Dismissal of an employee: what is important to know about

Dismissal procedure is regulated Labor Code of the Russian Federation... The main act of labor legislation contains a list of articles that describe the grounds for dismissing a person. In the process, it is important to take into account various nuances: from the correct paperwork to psychological aspects.

Stages (procedure) of dismissal

The termination procedure consists of a number of steps. In order for this process to proceed in compliance with all the requirements of labor legislation, it is important to take into account each of them.

In the process of dismissal, you must go through the following stages:

• acceptance and registration of the application;
• publication and registration of the corresponding order;
• familiarization of the resigning person with this document;
• registration of a note-calculation;
• making a full payment with the resigning person;
• a record of the fact of dismissal in the company's accounting documents;
• receipt by an employee of a work book with a corresponding mark (confirmed by the employee's own signature);
• receipt by the employee of a salary certificate (sometimes this step is initiated by the employer, but more often a certificate is issued at the request of a resigned employee).

Dismissal of your own free will. Writing a statement

The easiest way to get fired. Implies serving statements employee yourself. The employer, seeing that his subordinates are not fulfilling their duties, can push him to write a letter of resignation. An employee in this situation receives a good recommendation for further employment.

Dismissal of your own free will- the best option. This process takes place quickly and without mutual discontent. The employee writes the application and the employer provides a good recommendation. Download an example of such a statement

It is necessary to dismiss an employee as delicately as possible, without unleashing conflicts on both sides!

In case of refusal to write a statement of your own free will, you can use other approaches, but in no case should you allow threats. This will make it difficult for the employee to leave and add problems to the employer.

The employer can do the following:

• Collect a dossier on an employee (complaints from other subordinates, dissatisfaction from customers, memoranda, etc.).
• Create unfavorable conditions at the workplace (transfer part of the work to other employees, deprive of bonuses and higher wages, prevent movement up the career ladder, etc.).

An employee may react ambiguously to this state of affairs. After collecting the dossier, the employer calls the employee for a conversation. In the process of communication, the employer explains to his subordinate that there are facts that indicate unfair work, and it is better to leave of his own free will than in violation of one of the articles of the labor law. The employee usually agrees to write the statement.

By watching this video, you will learn the correct procedure for dismissal of your own free will. What legislative subtleties does the employer rely on when using this form of suspension from the workplace, and why should the employee still write a statement.

Dismissal of an employee by agreement of the parties

Dismissal by agreement of the parties- one of the best ways to leave the workplace. The employer, after preliminary negotiations with his subordinate, can fire him at any time, even in cases where the employee is not currently at work due to vacation.

Download an example of an application for such a dismissal option

One of the parties, which initiates, sends to another person a written or oral proposal for the purpose of discussing the issue. After negotiations and reaching agreement of both parties on the termination of joint work, an agreement is drawn up.

It is best to draw up it in writing, indicating the date, reasons for leaving the post, as well as the conditions that the employer undertakes to comply with. This form of the document guarantees the legality of the actions of the resigning person and the employer. After signing by both parties, a corresponding order is issued and the contract is terminated. Cancellation of the agreement is possible only as a result of the consent of both parties.

With this form, the resigning person receives its advantages:

• A link to the Labor Code in the entry, which is drawn up in the labor code.
• The resigning person is guaranteed payments.

Compensation for a dismissed employee is paid in the amount specified in the contract. If the agreement does not say anything about the financial component, the payment will be equal to the amount established in the Labor Code. The compensation paid guarantees the employer that the agreement will not be canceled. Learn more about how to calculate your compensation.

In the event of an employee's disability, the employer may have the right to terminate the contract by mutual agreement.

By watching the video, you will learn how the dismissal procedure is carried out on the basis of mutual consent, what the employer relies on when deciding to dismiss the employee, how the situation is resolved peacefully and what the resigned person can claim.

Dismissal without the employee's desire

As a result of economic losses, many enterprises seek to reduce their staff. Naturally, usually employees do not agree with this state of affairs and are reluctant to leave their place. In addition, dismissal can be the result of absenteeism, failure of certification, etc.

Dismissal for inadequacy of the position

Sometimes an employee is fired because of his inconsistency with the position held... Suspension from the workplace by passing appraisals... This state of affairs exists only in those firms and enterprises where there is a special document "Regulation on Attestation", with which all employees must be familiarized, and everyone signed, confirming their acquaintance.

Knowledge assessment is carried out by a special commission. Only professionals in their field should be members of the community of assessors, the leader is not required to be present.

The results of the person being certified are documented in a separate order.

After passing the certification and receiving an unsatisfactory mark, the manager gives the employee a second attempt to retake the examination questions. In case of repeated failure, the employer has the right to demote his employee. In most cases, the employee disagrees with this and quits.

Removal from office is not possible if the certification has not been announced in advance.

Refusal of the given position is documented, and only after that the manager has the right to dismiss under the article in accordance with the Labor Code. The employer must be wary of dismissal, have a general idea of ​​the work of employees, take into account their positive qualities.

Dismissal for truancy

According to the Labor Code, a violation of labor discipline, including absenteeism, may be grounds for removal from office. Release from the workplace is allowed if the employee is absent for 4 hours without a valid reason and an explanatory note.

As practice shows, the offender is not always dismissed immediately, most often the employee receives a warning, and then a reprimand with entry into a personal file. If absenteeism is repeated, the employee is fired. The release from the workplace is supported by several documents and facts: remarks, service memos, complaints. The employee is dismissed within one month from the day of the misconduct.

Dismissal due to layoff

Dismissal on the basis of staff reductions is a rather time-consuming and very costly process. The employer is obliged, according to labor law, to pay compensation to the dismissed. The reduction occurs massively, taking into account the benefits of the enterprise.

The reduction of those employees who are dismissed must be notified two months before the actual dismissal. The employer has the right to offer the employee another type of employment or a change in working conditions:

• another workplace;
• reduction of working hours in the previous position.

If an employee is not satisfied with the conditions, he is laid off. The employee receives from the enterprise, in addition to his salary, a severance pay stipulated by law and compensation. For the organization, this is a huge financial cost, so the employer is looking for compromise conditions for himself and the employee.

Severance pay is paid on the last day of his tenure. It is 3 times the average monthly salary of an employee. If an employee contacts an employment center and cannot find a job, the employer will be forced to pay the former employee a monthly allowance. The amount of payments is equal to the size of his average salary for the last 2 months.

An employer cannot dismiss the following categories of citizens as a result of downsizing:

• expectant mothers;
• mothers raising children without a father;
• women who have at least one child under the age of 3;
• employees on vacation or on sick leave.

Dismissal as a result of liquidation of an enterprise

When a company is liquidated, all employees, without exception, are removed from their posts. You need to notify the company about the termination of work 2 months in advance.

The employer draws up a written notice in two copies, signed by both parties, one of which is with him, and the other is given to the employee. After 2 months, the employer issues a corresponding order and draws up the necessary entries in the labor book for employees.

Upon dismissal on this basis, compensation is paid to all those dismissed. Its amount is determined as the amount of the severance pay, plus any payments due.

Dismissal on probation

An employee who passes the probationary period can be released from the workplace on his own initiative, as well as in case of unsatisfactory results, poor performance of duties or other faults.

The employer draws up the relevant document and submits to the dismissed person for signature. Even if he does not sign, the order is still issued, and the employee is dismissed. After such a procedure, he is given a labor and a document with a calculation, which indicates the amount of salary.

An employee, while on probation, can resign on his own initiative. He must notify the employer of his decision in advance. The order is drawn up on the basis of an application from the resigning person. The employer enters a mark in the labor document and issues a calculation.

Many enterprises provide for working off. When dismissed from office on this basis, they are 3 days, and the countdown starts from the date of submission of the application. At the request of the employer, working off may not take place.

Dismissal as a result of not passing the probationary period

If the employee did not cope with his direct responsibilities during the probationary period, the employer has the right to dismiss him from office. The employee is sent a written document terminating the agreement. After that, a corresponding order is issued, a note is made in the labor code, the accounting department makes the payments provided for by the Labor Code.

Dismissal of an employee who is missing

Dismissal from the workplace on this basis is not carried out immediately. First, a document is drawn up stating that the employee did not appear at the workplace, and search activities begin. Calls are made to relatives and friends, notifications are sent to the addresses indicated in the personal file.

If these actions were unsuccessful, another person is assigned to the position of the missing employee. The employer draws up an employment agreement with the substitute employee. Such an agreement is terminated when the main employee appears at the workplace.

Only a court can recognize a person as missing. Only in this case the agreement is terminated with him. Recording in labor, the corresponding order can be issued with a few months or even years after the date of disappearance.

The payroll and salary are received by the relatives of the missing person. To do this, they just need to provide documents that confirm their relationship with this person.

Documents issued upon removal from office

The employer, after termination of the employment agreement with his employee, is obliged to issue him the following the documents:

• work book with appropriate marks (see also:);
• 2-NDFL;
• certificate of average earnings for the last 3 months.

How to correctly say about dismissal. Psychological help

It is not always possible to dismiss an employee from the workplace without consequences. Important tactfully explain to the employee that the firm or enterprise no longer needs his services.

Firing starts with explaining to the employee the reasons for his dismissal... Here we can say that he creates a bad atmosphere and does not fulfill his official duties. It is important that the employee understands that they are being fired for a reason, but for certain reasons. You can also try negotiation environment, the manager and the employee sit down at a round table and discuss the current situation.

The employer is obliged to inform the employee that there will be another conversation with him a few days before his dismissal. It is necessary to warn the employee so that he gathers his thoughts and calms down. The employer can inform the employee about his removal from office at the interview, discuss the problems that his firm could not solve and what exactly needs to be done to change this state of affairs.

An unexpected dismissal from a job is stressful for a person. New tasks arise: finding a job and a livelihood. Important calmly and delicately tell the dismissed the unpleasant news.

Before you fire an employee, read the basic provisions of the Labor Code. In any situation, you need to try to come to an agreement. All controversial issues between the dismissed and the employers are resolved in court.