If the employer is not attentive, dismissing for non-fulfillment of official duties, the employee will be able to bring him to court. What do you need to pay attention to, and how to fire correctly?
If an employee repeatedly fails to fulfill his job duties, without having good reason for this, and has disciplinary penalties, this is a sufficient reason for dismissal. And the procedure in this case is as follows:
- It is necessary to write a memo, which lists the facts of violations, and provides a link to the violated document. It must be submitted to the head of the organization, and he will have to put a resolution on it. This note can be written by both the team of the guilty employee and his immediate supervisor - the head of the structural unit, as well as an employee of the personnel department.
- In the journal of registration of internal notes and submissions, this memorandum must be registered.
- Further, it is necessary to establish the fact of a violation of official duties, for which it is necessary to take into account such documents as: an employment contract, job description, internal regulations, etc.
- Then it is necessary to issue an order on the creation of a commission, which will establish the reasons for the violation of official duties, register this order in the register of orders for the main activity, and then familiarize all interested persons with it. Such persons are those employees who are mentioned in the order: they must put a signature and the date of familiarization at the bottom of the document.
- As soon as this is done, you will need to get an explanatory note from the offending employee. If the situation is completely conflicting, then a notice of giving such a note is issued in writing and against signature. Within 2 days (working days), a negligent employee is obliged to give this explanatory note.
- If he refuses or, after the expiration of the term, does not provide a note, you need to draw up an act on the employee's refusal to give explanations. This also takes 2 days. And the act itself must be registered in a special journal.
- Having received an explanatory note or an act of refusal to give it, employees must draw up a new document - an act on the fact of violation of labor discipline, and register it in the same journal.
- And when this is done, it will be necessary to determine the disciplinary measure. It must be remembered that for each violation it is allowed to apply only one penalty, which must correspond to the severity of the offense. If the penalty is disproportionate, the employer can be brought to court under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Disciplinary action can be of 3 types: reprimand, reprimand, dismissal. And if the employee already has a reprimand or reprimand, then the next disciplinary sanction by right may entail his dismissal. This is called multiple dereliction of duty.
After the necessary documents have been collected, the personnel department will draw up a dismissal order, which will be signed by the head of the organization, and the negligent employee will be removed from office. He can file a lawsuit to appeal such a decision, but if the employer provides evidence that the dismissal was justified, the employee's claim will be rejected.
