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.
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