Dismissal of an employee

Legislation provides for the dismissal of an employee both at his own request and at the initiative of his superiors.

The easiest way is to leave at will. It is enough for an employee to write an appropriate application 2 weeks before the date of the alleged withdrawal, to return this document for signature to the head and to finish the last days in the old place with a calm soul.

Difficulties arise if this dismissal does not fit into the management's plans. For example, a departing employee was required to conduct a large-scale audit, to pass an annual report or in the organization generally there is a strong shortage of personnel. In this case, the authorities often simply refuses to sign an application for the dismissal of an employee. The only way out of this situation is to send the document by registered mail with a notification. In this case, the secretary will be forced to register the incoming letter and sign for its receipt. Under the agreement with the authorities, the time for working off can be reduced or left for the sick-list for this period.

The procedure for dismissing an employee is significantly complicated if the initiator is not the employee himself, but the company's management. It's not so easy to fire a person, even if he does his job badly. The fact is that insufficient qualification can be confirmed only on the basis of certification results. You can not simply take and dismiss a person with the note "does not correspond to the post".

On certification, employees should be notified in advance, in addition, the charter of the company should be prescribed provisions for certification and created a special commission. In addition, even if the subject did not confirm his / her qualifications, he / she must be offered a vacancy appropriate to the level. And only after he refuses, you can proceed to dismissal. This method is good only when you need to get rid of a few incompetent workers, so to speak "clean up the ranks." For one person to start such an event is rather troublesome.

It is much easier to organize the dismissal of an employee for violation of labor discipline, for example, for absenteeism. The law allows for dismissal for one and only gross violation, but it is likely that the employee can challenge this decision in court, citing valid reasons: illness, emergency at the place of residence or delay in transport. Therefore, there should be several violations, and all of them must be documented.

If an employee is late for work or left with her earlier than prescribed, an act is drawn up and a written comment is made. Several such acts in conjunction with the reprimand are grounds for dismissal under Article 81 para. 5 of the LC. If the employee appears in a state of alcohol or drug intoxication, he must be sent for medical examination. If he refuses to pass the test - draw up an appropriate act and attach testimony of witnesses who can confirm an inadequate state: slurred speech, unsteady gait, smell from the mouth.

The most unprofitable for the employer is the dismissal of the employee for reduction. Unprofitable, because the employee will have to pay compensation equal to his official salary for 2 months. At the same time, in no less than two months, he should be warned about the coming reduction and offer a different place, corresponding to the level of his qualification. In addition, it will be necessary to create a new staffing table, and if one post is simply renamed to another - a new job description.

Whatever one may say, dismissing an employee of his own will is the easiest way for the company's management.