Termination of the employment contract on the initiative of the employer: we comply with the law!

Laws change every day. This became especially noticeable in the relatively new Labor Code of the Russian Federation. If earlier it was difficult to dismiss an employee, but it is possible, now the court practice shows that the cases of violated rights of employees in connection with their illegal dismissal end in 90% of cases in favor of the employee. Termination of the employment contract at the initiative of the employer as a managerial decision began to frighten not so much the workers as the employers themselves.

Such a high percentage is quite understandable. Firstly, and, unfortunately, most employers and their subordinates in the personnel department with the dismissal of an employee make a lot of mistakes, do not observe the only possible procedure for dismissal under the Labor Code.

Termination of the employment contract on the initiativethe employer is possible only after repeated (at least 2) disciplinary violations. For each violation must be reprimanded (document the fact of violation, give a signature to the employee, acquaint).

Or dismissal due to non-compliancepositions. To do this, it is necessary to conduct certification of the employee, which will show his insufficient level of skills. This is the main thing that employers should know, but there are a lot of details ... In the Labor Code, 81 articles "describe" all possible reasons for termination of the contract with the employee on the initiative of the management.

Second, to prove that the dissolution of the laborcontract on the initiative of the employer occurred on the basis of good reasons and with the observance of the law - this burden lies in the court of the employer. Most reasons for dismissal are not sound enough (in official papers it is difficult to express colorlessly the entire disorder of an employee), and therefore it is practically impossible to prove the justification for dismissal (even if all requirements to the order of dismissal by law are observed).

Offended former employees became bolder: before, most people were afraid to defend their rights. Yes, there, they simply did not know about them, but now almost everyone dismissed immediately goes to court, even if he knows perfectly well that he can not be called an ideal worker.

In the current situation,get rid of employees who are openly unsuitable for the position they occupy, such as those who violate work discipline in a company where it is very important, or for which they have to redo everything themselves. It happens that one person combines both of these qualities, unacceptable for a good employee.

What legal way did employers find to avoidfall into this situation? The recruitment of a new employee with a probationary period is not suitable, you can dismiss at any time, until the test period has not expired. Termination of an employment contract on probation also requires consideration of many nuances, observance of the norms of the law. For example, before you dismiss an employee, it must be notified three days before the termination of the contract. It is necessary to clearly formulate in the order the reasons for dismissal, why the employee did not pass the test. Otherwise, again - litigation, compensation for harm, the restoration of a negligent employee in office ...

There is another option - an urgent labor contract,True, it is not suitable for all posts (only with the short-term character of the upcoming works). The termination of the contract on the initiative of the employer in this case is not necessary. An employment contract is considered terminated after the expiry of the term for which it is concluded, of a short period that suits the employer (it is able to assess the employee's compliance with the job), and the employee for some reasons (temporary work is needed). At the request of the parties after the termination of the fixed-term contract, you can enter into a normal employment contract and already work peacefully with the suitable employee, without making plans for his dismissal.

Termination of the employment contract on the initiativethe employer, despite all the difficulties, is still quite feasible, only it is necessary to carry out dismissal in accordance with the law and be ready to prove his case in court.