How to properly dismiss employees: types of dismissal, legal requirements

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

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 formalize the process correctly so that there are no questions from government authorities. There are a lot of reasons and reasons for dismissal, and even the best employee may decide to leave the company or circumstances arise in which the employer considers it necessary to dismiss him. To make everything go as smoothly as possible, you need to take a responsible attitude to paperwork, as well as ethically approach the very process of dismissal.

Relevance of the issue

In the life of any leader, there were such employees with whom they did not want to say goodbye, but for various reasons people decided to quit. Of course, there is always a person in the company who is expected to file 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 needtake the procedures responsibly so that you do not encounter problems related to them in the future.

It's extremely rare these days for someone to be able to work in one company long enough to retire. If this happens, the situation will immediately be on everyone's lips. In practice, most often people leave of their own free will or the parties to an employment agreement enter into a mutually beneficial agreement.

Will and law

Most often, the employer has to figure out how to properly dismiss an employee of their 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 offers to leave the place. As experienced entrepreneurs say, most often this is how you have to part with the best employees. However, you should be prepared for this from the very beginning - you cannot force a person to work for the benefit of the company all his life. On the other hand, as many experienced employees note, often the reason for dismissal is the inadequate response of the enterprise and its management to human problems.

If the analysis of the work of the unit shows increased turnover, you should take a closer look at what is happening. Probably, the working conditions here are quite bad. Perhaps the reason is the local manager, who is too strict with the workers. To determine what is the reason, it is necessary to talk with everyone who wants to leave the workplace. Usually people are prettyopenly talk about their problems and difficulties. You can’t let a person go without specifying why he decided to leave the position.

I don't want to, but I have to

It happens that you have to figure out how to properly dismiss employees who have filed an application for refusal of a job, while the situation has developed due to pressure from the employer. The head of the enterprise may strongly advise a person to resign from the position, to leave the enterprise. 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 a free life on his own. On the one hand, there will be no entries in the work book that can ruin the reputation, at the same time the person retains his reputation in front of colleagues and is not so offended by the very fact of dismissal.

Another case when an employee probably does not want to leave the workplace, but the manager is interested in this - crossing the border of retirement age. If the career has come to a logical end, the time has come for a person to retire, retirement is possible. As a rule, it is advised not to delay such enterprises with this to their staff, where the issue of saving finances is very acute. Younger staff need to be paid less, so retirees are encouraged to apply as early as possible to renew recruitment. If you ask an experienced entrepreneur how to properly dismiss employees who are retiring, he will probably answer that a process should be formalizedsolemnly. Usually they arrange a small corporate holiday, and the retiring person is given a nice gift - a diploma, a plaque or more useful items, for example, a watch.

Don't want to, but have to

The situation is much more complicated if you have to figure out how to properly dismiss an employee under an article so that the case looks ethical and, if possible, less conflicting. Even if both parties agree with the procedure, it is difficult for all participants in the employment relationship, but the forced separation from the staff is an additional pile of problems. To minimize discomfort, you can try framing the farewell to the person as a downsizing.

The reduction is said if the company decides to abandon part of the hired workers due to monetary considerations. So, if you had to terminate contracts important for the work of the company, profits decreased, and in order to maintain your efficiency, you have to reduce expenses, including wages. One way to solve the problem is to fire the redundant employee. How to properly explain to a person, they decide, focusing on the policy of reductions adopted in the company. Many in this situation are the first to release the last hired people. For others, the first candidates are those who work irresponsibly, violate the standards. It is noted that with the normalization and stabilization of the financial situation, many are happy to take the former staff back to work.

This is interesting

Because the problem of howcorrectly dismissing employees, how to ethically part with the staff, has been relevant for our civilization for a long time, in the history of law in different countries you can find curious standards. For example, in 1884 in Tennessee, it was decided to introduce the possibility of removing an employee from a position at will. As stated in the decision of the court, the owner of the enterprise can dismiss the employee, with or without a reason for this, if the contract does not directly prohibit the operation. About a hundred years have passed, and local laws, trade union agreements have significantly curtailed the opportunities of 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 in the workplace.

These days, many employers still don't have to worry about how to refuse the services of an employee: in some powers, the rule of dismissal at will is still valid. The company sometimes already at the stage of employment informs the employee about such an opportunity. When planning to go to work abroad, it is worth taking a closer look at local laws so as not to find yourself in an awkward and uncomfortable situation of suddenly losing your position.

Does it match?

Sometimes you have to figure out how to properly dismiss an employee at the initiative of the employer, if a person does not correspond to the work that he was entrusted to perform, the accepted standards do not fit. In order for the dismissal to become possible, the employee must commit a serious misconduct, for which the law prescribes the possibility of his exclusion withenterprises. You need to be as careful as possible when working with people. Even in the case when there are all reasons 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 the majority of cases, decide in favor of the dismissed person.

There are also reasons why you have to figure out how to correctly calculate the dismissed employee, which the offenders themselves recognize as a fair reason for parting with work. Some violations by the laws of the state are regarded as so fundamental that it is forbidden to punish them with reprimands and warnings - the manager is obliged to dismiss the employee. This develops if a person insults other employees with words, if he shows incompetence in a position, steals or appears at work drunk, disobeys the orders of the manager and resorts to physical violence. A valid reason for dismissal would be falsification of information or documentation.

Causes and consequences

Sometimes you have to figure out how to properly dismiss an employee at the initiative of the employer, if the hired person treats others incorrectly, curses other people and tries to offend them, finds fault with their activities. Every modern person is provided by laws with the right to work in conditions where he is not offended. Insults are a significant blow to the image of an enterprise, especially if the customer or partner becomes the object. First, the manager must warn the person that he can be fired, and if this is nothelped, you can safely dismiss the employee from office. If the person is not fired, the offended may file a lawsuit, including against the employer.

Sometimes an incompetent worker is given the opportunity to leave peacefully, suggesting, albeit not entirely correctly, that the employee be fired to reduce staff. If a person does not agree with such a compromise, he can be fired by force. The employer receives such a right if the hired person does not want to study, clearly does not correspond to the position for which he was hired, and no attempts to help help.

Discipline is everything

The current legislation details the current procedure for how to properly dismiss an employee for absenteeism. Undoubtedly, the company can flourish only when all the people hired without exception are responsible for their tasks and solve them on time. If a person is late, does not go out on a working day, this 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 a dismissal order is issued.

Another discipline issue that can be a valid reason for dismissal is refusal to obey management. If the employee does not want to fulfill the obligations specified in the employment agreement concluded with him, you can dismiss him immediately, without warning of such a measure. Some employers approve if workers ask questions about instructions,received from the authorities, but in any case they are waiting for 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 the subordinate and boss, and no one should endure such a situation.

All according to the law

Sometimes an employer can forgive a violation of discipline and will not figure out how to fire an employee for absenteeism, deciding to get by with a remark or a reprimand, but if a person is physically aggressive towards others, you can’t leave him at work. Any threats, violence on the part of a person 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 some external threat, no one will give himself to work completely. If someone begins to threaten others, the boss must immediately call law enforcement agencies or local security, draw up an act on what happened and, on its basis, issue an order for dismissal. The workplace does not allow violence or even threats of such. One who does not realize this cannot work on a par with others.

An equally unforgivable act is stealing. A person may try to steal company property or other people's belongings. In any case, the behavior is considered unacceptable and is grounds for immediate dismissal. No warning is required. If there is direct evidence of guilt, the commanding staff may dismiss the employee, and he will not have the rightgo to court, complaining of unfair treatment.

Be in the know

One of the basic rules that allow you to correctly dismiss an employee for downsizing, non-compliance and a number of other reasons that do not require instant issuance of an order is to warn staff about what is happening. The fulfillment of formalities allows excluding claims from the hired people, with whom it was decided to part. If the entrepreneur neglects this need, the dismissed person can apply to the labor inspectorate or the court, where he is recognized as right.

One of the basic rules for working with personnel in a domestic enterprise is documenting every step. If the reason for dismissal becomes a low level of performance, it is necessary to have official records that would confirm this. The fact of theft is revealed - there must be written evidence of the fairness of the decision. Dismissal is a procedure in which there are no unnecessary documents. The more often an enterprise is forced to take extreme measures, the more dissatisfied there will be, who want to find a loophole and prove that they were wronged unfairly. And if you have to figure out how to properly dismiss an employee who is on vacation, then you can’t neglect official papers at all - otherwise the person will later say that he was fired without warning or reason, which the company has no right to do.

About design

The current rules for organizing document management at the federal level establish what documentation must be generated by cooperating with staff, how to maintain it correctly, how to staple it correctlypersonal files of dismissed employees (to archive, where to store in alphabetical order, without special fastening). A general procedure for terminating an employment agreement has been introduced - it does not depend on the reasons for terminating the agreement.

In order to properly issue the dismissal, it is necessary to draw up an order about this 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 draw up an order, a standard form is used, but you can draw up a document arbitrarily. In any case, it is imperative that the employee familiarize himself with the document, confirming this fact with his signature.

Features of the situation

The duty of the manager is to issue the work book to the employee on the day of dismissal, all the due amounts of money and benefits, regulated by the previously concluded agreement, as well as the contract signed by the entire team. An employee may refuse to receive a work book, in which case an act must be drawn up. If a person did not come on the day of dismissal, all amounts must be provided the next day after the demand to pay off the person. On the day of dismissal, a letter is sent by mail, in which they inform that it is necessary to pick up the work book. It can be sent by mail only if the employee agrees to this in writing. If a person wants, they give him a certificate in which they fix where and by whom he worked, how much he received. If desire becomes the reasonemployer, the person should receive a copy of the order about what happened.

If a person is not given a book on time, if the final payment is late, the company is obliged to pay average earnings for the entire period of delay.

Design features

If the reason for the dismissal is the desire of the hired person, the person must issue an application in writing. No other evidence of his desire to be released from the workplace is not accepted. It is necessary to notify the employer of plans to leave work two weeks before this event. The first day of the term is the next after the application is written, and the last day is the one when the fact of dismissal is formalized.

The task of the employer is to terminate the agreement within the time specified by the employee if the reason for the request was an important reason. This is considered a move, admission to study, transfer of a spouse to another locality, the inability to live in a particular area, confirmed by a doctor's certificate. The reason for filing an application may be pregnancy or the need to care for a young child or a disabled person. You can issue a request to be fired if a person retires or has received a new job under a competitive program. In some cases, other reasons are also considered valid.

Subtleties of the process

The laws stipulate that it is the responsibility of the employee to inform the employer about it two weeks before leaving his place of work. The laws do not mention the need to work all this time, as expected. Tofor example, often the employer has to figure out how to properly dismiss an employee after a vacation, since a person fills out an application and goes on a well-deserved vacation for these two weeks, if he is en titled to one. In addition, a person can go on sick leave. In a word, any solid reason is a reason not to appear at the workplace for the last two weeks, while the employer will not have the right to reproach the employee for this.

If there is a desire to go on vacation before dismissal, this is prescribed in the application: they ask for leave with subsequent release from the workplace. On the day of dismissal, the employee has the right to receive money for all days spent on sick leave.

Will I, can I

It also happens that a person who has filed a letter of resignation simply does not go to work without having good reasons for this. This counts as absenteeism.

Sometimes the situation is such that a person wants to leave his job, but the company is not interested in this, so two weeks after receiving the application does not issue an appropriate order. The laws stipulate the right of a person to no longer go to work. This cannot be counted as absenteeism if the personnel department has recorded a previously written statement. It is highly likely that the labor dispute will be resolved in court, but the company will be forced to fire the person.

Failed

Sometimes an employer has to figure out how to properly fire an employee on probation. The reason for dismissal is considered to be inconsistency with the position, which must be officially confirmed. Probably, the person will go to court to challenge the correctness of the decision. To defend your position, you need to have memos, acts confirming the fact of violation of duties.

If the probationary period is over, the person is still working, it is considered that he has successfully passed the probationary period. There is no need to issue any additional official papers.

About the sad

Sometimes an employer has to figure out the right way to fire a deceased employee. On the day of receipt of information about the death of a person, it is necessary to enter in the report card the fact of the absence of the employee at the workplace, write a memorandum on the absence of a person. The employer must then request a copy of the death certificate, on the basis of which it issues the dismissal order. To obtain a document, you can send an application to the local authority that has such a document.