The notice of dismissal of an employee is an official personnel document, which is intended to inform the latter about the upcoming termination of the employment agreement. According to the law, the manager is obliged to inform the employee in writing of the intention to terminate his official relations with him. If the issue relates to reduction, then the employee’s dismissal notice is handed over to the latter under signature at least a couple of months before the planned date for completion of the labor contract.
Main
A notice of the dismissal of an employee is considered an official document in which the manager announces his intention to terminate his official relationship with the employee. Typically, this occurs in the following cases:
- if the subordinate does not pass the trial period (three days before the end of the contract);
- in connection with the reduction or liquidation of the enterprise (a couple of months before the start of these measures);
- before terminating the agreement with a citizen who performed his official duties under a fixed-term contract (three days in advance).
What is regulated
The dismissal of an employee on the initiative of the employer is provided for in article 81 of the Labor Code . Therefore, the termination of the contract with the subordinate should be executed only on the grounds specified in this article, for example, the termination of official relations in connection with the reduction of staff or liquidation of the organization. In this case, a notice of dismissal of the employee should be handed over to the latter personally under signature a couple of months before the proposed completion of the labor agreement.
Sample Compilation
The notice of the dismissal of the employee is the most important personnel document warning the employee of the impending completion of the service relationship. It must be handed to him personally and under signature within the time limits established by the TC. For example, the dismissal of an employee on the initiative of the employer should be affirm in accordance with Art. 81 labor codes. In this case, a notice of reduction or liquidation of the organization must be presented to the citizen two months before the start of these measures. It is compiled as follows:
Name of the organization________________
Notification
___________ (date) No. _________
Dear ____________ (personal data of a citizen)!
We inform you that from ______ (date) your position will be reduced. Based on Art. 180 TC, we offer all available vacancies ____________ (full list with salary).
Employee _____________ (signature and transcript)
Head _____________ (all data and list)
In addition, we should not forget that the specified document is prepared only in two identical copies. On one of which the citizen must put his signature. Nevertheless, it is necessary to warn a person about the upcoming termination of official relations in other cases prescribed in the Labor Code. For example, before the expiration of the service relationship or when the probationary period is not passed. This document is compiled as follows:
Name of company_____________
Notification of the dismissal of an employee (sample)
___________ Date No. _____
Dear _________ (citizen data)!
We inform you that the validity of the employment contract No. _____ of ____ (date) ends ________ (the last day of the performance of official duties). In this connection, at the indicated time, it will be necessary to go to the personnel department for obtaining documents and wages.
Head __________
Employee ______________ (full signature and date of receipt of notification)
Here you should not forget that the specified document is executed and transmitted to the person three days before the specified date of dismissal. If this does not happen, the validity of the employment contract is extended and it becomes unlimited.
Test failed
In this case, one should not forget that the dismissal on this basis must be documented without fail. In addition, the period of the probationary period should be indicated in the performance contract itself. If it is not provided, then subsequent dismissal on such grounds is unreasonable. It is worth noting here that the longest probationary period for subordinates is three months. While for the head and chief accountant, he can be twice as high.
Abbreviation
This procedure for the termination of official relationships with an employee must be framed in accordance with the strict requirements of Art. 180 Labor Code. In addition, on the last day of the career of a person who is being fired due to staff reductions, he should be paid all his salary and severance pay.
Unfortunately, not all managers take this procedure responsibly and therefore make big mistakes in the calculations and end official relationships with violation of the law. After which the disgruntled subordinate appeals to the judicial authorities for help. In order to prevent this from happening, the reduction of the employee in the Labor Code of the Russian Federation should be carried out as follows:
- notification of the employee subject to dismissal (two months before the start of the event);
- offer to the subordinate other vacancies that this manager has at the enterprise;
- delivery of a notice by signature (on the second copy, he must also put a tick on receipt);
- full payment of all funds on the last day of work (compensation for two months, salary and vacation pay).
Subject to the observance by the head of the specified algorithm of actions, the subordinate will have no reason to appeal to the judicial authorities for the protection of their rights. In this case, the reduction of the employee according to the Labor Code of the Russian Federation will comply with the norms of labor legislation.
Causes
In order to complete a service relationship with an objectionable subordinate, the employer needs to have strong arguments so that after his dismissal, the employee does not apply to the judiciary and does not recover again in the workplace. That is why the procedure for terminating an employment contract with a citizen should be drawn up in accordance with the norms of the Labor Code. Nevertheless, the reasons for the dismissal of employees can be very diverse: reduction, termination of the organization, termination of the service agreement, not passing the trial period. But each of them should be framed only in accordance with the norms of the law. If the dismissal of a person should be carried out due to the fact that the period of validity of his service agreement has come to an end, then the manager must notify the employee about this three days before the date of termination of service.