How to dismiss the Labor code

Judicial practice shows that most disputes between employer and employee occurs when the last dismissal at the initiative of employers. In order to avoid any misunderstandings in the process of termination of the employment contract, both parties should know their rights and responsibilities.

The question of how to dismiss the employee according to the labour code, raised by many employers. First of all, you must notify the employee of the impending dismissal not later than two months. A warning should be issued by the head, in which the worker must necessarily put his signature.

According to the first paragraph of article 40 of the Labor code an employee can be dismissed in connection with changes in the organization of production and labor. However, in the event of a reorganization or liquidation of an enterprise, the employer must offer the employee another job in the same company. If this is not possible, the employee must resign and seek employment on their own. Similarly, the employer has the right to deal with the reduction in staff.

If unscrupulous employee performs their duties, it can also be fired in accordance with the third paragraph of article 40 of the Labor code. In order to more civilized to dismiss an employee for such a reason, you should hold the certification in the company. The result will be revealed that the employee is not sufficiently qualified to perform work duties. If the employee does not match the position for health reasons, must be received by the conclusion of medical social expert Commission. No conclusion to dismiss the employee for this reason will not work.

The employment contract spells out the duties of the employee, he has to perform. In the event of systematic failure to comply with these obligations, the employer is entitled to dismiss the employee. Only must present documentary evidence of such behaviour of the employee. For example, the presence of a warning in written form already gives the employer at subsequent dismissal.

If the employee more than three hours absent from work without valid reasons, it can be fired according to the fourth paragraph of article 40 of the Labor code. Also absenteeism is the absenteeism without any reason. According to the sixth paragraph of article 40 of the Labor code, the employer can dismiss the employee for failing to appear for work for four months in a row. Of course, this does not apply to maternity leave.

The employment agreement may be terminated in the event of theft of the property of the owner of a specific employee. This is the eighth paragraph of Article 40 of the Labor code. An employee can be dismissed after the entry into force of the court judgment or the adoption of the resolution on imposing administrative liability.

If the employee has made in the enterprise financial fraud with the aim of personal gain, it can be freed from the performance of employment duties for the perpetrators actions. It is provided in the second paragraph of article 41 of the labour code. By the way the reason for the termination of the employment contract is committing an immoral act. This is especially true of employees of educational institutions.