The laws change every day.This became especially noticeable in the relatively new Labor Code of the Russian Federation. If it was difficult to dismiss an employee before, but now judicial practice shows that cases of violations of employees' rights due to their illegal dismissal end up in 90% of cases in favor of an employee. The termination of the employment contract at the initiative of the employer as a management decision began to frighten not so much the employees as the employers themselves.
Such a high percentage is quite understandable.Firstly, and, unfortunately, the majority of employers and their subordinates in the personnel department make a lot of mistakes when dismissing an employee, do not follow the only possible order of dismissal under the Labor Code.
Termination of employment contract on the initiativeemployer is possible only after repeated (at least 2) disciplinary violations. For each violation must be reprimanded (to document the fact of the violation, to give the employee an under sign, to inform).
Or dismissal due to inconsistencyposts. To do this, it is necessary to carry out an employee certification, which will show his insufficient level of qualification. This is the main thing that employers should know, but there are still a lot of details ... In the Labor Code 81, the article "describes" all possible reasons for terminating an agreement with an employee on the initiative of management.
Secondly, to prove that the termination of laborThe contract at the initiative of the employer occurred for good reason and with the observance of the law - this burden in court lies with the employer. Most of the reasons for dismissal are not sufficiently sound (in official papers it is difficult to express colorfully the entire carelessness of an employee), therefore, it is almost impossible to prove the validity of dismissal (even if all the requirements for dismissal are met according to law).
Offended former employees have become bolder:before, most were afraid to defend their rights. Why, they simply did not know about them, and now almost every dismissed person immediately goes to court, even if he knows perfectly well that you cannot call him an ideal worker.
In this situation, it became quite difficultto get rid of workers who are frankly inappropriate for the position they hold, such as, for example, who violate labor discipline in a company where it is very important, or for whom you have to redo everything yourself. It happens that in one person both of these, unacceptable for a good employee, are combined.
Какой законный выход нашли работодатели, чтобы не fall into such a situation? Admission to work of a new employee with a probationary period is not appropriate, you can dismiss at any time until the probationary period has expired. The termination of an employment contract for a trial period also requires consideration of a variety of nuances, compliance with the norms of the law. For example, before you dismiss an employee, you need to notify him 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 - the trial, compensation for harm, the restoration of a negligent employee in the post ...
There is another option - fixed-term employment contract,however, it is not suitable for all posts (only with the short-term nature of the upcoming work). Termination of the contract at the initiative of the employer in this case is not necessary. The employment contract is considered terminated after the expiry of the term for which it is concluded, a short term that suits both the employer (he manages to evaluate the employee for compliance with the position) and the employee for some reason (temporary work is needed). At the request of the parties, after the termination of the fixed-term contract, you can enter into a regular employment contract and work in peace with the employee that suits you without making plans for his dismissal.
Termination of employment contract on the initiativethe employer, in spite of all the difficulties, is still a fully feasible measure, only it is necessary to carry out the dismissal in accordance with the law and be ready to prove his case in court.
