Every business owner is faced with the need to dismiss specialists. This process can be carried out for various reasons: the employee himself wants to change his place of employment, a citizen violates discipline at the enterprise, therefore he is dismissed under the article, and the process can be carried out by agreement of the parties. The procedure should be carried out by the employer taking into account all the norms of the Labor Code, since if the basic provisions are violated, this is the basis for holding the head of the company accountable.
Legislative regulation
Basic information about how the procedure for dismissing a citizen from work should be carried out is indicated in numerous articles of the Labor Code. Dismissal from a person’s main job may be initiated by the employee or employer. If the rules and requirements of the company are violated at all, then a disciplinary sanction may be applied upon dismissal on the basis of Art. 193 TC. If the head of the company violates the law, this may become the basis for the employee to appeal to the labor inspectorate with a complaint.
Stages of firing a person
The process goes through several successive stages. Each of them requires certain actions on the part of the specialist and the employer. According to the Labor Code, dismissal from work must be accompanied by the termination of the employment contract and the transfer to the dismissed employee of all due payments. In certain situations, working off is not required, for example, when an urgent move to another country or when an employee takes a vacation.
Receiving an application from an employee
If the process is carried out on the basis of the desire of the specialist to leave the place of work, then initially he draws up a corresponding application. According to Art. 80 TC, it must be submitted two weeks before leaving work. It can be formed in a free form, but competent dismissal from work suggests that this document must have significant information:
- a statement is drawn up in the name of the head of the company;
- the reason for dismissal is prescribed;
- the name and position of the applicant are indicated;
- the date of formation of the document is set, as well as the date that will be considered the day of dismissal.
Often, company leaders who want to fire a person under the article for any violation provide him with the opportunity to write a statement of his own free will, so as not to put unpleasant notes in the workbook. The application can indicate the day of dismissal. The day of work, which falls on the first day after working out, must be indicated in the document. Prior to this date, it is possible for the employee to withdraw the application if a new person was not found in his place.
If the employer himself wants to dismiss any specialist, then he is independently engaged in the preparation of documentation, so the employee does not need to make a statement.
Application Registration
The process is usually carried out by employees of the human resources department, but often an application is submitted to the enterprise secretariat. It is from this moment that the countdown begins until the termination of employment with the employee. It is required from the specialist to work out within two weeks. Dismissal from work without working out is possible if a person is on sick leave or takes out a vacation. Also often, employers simply let the employee go if they quickly find a specialist in the vacant place.
Drafting a dismissal order
For its formation, a unified form No. T-8 is used. Here, the information is certainly written:
- Name of the head of the company;
- company name;
- information about the dismissed employee;
- reason for dismissal;
- date of formation, signature of the head of the organization and other information, if necessary.
An employee of the personnel department is usually involved in drafting documents.
Order registration
This official document will certainly be registered in a special journal kept in the personnel department. A copy of it is entered in the personal file of the employee, so that if necessary, you can quickly find him.
Giving an order to an employee for review
A citizen who wants to leave work must necessarily study the order drawn up in connection with his dismissal from work. This happens after the document is correctly executed, signed by management and correctly registered. After studying the order, the employee puts his signature on it. If a citizen refuses this, then a special act is formed, signed by witnesses.
The formation of the note-calculation
The compilation of this document is carried out by an employee of the personnel department. It indicates how many days of vacation were not used by the resigning employee. Additionally, information about working days is entered. Based on the data from this document, all payments due to the citizen are determined.
Settlement with an employee
Assigned different payments to the dismissed person in compliance with the established deadlines. The calculation is performed on the last working day of the citizen, and you can also carry out this process on the day when the employee himself comes to work for the calculation, if he is on vacation or on sick leave at that time. The due salary and compensation are paid if there are vacation days that have not been used.
Entering Records
The company documentation must have a note on the dismissal of each employee. A record is made by personnel officers. For this, marks are made in the company’s account book, as well as in the personal card of the citizen himself. The record is certified by the signature of the employee.
Provision of a work book
It records the termination of the relationship. It is provided to the citizen on the day of dismissal. The day of work may fall on vacation, therefore it is allowed for the employee to come for the calculation and the document later than the deadline. It is the work book that confirms the experience of each person, therefore, all entries in it should be made carefully. It contains records of employment, transfers or dismissal. It is important to indicate the reason for dismissal with reference to the necessary article of the TC. The basis for making any entry should be a specific order issued by the head of the company. The record is certified by the signature of the owner of the document and an employee of the personnel department.
Is mining necessary?
It is almost always required to work out a certain amount of time before leaving work. There are some nuances:
- standardly, when leaving the place of work, a citizen needs to work 14 days;
- days of sick leave or vacation are included in the period of mining;
- if a person does not want to work in the company during the trial period, then working out is three days;
- if a pensioner leaves, then if he has any disease, it cannot be forced to come to work;
- employers themselves may not be required to work out the remaining days.
If a citizen has good relations with the former employer, then it is possible to agree at all on drawing up the order retroactively.
What are the benefits assigned?
When a citizen is fired, certain funds must be paid to him. These include:
- salary for all days worked;
- miscellaneous allowances and compensations due at the enterprise to a specific specialist;
- accrued premium;
- compensation for the remaining days of vacation.
The rules for calculating various compensations and payments are contained in Art. 139 TC.
When is severance pay assigned?
The dismissal of a person can occur for various reasons. Often, the reason for dismissal from work is a layoff or the closure of a company. Under such conditions, all citizens are required to pay severance pay, which acts as a certain compensation for the inconvenience arising from the loss of work. Upon termination of a perpetual employment contract, a benefit equal to the average earnings of a specialist is paid. Additionally, the same amount is transferred within a month after the termination of the relationship, if the citizen could not find a new job.
Grounds for dismissal
The dismissal of a person can be performed under different conditions:
- at the initiative of the citizen himself;
- when a specialist retires;
- on the initiative of the employer, and in this case, any violation on the part of the employee is usually recorded during the implementation of the labor process;
- by agreement of the parties;
- downsizing or closure of an organization.
Each option has its own nuances.
Agreement of the parties
To apply this method of termination of employment, the provisions of Art. 78 shopping mall. Process features include:
- it begins with one of the parties, after which the other side is notified of the decision;
- wishes are made upon dismissal from work by both participants in the process, after which mutual agreement is reached to terminate the contract;
- a special agreement is drawn up, where the date of dismissal of the specialist, the reason for the termination of the employment relationship, as well as the conditions for the completion of this procedure;
- the advantages of this method for an employee include the fact that he can receive various payments from the company, and the timing of their transfer and size are agreed in advance with the employer;
- all conditions fit into the agreement, which is further signed by both parties.
For company management, this method is also considered relevant if the services of a specialist are not required in connection with a change in the direction of the organization.
At the initiative of the employee
There are many reasons why citizens themselves want to change jobs. In this case, dismissal from work at will is used. For this, the parameters are taken into account:
- the specialist himself draws up the letter of resignation;
- You can quit without practicing while making sick leave or vacation;
- the application must be transmitted to management 14 days before dismissal;
- the citizen receives a salary and compensation for the vacation.
Often, a dismissal to another job is required, but at the same time it is impossible to do without working off if the former employer does not go forward and does not issue a dismissal order by a different number.
At the initiative of the employer
Usually this process is required under the conditions:
- the employee regularly violates labor discipline;
- the citizen does not cope with his duties;
- theft is recorded by the employee;
- the owner of the company is changing, so he wants to replace some specialists;
- regular violations of the terms of the employment contract by the employee of the company;
- when hiring a person, he handed over to the organization’s management false or completely false information about his education, experience, skills, or other characteristics.
It will not work to fire a person if he is on vacation or on sick leave.
The procedure is divided into stages:
- two months before the termination of the contract, the employee should be notified in person;
- if a person leaves in the presence of serious violations of the Labor Code on his part, then there must be evidence presented by different orders or other papers;
- the company's management draws up an order for the dismissal of a citizen, and for this, the reasons for the termination of the contract are indicated, references to the articles of the Labor Code are recorded and information about the employee is entered.
If there are no good reasons for dismissing a person, then a citizen can appeal to the labor inspectorate with a complaint. Under such conditions, the employer may be held administratively liable.
Retirement
Upon reaching retirement age, each person independently decides whether he will continue to continue his career or not. Dismissal from work of a pensioner without good reason cannot be carried out without the consent of the citizen. If an agreement is drawn up between the parties or the employee himself expresses a desire to terminate the contract, then he is assigned not only a salary and compensation for the vacation, but also a special one-time allowance. Its size is set by the local authorities in the region.
Staff reduction
In times of crisis, companies often need to reduce staff. The abbreviation can be standard or mass. In any case, certain conditions must be met:
- some citizens have the preemptive right to stay in the company;
- it is not allowed to reduce pregnant women;
- the employer must offer all employees on the reduction list the opportunity to take another vacancy in the company, if any;
- the release of workers must be notified in a timely manner to the employment service;
- each employee is paid the required compensation and severance pay.
Notify employees of the reduction must be two months before the termination of the relationship. For this, a special order is issued, signed by all citizens included in the list for reduction.
Contract Termination
If a person works on the basis of a fixed-term contract, then he can remain with the company for the period specified in the agreement. If the employer does not want to renew this contract, then it performs the following actions:
- three days before the termination of the agreement, it is necessary to notify the employee that the contract will not be renewed;
- if a notification is not provided, then it is considered that the contract is automatically renewed, therefore it is recognized as unlimited;
- the notice should not only be provided to the employee, but also should be recorded in a special company journal;
- it is required to form an order to terminate the employment relationship, after which it is registered.
After all these actions are completed, the person should be paid the required funds on the last day of work, and a 2-personal income tax certificate containing information about his income in the company over the past two years will be sent to him.
Thus, the hiring, dismissal of employees, their reduction or transfer are processes that should be performed only subject to the requirements of the Labor Code. Therefore, employers should be well versed in what actions are performed when an employee is fired. The process depends on who initiates this procedure. If in any way the requirements of the law are violated, the employer may be held liable, in connection with which he will have to pay significant fines.