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: 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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