Labour laws: the order of dismissal of employees

There are a myriad of reasons for which an employee may be dismissed.If the leader takes such a decision, you must first figure out what should be the order of dismissal from the legal point of view.

main reasons for dismissal:

1. the employee or, as they say, your own desire - is the most painless option for both sides.

2. Lack of competent staff - if the results of the appraisal carried out by the company, unsatisfactory.

3. Failure on the part of the employee labor discipline.

4. Downsizing or closure of the enterprise.

These are the main reasons for dismissal, you want to see more.

order of dismissal on their own initiative

When an employee does nekompeten in the professional field, it is better just to explain that the company has for him there is no long-term future, it can not rise any way up the career ladder.And besides, it inhibits the operation of the enterprise.If the employee understands the head, then he needs to write a good recommendation or reward for having failed to disperse in an amicable way.

order of dismissal in this case is simple: a citizen submits an application, the head puts his signature and the verdict is that he does not mind.

employee alone may request the termination of the contract, advance warning of the head (the prescribed period - two weeks).If the latter is not against the dismissal, the contract may be terminated before the expiry date.If a mandatory two-week period has expired, to dismiss employees may stop working, and the head is obliged to give him a work book and pay, in addition to wages, compensation for unused vacation.The order of dismissal on their own initiative involves issuing appropriate orders.If within two weeks an employee changes his mind to retire, he may withdraw his own statement.

order of dismissal on grounds of redundancy

With the reduction of the number of employees (staff) in the first place remain at the company demanded skilled personnel.In addition, the head is obliged to pay attention to the marital status of workers and leave those who have children, dependents, including disabled dependents, as well as those who got in the enterprise trauma injury.This group includes people with disabilities and participants of combat operations, other categories of citizens.

Director must notify the workers that have to downsizing, 2 months before the date of dismissal.His responsibilities also included to offer the employee another position in the event of failure of the latter, he has reason for termination of the contract.The order provides for the dismissal other than those in this case, compensation for unused vacation and salary accrual of employee termination benefits in the amount of monthly earnings.

order of dismissal for gross violation of the (single) labor discipline

The list of grave misconduct in the workplace include:

1. Being at work in alcohol (or other type) intoxication.

2. Truancy without notice.

3. Failure to comply with worker safety regulations.

4. Disclosure of (commercial, public).

5. theft (embezzlement or destruction) of government property.

dismissal for absenteeism can be made within one month from the time it was committed.As an unexcused absence of all the facts are considered an employee at the site, except for the disease (or his relatives), accident, fire or transportation disruptions.