Leaders often come up with the question of how to properly dismiss a negligent or lazy employee, so as not to pay him the statutory compensation. Also, quite often there are situations when the employee's personal and professional qualities are quite satisfactory, but for one reason or another it is necessary to say goodbye to him. In this article we will consider the most common situations when it is necessary to dismiss an employee and tell you about the correct ways to solve them.
How correctly to dismiss the employee?
The most popular reason for the dismissal of employees is their own desire or Article 38 of the Labor Code. In order for the dismissal procedure to pass by all the rules, the employee must, within 14 days, file an application for dismissal in the name of the company director in the personnel department. The date of dismissal, staged in the application - this is the last working day. After two weeks of testing, the former employee receives a settlement and work book. In this case, no misunderstandings occur. Often there are situations when the manager and the subordinate do not find a common language, and the employee states that the put two weeks will not work. According to the law, the employee must work, with the exception of the following situations:
- Moving to another city;
- the provision of a certificate from a new place of work, where it is indicated that the person commences his duties from the day preceding the expiration of two weeks;
- agreement of an earlier date with the supervisor.
How do I fire an employee for absenteeism?
Article for absenteeism - p.4 st.40 CZoTa. Dismissal under this clause must be documented, otherwise the dismissed employee can sue the former employer. The dismissal is carried out in several stages:
- compilation of 3 acts on absenteeism from the first day of absenteeism;
- writing an explanatory note by the employee, indicating the reasons for absenteeism;
- Sending a letter with a notification to the employee who skips work with the requirement to appear and submit supporting documents. The letter is sent if the employee did not write an explanatory note and continues not to go to work. Also, in the letter, the employee is warned that he will be dismissed from the article in case of non-appearance;
- compiling a memo by the head in the name of the director with the request to consider the issue of dismissing an employee for absenteeism;
- the creation of an order to dismiss an employee and the entry of an appropriate entry in the work book. The date of dismissal is the last working day. All days of absenteeism should be displayed in the time sheet.
- sending a letter to the employee with a notice informing him of his dismissal for absenteeism and offering to come for a work book.
How to dismiss a staff member?
Dismissal of an employee to reduce staff - p.1 art.40 of the Labor Code. Before you dismiss a staff reduction employee, you must notify him of upcoming changes no later than two months before the alleged dismissal. Otherwise, there are violations of employee rights and labor relations.
How to properly dismiss a person on probation?
According to the current legislation, the maximum duration of the probation period may be 3 months. If during this period the employee is not dismissed, his further dismissal can be made only on general grounds. Dismissal of an employee, as not having passed the probation period - art. 28 of the Labor Code. Upon dismissal under this article, the head of the department writes a memorandum addressed to the director of the company, in which he indicates that the employee does not correspond to the position held. On the basis of this memorandum, an order is issued for dismissal.
How can a temporary worker be fired?
When a temporary employee is employed, a temporary employment contract is concluded with him, specifying the terms of employment. The employee must be acquainted with the signature with the order for employment or an employment contract. If the deadline for hiring is not stipulated on the day of registration and the employee is accepted
How to dismiss a worker on sick leave or on vacation?
According to the current legislation, dismissal of an employee on leave or on a sick leave is not carried out. Otherwise, this action is considered as a serious violation of employee rights.
The employer has the right to dismiss an employee who is on a long-term hospital for more than 4 months, but with the preservation of the workplace.