Sooner or later, any manager is faced with the need to part with an employee. Properly and on time the dismissal procedure will save the company money, and the boss himself - nerves and time. But why sometimes, knowing that a break in relations is inevitable, we put off the decision for months?
# EXPERT #
The dismissal process can be conditionally divided into three stages: deciding on the dismissal, informing the employee, legal registration of the dismissal.
The decision to dismiss arises in the head of the head at first unconsciously, implicitly and ripens for some time. As a rule, from the moment of the thought that an individual employee has no place in the company or department, months pass before the announcement of his decision. Often, managers delay the dismissal, because they are not ready to say it out loud. The most common causes of this delay can be identified.
All these reasons are a sign of excessive leniency of the leader. Delaying the decision, you deprive your business of effectiveness and face the fact of lost profit due to the fault of a negligent employee.
Managers sometimes find it better to have a bad employee than no one at all. The directors say: "I can’t get rid of this employee now, because the rest will have to work even more, there are not enough people." Of course, you need to choose a convenient moment for dismissal. But there will never be enough time, staffed staff, and there will always be a reason to say to myself: “Now I have no time to interview candidates” or “Maybe he will take up the mind.” If bad employees do not want to improve, they need to be fired.
Perhaps, right now, a person is working in your team that you want to get rid of, but delay the decision. Analyze employee behavior by refuting or agreeing to the following statements:
If the answers are mixed, then give the person one more chance. Give him the opportunity to correct on time. If you agree with the 4 statements, make the decision to leave right now and schedule a date for the final conversation.
Informing the employee about the dismissal
Often in the final conversation, the leader lists what the person did badly and gives negative examples. Such words are an attempt to prove both to himself and to the employee that he really does not correspond to his position. This is a serious mistake. When you voice mistakes, shortcomings, get ready that a person will defend himself - this is a natural reaction. He may not show his resentment, but, going outside the office, at every opportunity he will talk about your minuses and problems of the company. Your task is to conduct a conversation so that the employee does not leave embittered and does not defame the name of the organization.
The dismissal procedure should be an additional reason for feedback and should be carried out according to the plus-minus-plus formula. Start the conversation by listing the positive qualities of the employee, based on which you once hired him. Then explain why you are unhappy and what caused the dismissal. Concluding the conversation, once again highlight several advantages that, in your opinion, are his strengths and will be useful to him in his new job. Any person has the right to understand why they want to part with him.
When conducting the final conversation, it is better to be guided by the following rules. Talk to the dismissed person and in private, be attentive and polite, but do not sympathize. Stay correct: voice only facts, not emotions. Give the employee the opportunity to speak, do not agree and do not dispute his words, just listen. Speak firmly, because the decision has already been made. End the conversation on a positive note - there is something to praise anyone.
Legal registration of dismissal
It is important to fire an employee lawfully and without consequences. The labor code offers us several options, consider the most common.
Classic version - at will (clause 3 of article 77 of the Labor Code of the Russian Federation). This method is the easiest for both parties: the manager offers the employee to write a letter of resignation with his own hands, the employee agrees. If he refuses to write a statement of his own free will, then it remains to sympathize with the leader, as he will have to try to force the employee to do this. Each comment should be accompanied by a reprimand and writing. When a sufficient amount of documentary evidence is collected that the employee has not fulfilled his duties, you can talk with the employee again and invite him to voluntarily write a statement in order to avoid dismissal under the article. Most likely, after viewing the documents and talking with you, the employee will write a letter of resignation of his own free will.
You can go the other way, namely, to change the employee’s working conditions: transfer his clients and part of his authority to another employee, not increase salaries, and deprive the bonus. In this case, everything depends on the personality of the leader and his moral principles.
But these methods have their drawbacks - they kindle a war and affect relations within the collective as a whole. Angry, a fired employee can turn to the tax office, the court, your competitors, or everyone at the same time, turning your existence into a nightmare.
Another way to break up is termination of a trade agreement by agreement of the parties (clause 1 part 1 of article 77 of the Labor Code of the Russian Federation). This method is convenient to use when both parties are set to break off labor relations. In this case, the date of dismissal is selected taking into account their mutual interests, for example, when a replacement will be selected for the employee or when he finds a new job. If you execute the termination of the employment contract by agreement of the parties, it is legally correct, then it is necessary to conclude a termination agreement in which the date and conditions of the termination must be provided. In real life, the parties agree on the terms of departure orally, and upon the agreed date, the employee writes a letter of resignation, and the entry in the workbook is based on paragraph 3 of article 77 of the Labor Code, that is, “of one’s own will”.
Opportunity dismissal due to non-completion of the probationary period must be foreseen in advance. The probationary period, as a rule, lasts up to three months, and during it the employment contract can be terminated at any time. Please note that the test condition must be included in the employment contract and, preferably, in the order and application for employment. Otherwise, the employee is deemed to be hired without a probationary period, and it is impossible to dismiss him on the basis of failure to pass the test. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the test person ahead of schedule, warning him in writing no later than three days prior to the termination date, indicating the reasons for recognizing the employee as failing the test. In this case, it is advisable to confirm the reasons with written evidence.
Termination of a fixed-term employment contract passes easily and simply after the expiration of the contract. In this case, the employer is not required to justify any decision. The only condition is that the employee must be notified in writing not later than three days before dismissal.
Certification dismissal - a risky step, since in 90% of cases a court decision is made in favor of the employee, regardless of how competently the documents are prepared by the employer. If an employee does not cope with his duties, then he can be fired according to the certification results (in accordance with subparagraph “b” of paragraph 3 of article 81 of the Labor Code of the Russian Federation). The company must have a Provision on certification, as well as an approved certification schedule or order, which is created immediately before the certification. The employee must be familiarized with all these documents in advance for signature. It is better for the head of the company not to be a member of the certification committee, since then the employee will not have the opportunity to complain about disagreement with the results, which are issued in a separate order. If the results of the certification are unsatisfactory, it is necessary to provide the employee with time for correction and re-certification. If the results of re-certification are unsatisfactory, it is better to offer the employee a different place of work, and in case of his refusal, you can safely dismiss. Most often, such dismissal involves a conflict between the company and the person, and therefore this measure should be used only in extreme cases. If prior to certification the employee did not have written comments, complaints from colleagues, then such dismissal is easily disputed in court, and in most cases the judge takes the side of the former employee.
If an employee is systematically late, then he can dismiss due to non-compliance with labor discipline (clause 5 of article 81 of the Labor Code of the Russian Federation). The most important in this case is the clause of the employment contract, which clearly indicates the start and end times of the working day. In addition, the time sheet must be recorded in the time sheet. If the employee’s delays are chronic, it is necessary to draw up an act of being late, and then require a written explanation from the employee based on Article 193 of the Labor Code of the Russian Federation. If the employee does not want to write an explanatory note, an act of refusal should be drawn up and three other employees should sign it. If you have three written comments, you can draw up a reprimand, after which you can safely dismiss such an employee. I want to focus on the fact that if you want to dismiss an employee for an article, it is important to carefully prepare written documents (memos, comments, orders) so that in case of a court dispute you have strong evidence.
Despite the abundance of ways to part with an employee, the best is dismissal of your own free will. Try to do everything possible so that the employment contract is terminated precisely for this reason, regardless of the presence or absence of a conflict with the employee. The main thing for you is to avoid lawsuits that entail costs. In addition, it is likely that you will be forced to reinstate an employee in the post for the trial. It is better not to bring dismissal to the proceedings and resolve the situation peacefully.
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