It is impossible, by law, the dismissal of an employee who:
• is on sick leave;
• is on vacation.
• pregnant;
• women who are in holiday on care of the child;
• single moms raising children under fourteen years.
It is also not allowed dismissal of employees under the age of eighteen years.
To dismiss an employee for the discrepancy of the occupied posts, you first have to prove his inconsistency. To do this, swipe the certification officer.
Issue an order in the prescribed form of the attestation of the employee. The order must contain the dates of the attestation Commission.
On the basis of the order gives the employee a notice about passing them certification. The notice shall be given not later than two months before the onset of the certification Commission.
In evaluating refer to the qualification Handbook and the list of duties of the employee. In the composition of the certifying Committee will include the Chairman of the trade Union body of the enterprise.
If the results of the attestation Commission, the employee will be considered as occupying an inappropriate position, you have no right to dismiss it immediately. For a start, you should offer him the vacant position available in the enterprise. This can be a lower position or lower-paid.
In that case, if the employee refuses your proposed vacant positionsyou have the right to fire an employee. To do this you have to publish the order for dismissal in the prescribed form. Dismissed employee, be sure to familiarize yourself with the order under the painting. Day release will be considered the last day of the employee.
A copy of the order sent to the accounting Department of an enterprise for the calculation of all benefits payable to the employee in case of dismissal, including compensation for unused vacation. In the last working day of issue to the employee the work-book and perform final cash settlement.