Termination of the employment contract on the initiative of the employer: we comply with the law!

Laws change every day. This was especially noticeable in the relatively new Labor Code of the Russian Federation. If earlier it was difficult to dismiss an employee, but it is possible, now the court practice shows that the cases of violated rights of employees in connection with their illegal dismissal end in 90% of cases in favor of the employee. Termination of the employment contract at the initiative of the employer as a managerial decision began to frighten not so much the workers as the employers themselves.

Such a high percentage is quite understandable. First, and, unfortunately, the majority of employers and their subordinates in the personnel department at the dismissal of the employee make a lot of mistakes, do not observe the only possible procedure for dismissal under the Labor Code.

Termination of the employment contract on the initiative of the employer is possible only after repeated (at least 2) disciplinary violations. For each violation, a reprimand must be pronounced (document the fact of violation, give a signature to the employee, familiarize).

Or dismissal due to inadequate position. To do this, it is necessary to conduct an attestation of the employee, which will show his insufficient level of skills. This is the main thing that employers should know, but there are a lot of details ... In the Labor Code, 81 articles "describe" all possible reasons for termination of the contract with the employee on the initiative of the management.

Secondly, to prove that the termination of the employment contract on the initiative of the employer occurred on the basis of good reasons and with the observance of the law - this burden lies in the court on the employer. Most of the reasons for dismissal are not sound enough (in official papers it is difficult to express colorlessly the entire disorder of the employee), and therefore it is practically impossible to prove the justification of dismissal (even if all requirements to the order of dismissal by law are observed).

Offended former workers became bolder: before, most people were afraid to defend their rights. Yes there, they simply did not know about them, and now almost every person dismissed immediately goes to court, even if he knows perfectly well that he can not be called an ideal worker.

In this situation, it became quite difficult to get rid of employees who were openly unsuitable for their position, such as those who violate work discipline in a company where it is very important, or who have to remodel everything themselves. It happens that one person combines both of these qualities, unacceptable for a good employee.

What legal way did employers find to avoid falling into such a situation? The recruitment of a new employee with a probationary period is not suitable, you can dismiss him at any time until the test period has expired. Termination of an employment contract on probation also requires consideration of many nuances, compliance with the law. For example, before you dismiss an employee, it must be notified three days before the termination of the contract. It is necessary to clearly formulate in the order the reasons for dismissal, why the employee did not pass the test. Otherwise, again - the trial, compensation for harm, the restoration of a negligent employee in office ...

There is another option - an urgent labor contract, although it does not fit for all posts (only with the short-term character of the forthcoming works). The termination of the contract on the initiative of the employer in this case is not necessary. An employment contract is considered terminated after the expiry of the term for which it is concluded, a short period that suits the employer (who can assess the employee's compliance with the job), and the employee for some reasons (temporary work is needed). At the request of the parties after the termination of the fixed-term contract, you can enter into a normal employment contract and already work peacefully with the suitable employee, without making plans for his dismissal.

Termination of the employment contract on the initiative of the employer, despite all the difficulties, is still quite feasible, only it is necessary to carry out dismissal in accordance with the law and be ready to prove his case in court.