Advice 1: How to fire a caregiver

The contract of employment of kindergarten teacher can be terminated if the received the application on dismissal at own will and on the initiative of the administration in accordance with article 336 of the labour code for inappropriate types of education, for the use of mental or physical abuse of pupils or for truancy and repeated violations of labor discipline. Each type of dismissal must be properly designed.
How to fire a caregiver
You will need
  • - the statement;
  • order;
  • the act;
  • - the written punishment;
  • - a written explanation;
  • - office investigation.
For dismissal of the teacher on their own will receive a statement for 14 days. By agreement of the parties, you have the right to make the dismissal without working. If the teacher expressed a desire to quit while on probation, the application must be received no later than three days before the dismissal.
Day release will release the order, perform a full calculation with the employee paying the current salary, payments for vacation and other receivables, issue all documents and service book.
If you dismiss a caregiver under article No. 336, second paragraph which provides for the termination of employment unilaterally in inappropriate methods of education with the use of mental and physical abuse of kids, then you need to have good evidence and to conduct an internal investigation.
For the investigation, create a Commission from the administrative staff of the kindergarten, invite authorized representatives from district education Department, a report of violation of duties, take a written sentence. Then you will be able to terminate the employment contract with the caregiver unilaterally.
As evidence of a breach of duty, rude attitude towards children, violence, physical or psychological in nature you may consider the testimony of the witnesses, having joined them to act. Almost any children's facility has surveillance cameras, which shows the behavior of the teacher and his attitude to children. Often followed by dismissal under article No. 336 of the labour code should be a criminal investigation and the caregiver brought to administrative or criminal liability.
If an educator violates labor discipline, truant, late, comes to work in a condition of alcoholic or narcotic intoxication, you have the right to dismiss him on the basis of article No. 81 of the LC RF.
For termination of the contract unilaterally make the act of infringement, ask for an explanation of the offence in written form, take a written sentence, and place the order, pay the entire calculation, give the work book.

Advice 2: How to dismiss the Director on their own

Like all citizens, the Director has the right to dismissalunder article "At own request". Of course, the care in first person of the firm are complicated by certain legal requirements compared to treatment of ordinary employee. The Director shall inform the founders of the company about his desire to leave for a month, not 2 weeks. Dismissal, he may refer cases or constituent Council, or the new Director.
How to dismiss the Director on their own
If you are a Director, by law, have the right to convene shareholders General meeting whenever they deem it necessary. Difficult situations arise when they do not want to let you go. In this case the founders will just ignore your calls. To comply with all required formalities, you first send each founder separately certified letter of the impending convening of the meeting of founders with return receipt requested. Then send a registered letter to the same individuals his resignation. A possible scenario is that the founders will continue to ignore your appeal. So count calendar month of receipt all recipients of your letter. From this day on, you can just stop working.
It's easier to leave when a replacement Director. Then you just submit the case to its mate. The law does not require in fact making the act of describing the existing situation in the organization. Often not officially need to submit a list of all values, including the seals that go from you to another Manager. But it is recommended that you have taken care of the above documents. So to protect himself from claims that may arise on the part of the founders.
If you cannot find a replacement, we have the right to convene a General meeting. At the meeting decide how you are going to transfer. Take you can any of the founders, which will authorize the General meeting.
If you are faced with the problem that for a number of reasons to transfer to no one, you can use the services of a notary. You have several options of action. First, take documents for storage, you can on the inventory, or without it, and to make the values better in the notary's Deposit that the future could take them.
Perhaps the notary will want to question employees of the company, to inspect the premises. He needs to provide written evidence that employees knew about your intention to leave, you locked the safe with documents and values.

Advice 3: How to fire under for truancy

For a single gross violation of employee discipline – absenteeism – an employer may apply to the perpetrator of such severe punishment as dismissal of hard-hitting article. Absenteeism is the absence from work for more than 4 consecutive hours or for a full working day.
How to fire under for truancy
Find out the reasons of absence of the employee. If the offender discipline does not agree with the fact of dismissal, article "absenteeism", it may apply to the Commission for settlement of labor disputes. In cases where the case comes to court, the importance of the causes of truancy is a very strong argument in resolving the dispute. If the court finds the reasons of absence of the employee in the workplace respectfully, the employer will be obliged not only to restore dismissed in office, but to pay him the so-called "forced absence" - working days, calculated from the date of dismissal until the day of reinstatement.
In the case of a decision on termination of the employment contract with the employee prepare a set of documents for dismissal in the article "truancy":- an act of violation of employee labor discipline and the act of its rejection of the signature (if necessary);
- explanatory note by the employee commits absenteeism, failing that, the act of refusal to provide explanations;
- Memorandum of the immediate supervisor truant to the head of the entire organization to commit a violation of labor discipline with a detailed description of the incident;
- the order on application of disciplinary action to the employee commits absenteeism;
- order of dismissal under the relevant article.
Make a record about termination of the employment contract in a personal matter, a personal card T2 of a worker in a personal account. In the workbook, create the record "Fired for absenteeism, subparagraph "a" paragraph 6, part 1, article 81 of the Labour Code of the Russian Federation". Specify the number and date of order of dismissal.
Invite the employee into the service of the staff, the personnel Department or directly to the Director of the organization to review the text of the orders on the application of penalties and termination of the employment relationship. Failure of the employee to sign make it act in a free form.
Prominence in the hands of the dismissed employee's work record.

Advice 4: Can you get compensation when dismissal for health reasons?

In itself, this sad event like the loss of health, and with it the ability to perform their duties, often entails loss of employment if another position you can not offer or yourself of this option was refused. In the case when it happened, a little comfort you will be able under the law compensation. Their value depends on, civil you are a man or a soldier.
Can you get compensation when dismissal for health reasons?

If you are a civilian

Employers have the right to dismiss an employee if his health is no longer able to fulfill official duties. When you hold a conclusion of the medical examination, which stipulates the prohibition on the execution of your professional duties, your employer can offer you another job and sign a new employment contract. But if there are no other jobs that you could take or you do not want to work, you can terminate the employment contract on the basis of this conclusion.
Before you leave, check out the collective agreement of the company where you work. It may provide additional payments to workers forced to retire for health reasons.

In this case, the action takes PP. "and" article 81 of the Labor Code under which the employee retiring for health reasons, can count on severance pay in the amount of fortnight average earnings. In addition, in the case where you used part of your vacation in advance, the employer cannot deduct sums of money, issued in the form of holiday.
Please note that if you are dismissed in accordance with paragraph 8 of article 77 of the labour code, severance pay you are not supposed to.

Compensatory payments to servicemen

The question of compensation in case of dismissal for health reasons, mostly for military personnel. If the damage to your health had suffered during military service, you can count on a large amount than it is in the civil service. In this case, the Federal law "On military pay and provide them with separate payments" and Government decree "About payment to the military personnel of the award for diligent and effective performance of duties and annual material aid" №993 dated 05.12.2011 G.

In this case, you put:
- allowance on the date you have been excluded from personnel lists of a military unit;
- lump sum payment in the amount of two monthly salaries, if you have served less than 20 years, and at the rate of seven salaries if the total length of military service was 20 or more years;
- cash payments in the amount of one salary cash allowance, if you replaced the military post;
award for flawless execution of your official duties.

In addition, you can also get the money instead of clothing that was put to you that year when you quit. But for this you also need to have more than 20 years of military experience in a calendar year.

Advice 5: 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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