How to fire a worker without tears, scandal and trial

Sooner or later, any manager is faced with the need to part with an employee. Correctly 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 postpone 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.

Decision-making

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.

• “If I admit the necessity of dismissal, I actually admit that I was mistaken when I interviewed, did not see, did not recognize, did not teach the right thing, did not pay enough attention.”
• "I am sorry to fire him, he has a difficult financial situation."
• “Reporting this is so unpleasant. I hope that the situation will resolve itself. ”
• “The problem with the staff! I’ll fire this, but where is the guarantee that the next will be better? Who will work? ”

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, there is a person on your team that you want to get rid of, but are delaying making a decision. Analyze employee behavior by refuting or agreeing with the following statements:

1. An employee takes a lot of time, energy, money, and his performance is not improving. He does not fulfill (does not want, cannot) the tasks assigned to him.
2. The employee disrespects you and the team (customers, if the position involves communication with customers).
3. Personally, it’s uncomfortable for you to work with this person; he is unpleasant to you.
4. The employee is disloyal to the company, does not share its values ​​and principles.
5. The employee is in conflict, regularly creates acute situations.

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. In such words, there is 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, flaws, get ready that the person will defend himself - this is a natural reaction. He may not show his resentment, but leaving the office, at every opportunity he will talk about your minuses and problems of the company. Your task is to conduct the conversation so that the employee does not leave embittered and does not denigrate 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.

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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.

The classic option is voluntary resignation (clause 3, Article 77 of the Labor Code of the Russian Federation). This method is the simplest for both parties: the manager invites the employee to personally submit a resignation letter, and the employee agrees. If the employee refuses, sympathize with the manager, as they will have to try to force the employee to do so. Each reprimand should be accompanied by a reprimand and a written statement. Once sufficient documentary evidence of the employee's failure to fulfill their duties has been collected, you can re-consult with the employee and invite them to voluntarily submit a resignation letter to avoid dismissal under this article. Most likely, after reviewing the documents and discussing with you, the employee will submit a resignation letter.

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 separate is by mutual agreement (clause 1, part 1, Article 77 of the Labor Code of the Russian Federation). This method is convenient when both parties are willing to end the employment relationship. In this case, the termination date is chosen based on their mutual interests, such as when a replacement will be selected or when the employee will find a new job. If the termination of an employment contract by mutual agreement is legally binding, a termination agreement must be concluded, which must specify the date and terms of termination. In real life, the parties agree on the termination date verbally, and upon the agreed-upon date, the employee submits a resignation letter, and the entry in the work record book is made under clause 3, Article 77 of the Labor Code, that is, "at the employee's own request."

The possibility of dismissal due to failure to pass the probationary period must be provided for in advance. The probationary period typically lasts up to three months, and during this period, the employment contract may be terminated at any time. Please note that the probationary period provision must be included in the employment contract and, preferably, in the order and employment application. Otherwise, the employee is considered hired without a probationary period and cannot be dismissed for failure to pass the probationary period. If the probationary period is unsatisfactory, the employer has the right to terminate the probationary period early by giving written notice no later than three days prior to the termination date, stating the reasons for the employee's failure. In this case, it is advisable to support the reasons with written evidence.

Terminating a fixed-term employment contract is simple and straightforward upon expiration. The employer is not required to provide any justification for their decision. The only requirement is that the employee be notified in writing no later than three days prior to dismissal.

Dismissal based on the results of a performance appraisal is a risky move, as in 90% of cases, the court's decision favors the employee, regardless of how well the employer's documentation is drafted. If an employee fails to fulfill their job responsibilities, they can be dismissed based on the results of the performance appraisal (in accordance with subparagraph "b" of paragraph 3 of Article 81 of the Russian Labor Code). The company must have a performance appraisal policy, as well as an approved performance appraisal schedule or an order issued immediately before the appraisal. The employee must be familiarized with all these documents in advance and sign them. It's best for the company's manager not to be a member of the performance appraisal committee, as this will prevent the employee from filing a complaint regarding disagreement with the results, which are formalized in a separate order. If the performance appraisal results are unsatisfactory, the employee must be given time to improve and undergo a re-appraisal. If the re-evaluation results are unsatisfactory, it's best to offer the employee another position, and if they refuse, they can be fired with confidence. Most often, such a dismissal stems from a conflict between the company and the individual, and therefore should only be used in extreme cases. If the employee had no written comments or complaints from colleagues prior to the evaluation, such a dismissal can easily be challenged in court, and in most cases, the judge will side with the former employee.

If an employee is consistently late, they may be dismissed for failure to comply with labor discipline (Clause 5, Article 81 of the Labor Code of the Russian Federation). The most important clause in this case is the employment contract, which clearly specifies the start and end times of the workday. Furthermore, the time of arrival must be recorded in the timesheet. If an employee's lateness is chronic, a report on the lateness must be drawn up, after which a written explanation must be required from the employee under Article 193 of the Labor Code of the Russian Federation. If the employee refuses to provide an explanation, a refusal must be drawn up and signed by three other employees. If three written comments are received, a reprimand can be issued, after which the employee can be confidently dismissed. It is important to emphasize that if you want to dismiss an employee under this article, it is important to carefully prepare written documents (memoranda, comments, orders) so that you have compelling evidence in the event of a legal dispute.

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.