How to dismiss an employee?
Many HR managers point out that dismissing an employee is a psychologically complicated procedure. Especially when it comes to dismissal is not on their own. On the other hand, the dismissal is inevitable in some cases, in particular, when it comes to the fault of the employee. In this case, it is necessary to know the law well, and the person working with the staff should not rely on subjective feelings, but on the rules and regulations set forth in the labor code of the Russian Federation. Novice managers often wonder how to dismiss an employee. Let's look at the different situations of this procedure.
How to dismiss a careless employee
Practically all managers in their practice are faced with the need to dismiss an employee who does not cope well or does not cope with his work at all. For an employee with personnel, such personnel constitute a big problem, because, in fact, they go to work, do their job, but the quality may not suit the manager. In addition, it is impossible not to take into account the psychological factor, because of which even a good employee may not be satisfied with the director - “the wrong person,” as they say.
If it is only a matter of human performance, then it is possible to dismiss for several reasons. Even if the dismissal is not suitable for any article, you can always find what to cling to. The Labor Code of the Russian Federation says that the dismissal on the initiative of the employer can be carried out for the following reasons (the list can be found in article 81 of the labor code):
- Liquidation of the organization or termination of the IP activity;
- Reducing the number or staff of the organization;
- Inconsistencies of the employee or the work performed by him due to low qualifications, which is confirmed by certification;
- Change of ownership of the organization;
- Failure of the employee to fulfill his official duties without good reason;
- A single gross violation by an employee of labor duties.
Most often, the desire to dismiss an employee under this article arises when the employee ever commits any offense. Once it has become clear how to dismiss an employee under the article, you must go through the following procedure: requiring the employee to provide an explanation in writing within two days, drawing up an order for dismissal and notifying the employee within three days from the moment of its drafting.
As a rule, there are no problems with the dismissal of a negligent employee.After all, the employee himself is well aware of why he is being fired.
A more difficult situation is how to dismiss an employee who does not want to be dismissed, or there are difficult moments - an employee is on vacation or on sick leave.
How to dismiss an employee on vacation
It is necessary to immediately determine that it is impossible to dismiss an employee during the period of leave at the initiative of the employer. According to the rule established in Article 80 of the Labor Code of the Russian Federation, an employee can only resign on his own will, but it is worth understanding that he will have to work 2 weeks from the time the statement is written. The application does not necessarily bring in writing, the law allows you to send it by mail. If an employee decides to withdraw his application, the employer does not have the right to dismiss him. On the last day of work, the employee must receive a workbook in the personnel department.
How to dismiss an employee on sick leave
The Labor Code of the Russian Federation says that an employee who is on a bulletin can be dismissed only at his will, or in the case of official liquidation or self-dissolution of an enterprise. If an employee who is on sick leave is declared incompetent, then he can be dismissed on the initiative of the employer.It is worth remembering that the employee who signed the application of his own free will have to work another two weeks in the organization, after which he is required to issue a workbook.
How to dismiss an employee to reduce the number or staff
The employer has the right to dismiss an employee in case of a reduction in the number of organizations. It is important to know the following rules:
- You must personally notify each employee, and the employee must carefully read the order and sign it. If an employee refuses to sign a notice, this does not negate the fact that he has read the order. This procedure should take place in the presence of witnesses;
- Workers who are members of a trade union can be dismissed not later than one month from the day of receiving the opinion of the head of the trade union;
- There are groups of people who have an advantage in this type of dismissal - the most qualified employees, people who have no other sources of income in their families, people with disabilities, people working in the direction. The entire list can be found in article 179 of the labor code.
So, dismissal based on the RF Code is a rather complicated process.For employers, it is important to remember that dismissal, which was carried out with violations of the code, can lead to the most serious sanctions, up to and including the closure of the enterprise.
Before you begin to think about how to dismiss an employee, you should consider other options to influence this situation, because an employee can be transferred to another department, allowed to rest, etc. It is imperative that you take into account the recommendations from other places of work and how a person showed himself during the work you have.
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