Advice 1: How to dismiss not to reduce

Dismissal - the procedure unpleasant. The employee feel bad about themselves and need to look for a new job, and the employer fears that the offended employee will return to the labour Inspectorate and prove that you fired him illegally. With that often face employers who fire workers for not reducing. Therefore, in dismissing the employee, it is important to comply with the law.
How to dismiss not to reduce
The easiest and common way to dismiss the employee - to agree with him. Thus, he dismissed at his own request or agreement of the parties, having the calculation. If the employee knows that poorly corresponds to the position or not too hold this place, as a rule, what happens.
To dismiss an employee on the initiative of the employer, but not to reduce sides a bit more complicated. According to the law the main reason to dismiss the employee, the employer can be the following:
1. the discrepancy of the worker of a post owing to his lack of qualifications, which must be confirmed with results of certification.
2. repeated failure to perform employment duties without a valid reason if the employee to disciplinary action.
3. gross violation of labour duties (the appearance in a state of intoxication, etc.).
The labour code has other reasons, however, as a rule, they are rare (for example, the use by the employee of false documents).
The main way to legally dismiss an employee who does not cope with work responsibilities, although observe discipline, the certification of employees to identify qualifications for the position. Attestation is required for all employees with the exception of pregnant women, pensioners, and those who have worked in their positions for less than a year. For attestation, the attestation Commission is formed, consisting generally of employees of service of the staff and management of the company, and, if necessary, other specialists, psychologists, etc. System certification and all the documents, developing the company itself (usually service personnel).
On the basis of certification for each employee issued the relevant documents, which set the results of the assessment. The employer shall inform employees of the results of certification. If the employer concludes that the employee is not qualified, he has the right to fire him, tentatively offering him to move to that position which it would fit.
As for other mentioned reasons for dismissing an employee (for example, coming to work drunk), then any such fact must be documented In the case of appearance at work drunk, you must have the results of a medical examination confirming this fact.

Advice 2 : How to make a reduction in employee

According to paragraph 2 of article 81 of the labour code, the employer has the right to terminate the employment contract with the employee in the event of downsizing of the state. When exercising this procedure, you must properly execute all documents.
How to make a reduction in employee
First of all you need to order the establishment of a Commission on which will rest the decision on the reduction of certain employees. This procedure is optional, but desirable. On the basis of the decision issued by the Protocol. This document lists specific positions and employees who shall be subject to reduction.
Make a list of redundant positions and employees. Publish the order on reduction of staff. This procedure should be carried out 2 months before the intended dismissal. It should be noted that the order, despite the early date of the compilation, shall be enforced from the date of signing of order of dismissal of workers.
Warn the employee about the upcoming reduction. This must be done 2 months before the termination of the contract. To do this, write him a letter. He should write a receipt that he is aware of the situation. One copy of emails Express yourself (signature of the employee), the second give to the employee. If he does not agree with the reduction, will make the act of refusal of the employee to become familiar with the letter.
If possible, offer is terminated to take another position. In case of refusal, he must a letter write "from vacancies refuse." If no vacancies, you should send the employee a notice about this.
A few months prior to the entry of an order in force shall notify the employment centre and an elected trade Union body. To do this, write a letter to their address, provide a copy of the Protocol issued by the Commission, as well as letters and orders.
Issue an order of dismissal of the employee. Give the document to him for review. Make the entry in the work book, based on paragraph 2 of article 81 of the LC RF. Apply for a personal card. Will pay severance compensation to the reduced employee.

Advice 3 : What entry should be in the workbook when downsizing

To optimize the number of posts of employees of the company, there is a perfectly legal tool – dismissal on grounds of redundancy. But to terminate the contract on this basis can be quite problematic. In addition, with the reduction of the employee should ensure that in its employment the book the inscription was done correctly.
What entry should be in the workbook when downsizing
If the decision on reduction of number of workers, the head of the organization should issue a relevant order. It should be the date of the reduction – in procedure it is a starting point from which will depend on many related aspects, for example, the period during which employees must be notified of dismissal.

How is dismissal for redundancy

The main stages of the redundancy procedure are as follows:
- issued an order on the reduction;
workers shall be notified of the reduction, they take out the proposal to other available work;
- conducted notification of the trade Union and the employment service;
- the dismissal of employees.

When the order is ready and published, subject to reduction of staff must inform 2 months before the aforesaid in the order of date. At the end of the redundancy procedure should be issued orders of dismissal of employees. In the column "basis" it is necessary to refer to the order on the implementation of measures to reduce, on a notification. Also, if available, should be given details of documents which the employee agreed to the termination of the employment contract before expiry of the notice period.

What should be the entry in the labor book of the employee at dismissal on reduction

In the labor book of the employee the record of the dismissal is done in a certain order. First, in the column under the number 1 bears the sequence number of the entry in the second column should indicate the date of termination. In the third column records the reason for the dismissal, the fourth the name of the document, based on which was inscribed this record, that is, the order of the employer or other form of decision, date and number of the document.

It should be borne in mind that the date of dismissal should be considered the last working day, except cases when the employment contract, Federal law or agreement between the employee and the employer establishes otherwise.

When entering records in the work book, we must remember that it must exactly match the wording of the labour code, which is spelled out in the order. Therefore, before recording it is necessary to know exactly for what reason is the dismissal. Sometimes the staff reduction and downsizing mistaken for one and the same.

The entry in the workbook should look something like this: "laid-off staff of the organization, paragraph 2 of part 1 of article 81 TK the Russian Federation."
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