee with working in two weeks on the basis of Article 80 Labor Code of the Russian Federation.
Preparing an order to dismiss the employee, where the worker must necessarily sign and date of examination. The order of dismissal should appear base: in this case the point 3 articles 77 Labor Code of the Russian Federation.
In the next stage, the employer makes an entry in the work book of the employee's voluntary resignation under paragraph 3 articles 77 Labor Code. Record certified by the signature and deciphering of the signature, attesting to fire, with the obligatory indication of the post. Entry stamp of the organization or individual entrepreneur, if he has.
The employer shall issue the work book in the hands of the dismissed employees against signature of receipt in the book movement of labor books.
Some employers are faced with situations, when workers do not come in time for the labor books. In this case, the entrepreneur must send a letter of notification to the address of residence or the residence of the former employee. This releases the employer from further liability for non-issuance of work record card and will protect from payment of fine, who may be appointed by the court in the amount of lost wages, if the former employee will appeal to the court regarding the refusal of the employer to issue a work book. In this case, the jury may regard the actions of the employer as the creation of obstacles to ustroystvue former employee to a new job.
On the last day of the employer dismisses the employee carries out final settlement, paying the sum due to the employee wages and compensation for unused vacation, if the employee had not put it was done on days. allowed, the employer submitted a complete calculation of wages in any form.
At the request of the employee the employer can provide him with other documents or copies of them, associated with the work process. An employee may request the head of the information form 2-PIT, which reflects the revenues and the amount of tax deductions.
How to fire an employee by agreement
When the employer and the employee come to a mutual agreement on the issue of dismissal, the procedure is the same, as well as the dismissal of their own volition, except for the first stage.
In this case, the dismissal will serve as a basis point 1 articles 77 Labor Code, which is also indicated in the order of dismissal and the employee in the workbook, where entry is made: dismissed by agreement of the parties on the basis of n. 1 Article. 77 the Labor Code. Besides, drawn up a bilateral agreement, which specifies the date of dismissal, the amount of compensation and the procedure for its payment.
How to fire an employee by the employer
In some cases the employer decides to dismiss the employee, if an employee was seen at work in a state of intoxication, I skipped time or turned neprofprigodnym. Also under firing workers fall while reducing state.
When, if the reduced staff of the company, prepared new staffing with the exception of his office to lay off workers and makes an order on the reduction of staff. The employer must notify the employee on receipt of an impending dismissal of two months. The notice may be issued in the form of letters or order, where the worker puts his signature and the date of examination, serving as point of reference period prior to dismissal.
should know, that the employee may agree to immediate dismissal without notice. In such a case, the employer is obliged to pay the employee compensation in the amount of two months' wages.
Also, the employer must offer the employee reduces vacancies, available at the moment in the company.
dismissal procedure for reducing staff conducted under paragraph 2 articles 180 Labor Code. The procedure for registration of dismissal for redundancy, and at the initiative of the employer, in other cases similar to the procedure of registration of dismissal on their own except for the above differences.
In the case of confirmation of professional incompetence employee manager may dismiss it pursuant to paragraph 3 articles 81 Labor Code. In such a case, the certification is carried out with preliminary work worker notice.
On the orders of an employer established Certification Commission, which consists of competent staff for the qualification persons, working for the company or invited by the. The Commission assesses the ability of a professional worker, and if his skill level does not match the job description, the employer makes an order under paragraph 3 articles 81 Labor Code of the Russian Federation with reference to the certification of the results. The workbook is indicated as a reason the same paragraph of article.
In the case of employee absenteeism, that is, its absence in the workplace for more than four hours, the fact of his absence is recorded in timesheets. Draw up a statement of the absence in the workplace, which is signed by two other officers. After the appearance of the employee in the workplace, the employer is entitled to demand an explanation from the employee, and if the employee refuses to write this document, it constitutes a further act of renouncing explanation truancy, which is also signed by two other officers. Grounds for dismissal when absenteeism is a point 6 articles 81 Labor Code.
If the employee was intoxicated at the workplace, the employer shall cause a medical officer from the nearest health facility for fixing intoxication employee. Otherwise, it is drawn up, which is signed by two other employees of the company. The grounds for dismissal of the employee is the point 6 articles 81 Labor Code.
The order and the workbook as a ground for dismissal of an employee with absenteeism and the appearance in a state of intoxication will be given a link to the item 6 articles 81 Labor Code of the Russian Federation.
Knowing the correct procedure for registration of dismissal of employees in accordance with applicable labor laws, entrepreneur or CEO can save time and costs, spent on the solution of labor disputes.