Advice 1: How to get fired for rudeness

Tactless communication with important clients, scandals with colleagues and simply rudeness in response to fair comment – whether the right of the head based on this to dismiss the employee? The relevant article of the Labour Code no. However, the rude employee is clearly in violation of labor discipline that falls under one of the articles of this document. So the dismissal was not challenged in court, the entire procedure should be undertaken correctly, arrange all the necessary documents.
How to get fired for rudeness
Instruction
1
If the case of abuse, obscene insults and other manifestations of boorish behavior recorded for the first time, enough to make the guilty employee is simply the suggestion in oral form. It is desirable that the observance of the norms of business ethics were recorded in the employment contract, and signed by the employee. If the employment contract with the employee is concluded immediately correct this omission.
2
Repeated rudeness requires more serious interventions. Try to get written confirmation of the offense. The entry made by the buyer or client in the complaints book, or a memo line Manager is grounds for imposing disciplinary sanctions for violation of labor regulations (article 81 of the Labour code).
3
Demand a letter of explanation from the guilty employee. If he refuses to write it, make the act of refusal and reassure him by the signatures of two employees. On the basis of written evidence proving the offence, make an order for the reprimand and inform him guilty under the signature.
4
The letter of reprimand to specify what damage the company has caused incorrect behavior of the employee. Violation of the working discipline, the failure of the meeting or training, the loss of an important customer or contract, damage to the image of the company – all this may be due to the boorish behavior of the employee.
5
Don't forget about the Statute of limitations. To declare a collection you need not later than one month after discovery of the offense. If the employee is on vacation or sick leave, this period is extended, but not more than six months.
6
If you are not satisfied with the conduct of the employee, and you've decided to fire him, pay close attention to his behavior. Control it via the line Manager or partner. An employee with disciplinary action, it is much more vulnerable. Now it can be dismissed even for a few delays – especially if you manage to prove that these offenses affect workflow.
7
Repeated rudeness is even more serious violation. If you find it, declare the employee another reprimand. Two or three relapse can be a valid reason for dismissal on the grounds of repeated violation of labor discipline.
Note
Be careful – if you violate the procedure of dismissal, the former employee can file a lawsuit. It is possible that he will win. Keep in mind that the guilty employee cannot be punished twice. That is, declaring him a reprimand, you can't deprive him of the award, or dismiss.

Advice 2: How to dismiss for lack

For the shortage can be dismissed the person in charge under article No. 81 of the LC RF item No. 7 as for loss of confidence. To execute all necessary documented correctly so that in the case of the employee to the labour Inspectorate or to the court no problems and the employer was forced to restore dismissed in the workplace and to compensate for the downtime. Additionally, if not properly designed discharge for the shortage , the employer can impose a large administrative fine.
How to dismiss for lack
You will need
  • -the act of checking values
  • -act discovered short
  • -the act of checking the apparatus
  • -a document on penalty of reprimand, punishment
  • -explanatory
  • -order of dismissal under article No. 81 of the LC RF
Instruction
1
To dismiss for lack of article for loss of confidence only persons who are directly entrusted with private or shared financial responsibility and signed all the documents about her.
2
After verification of material values and cash and in case of detection of shortfall need to draw up a statement of shortage with a detailed description of the shortage. The act of detection of shortage must be signed by the Commission which conducted the test, the Director, chief accountant and financially responsible person.
3
The head of the enterprise must be a document stating the penalty and the punishment imposed for committing a shortage, and submit it under the personal signature of financially responsible person.
4
Financially responsible person in relation to whom the fact short, should write a detailed explanation of this fact. If the explanation indicated that the shortage was caused by malfunctioning equipment part which was taken and released material values, such as weights, to produce an additional check. To check need to involve representatives of the organization with which the contract was made for maintenance of these devices.
5
After verifying its results is compiled further act on the results of the inspection and signed by all representatives of the Commission for the verification of instruments and financially responsible.
6
To dismiss for lack only in case of proved fault financially responsible person for committing short. If dormitory liability for material values, such as the brigade, each team members presented a separate penalty for committing a shortage and the evidence of the wine in her crime scene.
7
After all completed audits properly executed documents the results of these inspections, the employer may unilaterally terminate an employment contract under article No. 81, item 7 – for loss of confidence.

Advice 3: How to fire an employee if he was gone

Often found situation that the employee, for unknown reasons, disappears and does not appear in the workplace. Naturally, the company's management makes the decision on his dismissal, but the missing of the organization's employees can't be fired until you find out the reason for his absence or he will not come into the firm, which is decorated in accordance with the labor laws.
How to fire an employee if he was gone
You will need
  • Forms of the relevant documents, the seal of the enterprise, the labour code, handle.
Instruction
1
The sheet of accounting of working time, HR note the absence of the missing worker and put "NN". To pay for days of absence in the workplace the company is not required.
2
Employees of the personnel Department should write a letter of request stating the reason why the missing employee absent from the workplace. To send such a letter is necessary at the place of residence of the expert. If the address at which he can live and that indicated in the employment contract, a few letters of the content heading for each of them every two weeks.
3
If within six months none of them delivered, in the journal of incoming correspondence employees of the personnel Department make notes, then make up the statement about impossibility of receiving letters in the absence of the employee at the addresses of the place of residence.
4
The head of the company writes a statement about the loss of this specialist police at the location of the organization. The police in turn must issue a notice of registration of this statement. The document is attached to the personal file of the missing personnel officers of the enterprise.
5
If after one year the employee never showed up, the Director of the company should write a statement on the recognition of the employee of missing persons and to submit it to the court. The statement must make the statement about impossibility of receiving letters with requests by the addressee, the notification of registration from the police, a copy of the employment contract with the missing and the order about the reception of his work.
6
After the staff of the arbitration court will pass the decision, the head of the organization issues an order to dismiss the employeeand HR records in the workbook missing dismissal, based on judicial decision.
7
A bookkeeping business produce accrual for unused vacation and actual hours worked. Money and employment history stored in the archive of the company's demand for 75 years.

Advice 4: How to fire after the hospital

The company may be a situation when you need to dismiss an employee who is currently ill or has just shut down a hospital. How to dismiss after a hospital employee without violating the labour code?
How to fire after the hospital
Instruction
1
If the employee gave you earlier the letter of resignation at own will, wait for the closure of the employee's sick leave, to make sure that the employee has not changed a decision to dismiss.
2
Fire the employee the next day after the end of the disease, this date will be considered the last working day
3
Make an entry in the workbook and in the personal card T-2. Provide the dismissed employee, an order for review.
4
Will pay retired employee all the required compensation law (including for the period of his disability under sick leave). You can dismiss an employee, who is on sick leave, after submitting the application on their own, in case he was set non-working group of disability.
5
Issue an order of dismissal of the employee. The termination date designated in the order shall be 15 days from the date of submission of the application. Make an entry in the workbook and in the personal card of the employee.
6
Send the employee a registered letter invitation on behalf of the personnel Department, so that he got acquainted with the order of dismissal and received a workbook.
7
Give him with adequate compensation and payments and fully pay sick leave until the day of disability.
8
Fire at own request of employee who is on sick leave, if the company has already taken on this workstation to transfer from another institution.
9
Issue an order of dismissal of an employee under article 80 (on their own). Make the appropriate entries in the workbook and in the personal card. Send the dismissed employee a registered letter with the notification in which to indicate the number of order of dismissal and invite it to review the order and receive the work book and the final settlement.
10
Give the work-book, become familiar with the order and to pay all compensation and fully paid sick leave.

Advice 5: How to stop the rudeness

Unfortunately, rudeness is a very common phenomenon. Negative characteristics of his own person, heard even from the lips of a complete stranger can ruin the mood for the whole day. Therefore, you must know how to communicate with boors.

How to stop the rudeness
Instruction
1
Don't raise your voice. The best way to provoke Hama and to amuse the audience — go to higher tones, and to join in the fray. Trying to humiliate and insult the aggressor to provoke you into a response, because to control such a "conversation" it is much easier than constructive conversation. Supporting set the tone, you may be able to defend their own point of view, but look in the eyes of others (and in private) will not be the best way.
2
Be polite. Instead of having to stoop to the level of the interlocutor, cool the ardor of his own tact. After all, the tendency to criticize everything and everyone, and also to notice other people's mistakes and shortcomings — a lot of insecure people who are not satisfied with their lives. Instead of shouting or, even worse, to make excuses in response, listen to the tirade in silence. Then inform the instigator of the conflict, to continue the conversation in a similar tone, you're not going. First offer him to calm down and freshen up, and then back to the conversation.
3
Kidding. If humor is your strong suit, the answer to angry comments in a joking manner. Make him smile all the witnesses of the conflict. It is the most effective way to embarrass the provocateur. After all, trying to arrange "dismantlings", he tries to attract attention, obtain the approval of others and to assert themselves at your expense. Hardly ham expects good-natured laughter and condescending smiles. And to act as a local clown he won't like.
4
Ignore. Don't know how to fend off derogatory remarks sparkling humor? Learn to meet the attacks of indifferent silence. See the source directly in the nose — it's confusing. To maintain equanimity and peace of mind, imagine that between you and the aggressor is a transparent wall. Try to visualize it to the smallest detail, to imagine how the words of the interlocutor hitting this wall and fly back. Another popular technique: mentally pour on the head of a boor a bucket of water or think of him... naked. Therefore, you are not simply abstract from unpleasant situations, but also will cheer up.

Advice 6: How to get fired for being late

According to the Labour Code of the Russian Federation, one late employee can't be dismissed. However, for competent personnel to get rid of an employee, negligent related to the mode of the day, not so difficult. To do this, just carefully look at the Labour Code.
How to get fired for being late
Instruction
1
In the internal regulations of your company, write the beginning and the end of the day. Familiarize all employees with a document under the painting. Late employee show article 21 of the labour code, which establishes his responsibility to comply with work rules.
2
If your employee still continued to disturb your work schedule, fix it the delay in the Sheet of accounting of working time, and then create a disciplinary Commission and draw up an act about being late. Require latecomers employee an explanation in writing (which he must submit no later than two business days).
3
Get an explanation and read it. If the cause of delay is serious, the explanation must be accompanied by proof (e.g. certificate of illness from the hospital, a certificate of the accident from traffic police). If the reason is frivolous, or explanation within two days you have not received, constitutes an act of summary punishment application to your employee. If this is the first recorded violation of the employee - use a written comment, and when it is already a reprimand.
4
Now to wait until the last delay and fire the employee. To do this, take the order on the application to the employee of the disciplinary sanction of dismissal (i.e. the order on application of disciplinary measures and the dismissal order). Familiarize your staff with these orders under the signature or record about the impossibility or refusal in acquaintance.
5
The reasons for the termination of the employment contract in the workbook, specify by part 5 of article 81 TK the Russian Federation's repeated failure by employee without good reason, job duties if it has disciplinary punishment. The order of dismissal attach photocopies issued to the employee comments and reprimands (the original save in case of litigation).
6
Then note the changes to the personal card, and staffing. On the day of dismissal, grant the employee the work book.
Note
Violation of the schedule of the day at least 2 minutes if it is recorded in writing, is a basis for disciplinary action.

Disciplinary action must conform to the fault of the employee, for example, the first delay is applied not reprimanded, but only a remark. For the second - to the existing comment, you can add a reprimand.

Advice 7: Is it possible to dismiss on reduction of the disabled person of 3 groups

Disabled regardless of the group have the same rights as other workers. At the same time they have certain benefits and special working conditions. Disability of the 3rd group involves moderately expressed restriction to a certain area of life. Speaking about the reduction, it is worth noting that in this matter the panel has no special meaning.
Is it possible to dismiss on reduction of the disabled person of 3 groups

The reduction of the disability



At the 83rd article of the Labour Code the employer may dismiss a disabled person in case of inability to work for medical examination.
Rights of persons with disabilities are protected by the Federal law №181-FZ "About social protection of invalids in the Russian Federation" dated 24.11.1995 G. Labor relations of employers and employees, including persons with disabilities, are regulated by the Labour Code of the Russian Federation.

In other cases, the employer must provide the employee with a disability, those working conditions, which must be consistent with the IRP. If the employee admits disabled during the work, and the user is unable to create meeting the requirements of the conditions it is obliged to offer another job that will match the health condition of the employee. If such work is not available or the employee does not agree to another vacancy, the employer has the full right to terminate the employment contract.
IRP - individual rehabilitation programme that is issued to the disabled with certificate of disability. Includes a list of measures aimed at recovery and compensation of lost body functions.


The reduction on a General basis



With the reduction of regular workers, the dismissal of disabled persons is performed in the usual manner. For 261-th article of the Labor Code employers are prohibited to reduce:
- pregnant women;
women raising children till 3 years;
- women who are single mothers raising children under 14 years of age or a disabled child up to 18 years.

In article 179 of the Labor code of the specified category of workers who have the highest priority in the selection of employees who will remain in the state after reduction. In this category are:
- employees with the highest labor productivity;
- employees with the highest qualifications.

Under the same conditions, namely the performance and qualifications, the right of priority to leaving the workplace have the following staff:
- family workers containing two or more dependants;
- persons in the family where no other workers are having their earnings;
- persons with disabilities in the organization due to an accident or acquired an occupational disease;
with disabilities-participants of the great Patriotic War;
with disabilities who received a group when participating in military actions for the defense of the Fatherland;
- the employees qualification without discontinuing work;
- other employees specified in Federal laws.

From the above list that with the reduction of state employee with a disability can be dismissed along with other employees, unless it refers to a certain category of employees and has the same productivity and qualifications.
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