Sooner or later, any employer is forced to figure out how to properly dismiss employees, how to count a person, officially parting with him, how to arrange the process correctly so that there are no questions from state authorities. There are a lot of reasons and reasons for dismissal, and even the best employee can decide to leave the company or circumstances will arise in which the employer considers it necessary to dismiss him. In order for everything to go as smoothly as possible, you need to be responsible for the paperwork, and also ethically approach the dismissal process itself.
Relevance of the issue
In the life of any leader, there were employees who did not want to say goodbye, but for various reasons, people decided to quit. Of course, there will always be a person in the company who is expected to submit an application so that the employer, who knows how to properly dismiss an employee of his own free will, ends all business relationships on time. In any of the options, you need to take responsibility for the procedures so that in the future you do not encounter problems associated with them.
Nowadays, it is extremely rare for someone to work at one enterprise for so long as to retire. If this happens, everyone will immediately hear the situation. In practice, most often people leave on their own or parties to a labor agreement conclude a mutually beneficial agreement.
Will and Law
Most often, the employer has to figure out how to properly dismiss an employee of his own free will. The situation arises if the hired person decides to leave the position entrusted to him, while there were no prerequisites, advice and recommendations from the director of the enterprise, there were no proposals to leave the place. As experienced entrepreneurs say, more often than not they have to part with the best employees. However, it is worth being prepared for this from the very beginning - you cannot force a person to work for the good of the company all his life. On the other hand, as many experienced workers note, often the reason for dismissal is the inadequate reaction of the enterprise and its management to human problems.
If the analysis of the unit's work shows increased turnover, you should look at what is happening. Probably, the working conditions are rather poor. Perhaps the reason is in the local manager, who is too strict for the employees. To determine the reason, it is necessary to talk with everyone who wants to leave the workplace. Usually people talk quite frankly about their problems and difficulties. You can not let go of a person without specifying for what reason he decided to resign.
I don’t want, but I have to
It so happens that you have to figure out how to properly dismiss employees who have applied for a waiver of the workplace, while the situation is due to pressure from the employer. The head of the company may strongly advise a person to resign, leave the company. At the same time, the threat of forced dismissal is really serious for a person, and in a sense, the employer curtsies in favor of the employee, allowing him to take the first step into his free life. On the one hand, there will be no entries in the workbook that can ruin the reputation, at the same time a person maintains his reputation in front of colleagues and is not so offended by the fact of dismissal.
Another case where the employee probably does not want to leave the workplace, but the manager is interested in this is crossing the border of the retirement age. If the career has come to a logical end, the time has come for the person to retire, retirement is possible. As a rule, it is advised not to drag out such enterprises with this state where the issue of saving finances is very acute. Young employees need to pay less, so retirees are advised to write a statement as early as possible in order to update the recruitment of employees. If you ask an experienced entrepreneur how to fire retiring employees correctly, he will probably answer that the process should be formalized solemnly. Usually they organize a small corporate holiday, and a person leaving the retiring person is handed a pleasant gift - a diploma, a tablet or more useful items, for example, watches.
I don’t want to, but I have to
The situation is much more complicated if you have to figure out how to properly dismiss an employee for an article so that the case looks ethical and as less as possible conflicting. Even if both parties agree with the procedure, it is difficult for all participants in the employment relationship, but forced separation from staff is an additional pile of problems. To minimize discomfort, you can try arranging a farewell to a person as a layoff.
They say about reduction if the company decides to abandon some of the hired workers because of monetary considerations. So, if you had to terminate important contracts for the work of the company, profit decreased, and in order to maintain your performance, you have to reduce expenses, including labor costs. One way to solve the problem is to dismiss a reduction employee. How to correctly explain to a person, they decide, focusing on the policy of abbreviations adopted by the company. Many in this situation are the first to let people last employed. For others, the first candidates - those who work irresponsibly, violate the standards. It is noted that with the normalization and stabilization of the financial situation, many are happy to accept former staff to work back.
It's curious
Since the problem of how to properly dismiss employees, how to ethically break up with staff, has been relevant for our civilization for a long time, in the history of law in different countries you can find interesting standards. For example, in 1884 in Tennessee, it was decided to introduce the possibility of removing an employee from his post at will. According to the decision of the court, the owner of the enterprise can dismiss the employee, having a reason for this or in the absence thereof, if the contract does not directly prohibit the operation. About a hundred years have passed, and local laws and trade union agreements have significantly reduced the opportunities for employers. At the federal level, many legislative acts were adopted that contained a description of the reasons for which it is impossible to refuse a person a job.
Nowadays, many employers may still not have to worry about how to refuse the services of an employee: in some states, the rule of dismissal at will is still relevant. The company sometimes already at the stage of employment informs the employee about this possibility. When planning to go to work abroad, it is worth taking a closer look at local laws so as not to be in an awkward and uncomfortable situation of a sudden loss of position.
Does it fit?
Sometimes you have to figure out how to properly dismiss an employee on the initiative of the employer, if the person does not correspond to the work that he was entrusted with performing the accepted standards. For dismissal to be possible, the employee must commit a serious misconduct, for which the law stipulates the possibility of his exclusion from the enterprise. You need to be as careful as possible when working with people. Even in the case when there is every reason for dismissal, you need to take this issue responsibly - a person can turn to the court for help, and the courts, as you know, in a predominant percentage of cases decide exactly in favor of the dismissed.
There are also reasons why one has to figure out how to calculate the dismissed employee correctly, which the offenders themselves recognize as a fair reason for parting with work. Some violations of the laws of the state are considered so thorough that it is forbidden to punish them with reprimands and warnings - the head is obliged to dismiss the employee. This happens if a person verbally insults other employees, if he shows incompetence in the post, steals or appears drunk at work, does not obey the orders of the leader and resorts to physical violence. A good reason for dismissal will be falsification of information or documentation.
Causes and consequences
Sometimes you have to figure out how to properly dismiss an employee on the initiative of the employer if the hired person does not treat others correctly, curses other people and tries to offend them, and finds fault with their activities. Every modern person is guaranteed by the law the right to work in an environment where he is not offended. Insults - this is a significant blow to the image of the enterprise, especially if the object becomes the customer, partner. First, the manager must warn the person that they can fire him, and if this does not help, you can safely dismiss the person hired. If you do not fire a person, those who are offended can file a lawsuit, including against the employer.
Sometimes an incompetent employee is given the opportunity to leave peacefully, offering, albeit not quite right, to dismiss a staff reduction employee. If a person does not agree with such a compromise, he can be fired forcibly. The employer receives such a right if the hired person does not want to study, clearly does not correspond to the position in which he was taken, and no attempt to help does not help.
Discipline Above All
The current legislation describes in detail the current procedure for how to properly dismiss an employee for absenteeism. Undoubtedly, a company can only flourish when all, without exception, hired people are responsible for their tasks and solve them in time. If a person is late, does not leave on a working day, it harms the efficiency of the enterprise, becomes a bad example for others and threatens the stability of the company. First, it is necessary to officially warn such a non-punctual person, but if this does not help, the employer has the right to issue an act of delay, on the basis of which an order for dismissal is issued.
Another issue of discipline, which can be a good reason for dismissal, is the refusal to submit to leadership. If the employee does not want to fulfill the obligations prescribed in the labor agreement concluded with him, you can dismiss him immediately without warning about such a measure. Some employers approve if workers ask questions regarding instructions received from superiors, but in any case await their impeccable and unquestioning execution. If a person refuses to do what he is supposed to do according to his position, thereby damaging the hierarchy of his subordinate and bosses, and no one should tolerate such a situation.
All according to the law
Sometimes an employer can forgive a violation of discipline and will not figure out how to properly dismiss an employee for absenteeism, deciding to dispense with a remark or reprimand, but if a person is physically aggressive towards others, you can’t leave him at work. Any threats, human violence - this is an extremely serious reason for dismissal. Every person is provided by law with the right to work where he feels safe. If there is a certain external threat, no one will give himself to work completely. If someone begins to threaten others, the boss must immediately call the law enforcement agencies or local security, draw up an act of what happened and based on it issue a dismissal order. The workplace does not allow violence and even threats thereof. One who is not aware of this cannot work on an equal basis with others.
An equally unforgivable act is theft. A person may try to steal the property of the enterprise or things of other people. In any case, the behavior is considered unacceptable and is the basis for immediate dismissal. No warnings are required. If there is direct evidence of guilt, the commanding staff may dismiss the employee, and he will not have the right to go to court complaining of an unfair treatment.
Keep abreast of what is happening
One of the basic rules for properly dismissing an employee due to staff reduction, non-compliance, and a number of other reasons that do not require an immediate order is to warn staff about what is happening. Fulfillment of formalities allows to exclude claims from the hired, with whom it was decided to leave. If the entrepreneur neglects this necessity, the dismissed person may apply to the labor inspectorate or court, where he is recognized as right.
One of the basic rules for working with personnel in a domestic enterprise is to document each step. If the reason for dismissal becomes a low level of effectiveness, you must have official records that would confirm this. The fact of theft has been revealed - there must be written evidence of the justice of the decision. Dismissal is a procedure in which there are no extra documents. The more often the company is forced to take extreme measures, the more there will be discontent people who want to find a loophole and prove that they were wronged unjustly. And if you have to figure out how to properly dismiss an employee who is on vacation, then you should not neglect official papers - otherwise, then the person will say that he was dismissed without warning and no reason that the company has no right.
About design
The current rules for organizing workflow at the federal level establish what documentation needs to be generated in collaboration with the staff, how to properly manage it, how to properly staple the personal files of laid-off employees (archive, where to store in alphabetical order, without a special seal). A general procedure for the completion of an employment agreement has been introduced - it does not depend on the reasons for termination of the agreement.
In order to properly execute the dismissal, it is necessary to draw up an order about it in two copies, both must be signed by the head of the company. One of the orders should be with accountants who calculate a person, the second - in the personnel department, where it is used to fill out a work book. To make an order, they use a standard form, but you can draw up a document arbitrarily. In any case, it is imperative that the employee familiarizes himself with the document, confirming this fact with his signature.
Features of the situation
The duty of the head is to give the employee a work book, on the day of dismissal, all the required sums of money and allowances, regulated by the previously concluded agreement, as well as the agreement signed by the whole team. An employee may refuse to receive a work book, in which case an act must be drawn up. If the person did not come on the day of dismissal, all amounts must be provided the next day after the requirement to pay the person. On the day of dismissal, a letter is sent by mail stating that it is necessary to pick up the work book. It can be sent by mail only if the employee agrees in writing to this. If a person wants, they give him a certificate in which they record where and by whom he worked, how much he received. If the reason is the desire of the employer, a person should receive a copy of the order about what happened.
If a person is not issued a book on time, if the final payment is late, the company is obliged to pay the average earnings for the entire period of delay.
Design Features
If the reason for the dismissal is the desire of the hired person, a person must file a written application. No other evidence of his desire to free himself from the workplace is accepted. The employer must be warned of plans to quit work two weeks before this event. The first day of the term is the next after writing the application, and the last is the one when the fact of dismissal is executed.
The task of the employer is to terminate the agreement within the time specified by the employee, if the reason for filling out the request is an important reason. Such is considered a move, admission to study, transfer of a spouse to another locality, inability to live in a particular area, confirmed by a doctor’s certificate. The reason for the application may be pregnancy or the need to care for a young child or a disabled person. , . .
The subtleties of the process
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Sometimes the employer has to figure out how to properly dismiss an employee on a trial period. The reason for dismissal is considered to be a mismatch of the position, which must be officially confirmed. Probably, a person will go to court to challenge the correctness of the decision. In order to defend your position, you need to have memos, acts confirming the violation of duties.
If the trial period is over, the person is still working, it is believed that he successfully passed the trial period. No additional official papers are required.
Oh sad
Sometimes the employer is forced to figure out how to fire the deceased employee. On the day of receiving information about the death of a person, it is necessary to add to the time sheet the fact of the absence of a person hired at the workplace, write a memo on the absence of a person. Then, the employer must request a copy of the death certificate, on the basis of which issues the order of dismissal. In order to receive a document, you can send an application to the local authority holding such a document.