How to dismiss the worker competently

How to dismiss the worker competently

According to the labor legislation of the Russian Federation, the employer can dismiss the worker for several reasons. This list is imperative, and it cannot be added independently. The list of categories of persons who cannot be dismissed on any circumstances is also provided in the law, the exception is made only by liquidation of the enterprise.

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Dismissal of the worker possibly if the worker does not correspond to a post, did not pass certification if the employer stopped the activity, because of numerous non-execution by the worker of the direct duties, change of the owner of the enterprise, single gross violation by the worker of labor duties, a truancy (absence of the worker during all working day or four hours without interruption), etc. The list is exhaustive and is regulated by article 81 of the Labour Code of the Russian Federation.


If you decided to dismiss the worker on own initiative, it is necessary to report to him about it in advance. Make the order in which specify the dismissal basis, date and set the seal of the enterprise, undersign. Acquaint the worker with this document under a list. You have to prepare the copy of the order that the worker could take away it to himself. In case of refusal from the signature, draw up the statement and apply to the document or put on the order, below own signature, record about it.


Last afternoon of work for the dismissed day of the publication of the order will be considered. At the same time you are obliged to issue it the service record and documents from a personal record. About dismissal the corresponding employment records are made, the provision of the law, the basis of dismissal is specified and the signature of the head of the organization is appended.


If the worker leaves on own initiative, the duty to report about it to the management not less than in two weeks prior to the last working day is assigned to him. During this time the management selects the new employee and makes out the necessary list of documents on dismissal of the previous.


There are cases when the worker whom made the decision to dismiss, is on the sick-list. In this case, the employer has no right to dismiss him on the initiative before recovery if the worker himself wishes to stop labor relations, obstacles to registration of the order for dismissal are not present.


Anyway, observe a dismissal order. In advance ask to write the worker an explanatory note with justification of violation of the labor legislation if he refuses to prepare the document, draw up the statement with presence of at least two witnesses, put the signatures and subsequently attach to the order for dismissal. Can carry out dismissal to some stages, for example, at first take out to the worker the remark, then declare reprimand, then strict reprimand and, at last, discrepancy of a post.