Laws are changing every day. This was especially noticeable in the relatively new Labor Code of the Russian Federation. If it was difficult to dismiss an employee before, but it is possible, now judicial practice shows that cases of violated rights of employees in connection with their illegal dismissal end in 90% of cases in favor of the employee. The termination of the employment contract at the initiative of the employer as a management decision began to scare not so much the workers as the employers themselves.
Such a high percentage is understandable. Firstly, and, unfortunately, the majority of employers and their subordinates in the personnel department make a lot of mistakes when dismissing an employee , they do not observe the only possible procedure for dismissal under the Labor Code.
Termination of the employment contract at the initiative of the employer is possible only after repeated (at least 2) disciplinary violations. For each violation, a reprimand must be made (to document the fact of the violation, to give to the employee a signature, to acquaint).
Or dismissal due to non-compliance with the position. For this, certification of the employee is required, which will show his insufficient level of qualification. This is the main thing that employers should know, but there is still a lot of details ... In the Labor Code 81, the article “describes” all possible reasons for terminating the contract with the employee on the initiative of management.
Secondly, to prove that the termination of the employment contract at the initiative of the employer occurred on the basis of good reasons and in compliance with the law - this burden in court lies with the employer. Most of the reasons for dismissal do not sound good enough (in official papers it is difficult to colorfully express the entire disorder of the employee), therefore, it is practically impossible to prove the validity of the dismissal (even if all the requirements for the dismissal procedure are met by law).
Offended former workers became bolder: earlier, most were afraid to defend their rights. Why, they simply didn’t know about them, and now almost every dismissed person immediately goes to court, even if she knows very well that you cannot call him an ideal employee.
In this situation, it became quite difficult to get rid of workers who are frankly unsuitable for the position they occupy, such as those who violate labor discipline in a company where it is very important, or who have to redo everything themselves. It happens that in one person both of these qualities are unacceptable for a good employee.
What is the legal solution employers have found in order not to fall into such a situation? Hiring a new employee with a probationary period is not suitable, you can be fired at any time until the probation period has expired. Termination of the employment contract for a trial period also requires taking into account many nuances, compliance with the law. For example, before you dismiss an employee, you need to inform him three days before the termination of the contract. It is necessary to clearly state in the order the reasons for dismissal why the employee did not pass the test. Otherwise, again - a trial, compensation for harm, the restoration of a negligent employee in the post ...
There is another option - a fixed-term employment contract, however, it is not suitable for all positions (only with the short-term nature of the work ahead). Termination of the contract at the initiative of the employer in this case is not necessary. An employment contract is considered terminated after the expiration of the period for which it was concluded, a short period, which suits both the employer (manages to evaluate the employee for compliance with the position) and the employee for some reasons (temporary work is needed). At the request of the parties, after termination of the fixed-term contract, you can conclude a regular labor contract and work calmly with the employee who is suitable for you, without making plans for his dismissal.
Termination of the employment contract at the initiative of the employer, despite all the difficulties, is still a feasible measure, you just need to dismiss in accordance with the law and be ready to prove your case in court.