laws are changing every day.This became especially evident in the relatively new Labour Code.If earlier to dismiss the employee was hard, but maybe now the jurisprudence shows that the cases of violations of the rights of employees in connection with their illegal dismissal end in 90% of cases in favor of the employee.Termination of an employment contract by the employer as an administrative decision was not so much to frighten workers, as employers themselves.
This high percentage is quite understandable.First of all, and, unfortunately, the majority of employers and their employees in the personnel department employee severance admit many mistakes, do not follow the only possible procedure for dismissal of the Labor Code.
Termination of employment contract by the employer is only possible after repeated (at least 2) disciplinary violations.For each violation to be reprimanded (to document the violation, to the employee against receipt, inform).
or dismissal due to the mismatch positions.To do this, the employee attestation that shows his lack of skill level.It is important that employers should be aware of, but there are still plenty of details ... The Labour Code Article 81 "describes" all possible causes for termination of the contract with the employee on the initiative of the management.
Secondly, to prove that the termination of the employment contract by the employer was based on good reasons and in compliance with the law - it is the burden of the court lies with the employer.Most of the reasons for the dismissal of sound unreasonable (in official papers is difficult to express all the colorful disorder employee), and therefore prove the validity of the dismissal is almost impossible (even with all the requirements for the procedure of dismissal of the law).
Offended former employees have become bolder: before most afraid to defend their rights.Why, simply did not know about them, but now almost everyone who was fired immediately apply to the court, even if knows that the perfect employee it will not name.
In this situation, it became quite difficult to get rid of employees, frankly inappropriate to their position, such who violate labor discipline at the company, where it is very important, or that have to redo everything yourself.It happens that in one person combine both of these unacceptable for a good employee quality.
what law output found employers to continue to not get into this situation? Hiring a new employee on probation is not appropriate, can be dismissed at any time until the trial period has not expired.Termination of employment contract on probation also requires consideration of many nuances, compliance with the law.For example, before you dismiss an employee, it must notify three days before the termination of the contract.It is necessary to articulate the reasons for dismissal in the order, why the employee has not passed the test.Otherwise, again - the trial, the compensation of harm, restoration of careless employee positions ...
There is another option - fixed-term contract, however, it is not suitable for all positions (only with a short-term nature of the work).Termination of contract by the employer in this case is not necessary.The employment contract shall be considered terminated at the end of the period for which it is concluded, the short period that suits both the employer (time to assess the employee to the position), and the employee for some reason (need temporary work).At the request of the parties after the termination of fixed-term contract can be concluded a regular employment contract and had to work quietly with a suitable employee you are not making plans for his dismissal.
Termination of employment contract by the employer, despite all the difficulties, is still quite feasible measure only need to carry out dismissal in accordance with the law and be prepared to prove their case in court.
