There are so many reasons why an employee can be fired. If the manager makes such a decision, then first you need to figure out what should be the procedure for dismissal from a legal point of view.
The main reasons for dismissal:
1. The initiative of the employee or, as is customary to say, his own desire is the most painless option for both parties.
2. Lack of competence of the employee - if the results of certification conducted at the enterprise are found to be unsatisfactory.
3. Non-compliance by the employee with labor discipline.
4. Staff reduction or closure of the enterprise.
These are the main reasons for dismissal, which need to be considered in more detail.
The order of dismissal of an employee on his own initiative
When an employee is really incompetent in this professional field, it is better for him to simply explain that the company does not have a promising future for him, that he will not be able to climb at least some career ladder. And, in addition, it slows down the work of the enterprise. If the employee understands the leader, then he needs to write good recommendations or reward for the fact that he managed to disperse in a good way.
The procedure for dismissal in this case is simple: a citizen submits an application, the head puts his signature and the verdict that he does not mind.
The employee can independently request termination of the contract by warning the manager in advance (the established period is two weeks). If the latter is not against dismissal, the contract may be terminated before the expiration of the term. If the mandatory two-week period has expired, the retiring employee may stop working, and the manager must give him a work book and pay, in addition to wages, monetary compensation for unused holidays. The order of dismissal on its own initiative provides for the publication of the relevant order. If, within a two-week period, the employee changes his mind about quitting, he is entitled to withdraw his own application.
Dismissal Procedure
With a reduction in the number of employed employees (staff), first of all, the required qualified personnel remain at the enterprise. In addition, the manager is obliged to pay attention to the marital status of the workers and leave those who have children, dependents, including dependent invalids, as well as those who have been injured or injured at this enterprise. The same group includes people with disabilities and combatants, and other categories of citizens.
The head is obliged to warn employees that there will be a reduction in staff, 2 months before the dismissal. It is also his responsibility to offer the employee another position, in case of refusal of the latter, he will have grounds for terminating the contract. The procedure for dismissal provides, in addition to the compensation laid down in this case for unused vacation and salaries, accrual of severance pay to the employee in the amount of monthly earnings.
The order of dismissal for gross violation (single) of labor discipline
The list of gross violations of discipline in the workplace includes:
1. Being at work in a state of alcoholic (or other type) intoxication.
2. Absenteeism without warning.
3. Non-compliance by the employee with safety regulations.
4. The disclosure of secrets (commercial, state).
5. Theft (embezzlement or destruction) of state property.
Dismissal for truancy can be made within a month from the moment of its commission. As a disrespectful reason, all the facts of the absence of the employee on the spot, except for the illness (his or his relatives), accident, fire or transport malfunction, are considered.