no secret that the relationship between employer and employee are not always rosy.Conflicts may arise between the employer and employee, for various reasons, and may develop in unpredictable scenarios.As a rule, the apogee of any industrial or corporate conflict appears dismissal.In addition, the conflict should not be seen as the main reason for dismissal, in most cases, it stands for professional negligence and negligence.
relations employee and the employer are subject to the labor law and regulated by the Labour Code.Already from the title of this document it is clear that he can assist in the resolution of labor conflicts and avoid their development.But if so add up the circumstances that still have to resort to dismissal, it is also worth to remember that the dismissal is regulated by law and associated with a number of nuances.Well, if your company has a strong trade union leader and an organization that can actively intervene in labor relations on the protection of the rights of the latter, in case of violation.Some of the same, relying on their knowledge in the field of labor law, and several exaggerating them, victims of administrative arbitrariness.
Act provides that the dismissal by the employer takes on various grounds.We should not assume that the dismissal - an act that harms only the employee, there are cases when it becomes a blessing and dismissal to the employer for the entire workforce.For example, in the Labour Code sets out the grounds, which are designed to protect the interests of the employer and, in fact, to protect him from negligent employees.Specific grounds on which permitted the dismissal by the employer, provides art.81 LC RF.This type of dismissal and therefore was colloquially called "the dismissal of the article".
According to this article, the employment contract between an employer and an employee may be terminated in the event of:
- liquidation of the enterprise;
- due to non-compliance employee wage worker positions;
- reduction of staff;
- because of the mismatch employee quality of work because of low education;
- dismissal by the employer is subject to the change of ownership of the enterprise;
- after repeated violations of labor discipline and employee existing collection;
- with a single, but a gross violation;
- because of the commission of truancy (such is the lack of personnel in the workplace for more than four hours);
- with the appearance of an employee in a state of intoxication;
- when making employee theft;
- in violation of safety regulations in the performance of job duties;
- in the case of an employee, serving the values ​​misconduct;
- in the commission of an act incompatible with the norms of morality and ethics;
The same article also provides for cases when there is a termination by the employer of the parent organization or institution, the manager:
- when deciding which caused material damage or financial loss;
- with a single, but this abuse, which resulted in dire consequences.
dismissal procedure prescribed in the Act, provides for implementation of a number of mandatory action on the part of the employer.First of all must be done right the corresponding record containing a reference to the norm of the law in the workbook.It is important to consider and pay attention to the fact that the day of the dismissal is considered a working day, but because the date to be specified, as the last day for which the employee carried out his duties.The procedure also provides for the issuance of employee and, on request, copies of the order to which he should be familiar by hand.
