Business owners often come to me for consultations with the question of how to quickly and painlessly and, most importantly, break even for the company to fire a negligent employee. In this article I will not describe in detail the legal subtleties, but will focus on the dismissal algorithm, psychological aspects and I’ll tell you how to carry out a dismissal so that you come out of this procedure with minimal negative emotions, and in a simple way - “no offense”, both the one who is fired and the one who fires.

Let's consider a typical situation.

So, after much thought, you, as a director, have come to the conclusion that Ivanova’s sales manager does not suit you at all in terms of his professional and personal qualities. The revenue is decreasing, it is not attracting new clients, and, apparently, it is already receiving kickbacks from the old ones. In addition, she is always dissatisfied with everything, does not say hello, and yesterday she called the accountant a fool. Previously, you wouldn’t see Ivanova at her workplace before half past ten, but at five minutes past six she was already blown away by the wind.

You come to the accounting department (aka the HR department) with the phrase: “Ivanova needs to be fired. First let's try... at will».

Reasons: why are you firing?

To fire an employee, you need to clearly know why you are doing it. Why know clearly? So that the consciousness does not wander. If you set a goal to fire someone, fire them. Next, we determine the reason.

I have identified five main reasons for dismissal:

unprofessionalism of the employee. Lack of knowledge, skills and experience. And there is no desire to receive them. The employee lacks motivation. The probationary period has already passed, the person thinks that there is no need to study anymore, and automatically does some kind of work. This does not suit you. Its influence on the team is negative. A person is constantly dissatisfied and infects the entire team with his dissatisfaction and attitude towards work. He is a virus that needs to be localized and neutralized before it paralyzes the entire team. And here I will make you happy, because you have already localized it: you already have doubts about it. All that remains is to neutralize the disrespect for the leader. The employee undermines the authority of the manager. Causes sabotage in work, it infects other people. He shows how to communicate with you in a familiar and sassy way. Are you ready for the fact that soon all your employees will begin to communicate with you in the same way? No - that means make an indicative dismissal. There is a discrepancy between the employee’s mission (goal - what he works for) and the company’s mission. This is seen when applying for a job. If the main goal of the company is development, and the person has other values, then it will be difficult for you to find mutual language, and you will still break up. In theory, you should have noticed this during the interview, but for some reason you didn’t notice it right away... It’s okay - there is always a way out.

Why are you afraid to get fired?

It is always difficult to fire someone, and all managers do their best to delay this unpleasant moment. Even businessmen with a pronounced authoritarian style Managements that can shout, stomp their feet, and spit at the offending employee have difficulty firing employees.

The reasons are usually psychological. From experience, I identify three main ones:

Reason 1. Pity for the careless employee. Because this useless, incompetent, undisciplined employee has a family, and you will leave his innocent household without a livelihood.

Or it often happens like this: work doesn’t work out, but otherwise it’s very good man, everyone in the team loves him.

Solution 1: calculate how much it costs to maintain such an employee and how much income he brings you - the pity will immediately pass.

Pick up a calculator and multiply his monthly salary by twelve (don't forget to add tax and social contributions to it).

For example, how much is pity worth?

25,000 rubles x 12 months = 300,000 rubles per year.

Those who wish can also take into account the cost of the current maintenance of this employee. For office employee– these are the costs of telephone, Internet connection and e-mail, purchase of components and office supplies, etc. In general, there are enough expenses.

Perhaps, after receiving the final figure, your pity for the person being fired will not only decrease significantly, but will even turn into indignation or, at least, pity for the lost money, which you will certainly find better uses for.

However, if you want to be generous, you can pay the employee severance pay. This will cost you much less than paying him a monthly salary that he has not earned.

Solution 2: Realize that by firing you are giving the person a chance to find a job they like!

Let me give you an example from practice - from the story of a happy fired worker:

“Having realized what kind of business I liked, I prepared for another year to implement it and eventually left my engineering position for the field of “working with people.” When I started doing my own thing, my happiness knew no bounds. Disappeared constant stress from the realization that “tomorrow I’ll go back to work”, there was no more irritation and negativity in the workplace. There is a desire to tell your family and friends about this and share new things, what you find and learn every day. And even if sometimes I had to work a lot, the fatigue was pleasant.”

Reason 2. Pity for myself and my wasted energy: I taught him so much, but here again I will have to look for another and teach him again. And where and how to look for new employees? Again this staffing headache!

Solution: See solutions under Cause 1.

Reason 3. Fear that the employee will get angry and some problems will arise: he will “harass” the tax service, scratch the car, spread gossip, steal clients, etc.

Solution: the main thing is to part amicably. It is necessary to give the person the opportunity to make this decision himself. If he doesn’t want it himself, then create conditions so that he has no choice. Don't be afraid of anything, you're right.

How to fire?

Your task is to make the employee understand that he cannot cope with the job, or to create such conditions for him that he again decides to leave voluntarily.

Clearly define his motivation and artificially remove it. Example: if the motivation is professional growth, then explain that there will be no growth. If the motivation is proximity to home, say that this product item will move to a warehouse on the other side of the city. If the motivation is communication, “delight” him that soon he will switch to working only with a computer, etc. Give the employee a difficult task, obviously impossible: “Go there - I don’t know where, bring that - I don’t know what...”. He will not cope because he does not have enough professional experience, because the task itself is difficult to complete (if at all).

For example, if the person being fired works as a marketing manager or is responsible for sales, then you have the power to sharply increase the plan, and also demand the speedy conclusion of contracts with the most inaccessible, but desired customers and clients.

If an employee can complete an impossible mission, that's great. Maybe then the need for dismissal will simply disappear.

If a miracle does not happen, then there will be a formal reason to sigh sympathetically: “It’s a pity, of course, but you yourself see that nothing is working out for you and me.”

Ask the employee for money to pay for his training (so that he pays for a year in advance). Tell him that there will be certification soon - he may be scared. Change the working conditions. Create stricter rules and standards. Many people are afraid of change. Tell us about possible changes in the company.

Emergency insurance

In my practice, there was a case when I had to fire an excellent specialist with excellent performance due to unacceptable behavior at a corporate holiday. He was very drunk when he climbed onto the stage and, sorry, took off his pants at the very moment when our CEO broadcast a congratulatory speech from London. This spectacle was observed by 600 people from different regions of the country. "Fire! – the order immediately followed. - For bad behavior!"

It was difficult for me to explain to a sober employee in the morning why I wanted to fire him, but my safety net (preliminary collection of explanatory notes about minor violations) allowed me to do this.

It is convenient to fire those who are not particularly conscientious for non-compliance labor discipline: repeated lateness, absenteeism, etc. For this method to “work”, the employee’s employment contract and internal labor regulations must indicate when the working day begins and ends.

Be sure to record late work on your time sheet. When an employee once again fails to show up at the workplace on time, create a commission and draw up a report of lateness. After the employee has redone all his personal affairs and appears in the office, ask him for written explanations (Article 193 of the Labor Code). Refuses to write explanatory note– create a commission and draw up an act of refusal. The commission should include the head of the department, a personnel department employee, and two or three witnesses (for example, a security guard or secretary).

It’s quite easy to “find fault” over little things - you were two minutes late, you left one and a half minutes early - you prepare a report and, based on it, a written remark. Employees, as a rule, try to challenge the reprimand, but somehow do not pay attention to the comments. Then you update these comments from time to time. As soon as a negligent employee commits the first serious violation, you issue a reprimand. And here is paragraph 5 of Article 81 of the Labor Code - repeated failure to fulfill labor duties in the presence of a disciplinary sanction!

It is better not to rush into ordering dismissal on this basis. Wait until the employee’s personal file contains several reports of lateness, comments and memos: if the case goes to court, this will significantly increase your chances of winning.

How to conduct a conversation with a candidate for dismissal

Preliminary conversation. Give us a second chance? We set plans and tasks. We define minimum terms and concrete results. We strictly control!

The conversation is basic and decisive. During it, you need to let the person know that he is significant, but your paths have diverged. You are ready to help him with his further arrangement, do not hold a grudge against him, give recommendations if necessary. Use the last conversation with the employee and in order to identify problems and shortcomings in your team, ask him for advice.

After dismissal

Don't give negative references if other companies ask.

On a separate plate at the end:

Advice:
Create a profile of the candidate you need based on a clear example of the employee you don't need!

From my own experience

I fire them quickly, without working off, and as compensation, pay the salary that the person would receive at the end of the month.

I always share a person’s professionalism and personality. With a person, if there is mutual desire, you can remain on good and even friendly terms.

And I’ll end this article with a statement from Steve Jobs: “Don’t let the views of others drown out your own inner voice. And it is very important to have the courage to follow your heart and intuition. They somehow already know what you really want to do. Everything else is secondary.”

All issues related to dismissal in 2017 are regulated by Chapter 13 of the Labor Code of the Russian Federation. In particular, all prerequisites for terminating labor relations at the initiative of the employer contains Art. 81 Labor Code of the Russian Federation.

The article discusses the main reasons for such dismissal, the powers and procedures of the manager, which are relevant in 2017.

Reasons for dismissing an officially registered employee - is it possible to dismiss an employee who works under a work book?

Dismissing an employee without his consent limits the actions of the manager: desire alone is not enough.

The Labor Code of the Russian Federation contains a list of reasons for the cancellation of an employment contract and a specific procedure for each case. The main task - notify the subordinate in advance in the manner and within the time limits approved by law.

Absenteeism

If an employee was absent from work for a full day or more than 4 hours without justifiable reasons, the employer has the right to dismiss him for absenteeism (Clause 6, Part 1, Article 81 of the Labor Code of the Russian Federation).

This violation also includes:

1. dismissal at the request of the employee and termination of the agreement without timely warning to management;
2. unauthorized use of time off;
3. going on vacation not agreed upon with management.

Within 2 days from the date of absence, the employee can write an explanatory note.

If he refuses, a document is drawn up recording the circumstances of his absence from work. It is signed by two witnesses. The truant's autograph is also desirable.

If he disagrees, he must write: “I refused to sign.” Eyewitnesses must sign the phrase.

If there are explanations, the employee must attach supporting documents to them.

Advice. The employment agreement must indicate the subordinate’s place of work. This will help to document his absence in case of absenteeism.

Failure to adhere to schedule

Being late by less than 4 hours does not count as absenteeism. In this case, the manager has the right only to reprimand or reprimand his subordinate for violating labor discipline.

If the daily routine is violated again, the director has the legal right to dismiss the employee. This is permissible if the previous penalty has not yet been lifted, i.e. less than a year has passed since the first offense (Article 81, Article 194 of the Labor Code of the Russian Federation).

The same sanctions are provided for leaving work earlier than a certain time schedule.

The fact of violation of discipline by an employee must be documented by an act. Otherwise, the punishment imposed on him is considered illegal.

Important! A disciplinary sanction can be applied to an employee within a month from the date of violation of the work regime. The period is extended for the duration of illness, vacation, time spent taking into account the opinion of the trade union body (Part 3 of Article 193 of the Labor Code of the Russian Federation).

Violation of labor discipline

Labor discipline refers to a list of rules established in the company and mandatory for compliance by all employees.

Their violations include:

1. failure to comply with safety regulations leading to an accident;
2. theft and damage to company property;
3. disclosure of trade secrets;
4. refusal of routine medical examination or training;
5. illegal actions;
6. failure to comply with orders from superiors and others.

The dismissal procedure according to the above criteria is similar to the actions of management in case of absenteeism: an act of misconduct is drawn up, and if there is evidence, an order to terminate is issued labor agreement.

Alcohol intoxication

To dismiss a worker who appears at work drunk, the following activities need to be carried out:

1. conduct a medical examination in the presence of an entrepreneur or a representative of an LLC;
2. draw up an act on the presence of a subordinate at the company in a drunken state;
3. issue an order for removal from office;
4. require an explanatory note;
5. write a report on the incident;
6. issue and register a dismissal order at the request of the manager;
7. draw up a settlement note (form T-61), familiarize the offender with the document for signature;
8. make an entry in the labor record, basis - paragraphs. 6 clause 5 art. 81 Labor Code of the Russian Federation;
9. hand over the book and record it in the Accounting Book.

Typically, employees seen work time drunk, agree to resign of their own free will.

To avoid the above events, it is worth inviting the person to disperse peacefully.

It is easier to fire employees if it is an LLC or individual entrepreneur - the subtleties of the law are in the table

The procedure for canceling an employment contract at the initiative of the administration is regulated by the Labor Code of the Russian Federation. It has a similar algorithm for all organizational and legal forms.

The dismissal of employees of an LLC and an individual entrepreneur has some differences:

It is easier to fire an individual entrepreneur than an LLC employee, since the basic rules for terminating a contract: deadlines for notification, payments, etc., when hiring a citizen, the entrepreneur has the right to stipulate it in the employment contract with him.

Subsequently, this document will be the basis for the actions taken by the individual entrepreneur when dismissing an employee and will prevent legal and labor disputes.

The nuances of dismissal in LLCs and individual entrepreneurs - how to dismiss a pregnant woman, a pensioner, a single mother, etc.?

Dismissal without mandatory service

Termination of an employment agreement at the initiative of the manager is not provided for by law. In this case, the company administration offers the subordinate to resign from his position of his own free will - or to be dismissed under the Labor Code of the Russian Federation for violating labor discipline.

The situation has positive trends for both sides. The company will not look for evidence, formalize a large number of papers - and will lose an unwanted employee. He'll get it work book with a “good” article.

If the employee agrees, the agreement is terminated on the day of writing the application.

Dismissal without service is possible by agreement of the parties. The employer offers this to the employee for a certain compensation.

This is fixed written agreement. It records the date of termination of work and other conditions of dismissal. After signing a document, neither party has the right to refuse it without the consent of the other party.

Dismissal of an employee without notice

At the initiative of the superiors, an unwanted employee can be fired according to Art. 81 Labor Code of the Russian Federation.

The following reasons are most suitable:

1. Reduction of staff of a company or individual entrepreneur

This is a long and labor-intensive process.

The manager must perform the following actions:

1. adjust staffing;
2. notify the employee in writing against his signature 2 months before dismissal;
3. offer the subordinate available vacant positions that suit his specialization and health status;
4. issue severance pay (Article 178 of the Labor Code of the Russian Federation).

During layoffs, the administration often violates the dismissal procedure, so workers are reinstated with the help of lawyers.

Before dismissal, you should draw up a clear algorithm of actions so that the reduction does not seem “imaginary”.

1. Inconsistency between the position and the functions performed, identified during certification

Certification is underway. Based on its results, the commission makes a decision, on the basis of which the director issues an order. It reflects data on which employees did not complete the procedure and are subject to dismissal.

Employer is obliged to offer the employee other vacancies available at the company.

You need to carefully prepare for certification: appoint a responsible executor, study regulatory framework. It should be carried out throughout the organization, and not for an individual employee.

Dismissal during probationary period

If the test results are unsatisfactory, the employer has the right to dismiss the subordinate before the end of the probationary period. In this case, all details must be observed.

The employee must be notified for three days before the date of dismissal from office (Article 71 of the Labor Code of the Russian Federation). The manager must report the decision taken in the shape of written notice indicating the motives.

If the employee refuses to sign the document, you should apply one of the following ways:

1. draw up a corresponding act in any form;
2. make a record of the employee’s disagreement to sign directly on the notification itself;
3. send ordered letter with notification and inventory to the employee’s home address.

Evidence of unsatisfactory work of a subordinate during the probationary period is:

1. reports from the immediate superior;
2. complaints from team members and clients;
3. acts of non-compliance with production standards and non-compliance with time standards;
4. written reports from the employee on completed assignments;
5. executed documents indicating a disciplinary offense.

Dismissal of a pregnant woman without her consent

According to Part 1 of Art. 261 of the Labor Code of the Russian Federation, an employer cannot work with a pregnant employee - even if she commits a disciplinary offense.

An exception is the liquidation of a company or termination of the work of an individual entrepreneur; expiration of the term of the employment agreement drawn up for the period of performance of the duties of the absent employee. In this case, the following condition must be met: the manager does not have the opportunity to provide her with another job until the end of her pregnancy.

Pregnancy confirmed by a medical document is the basis for canceling the previously established probationary period (Article 9, 70 of the Labor Code of the Russian Federation).

An employer may require a certificate confirming pregnancy no more than once every 3 months.

Advice. If an employee refuses to submit a document confirming pregnancy, including repeatedly, the ban on dismissal is lifted. It is necessary to justify the refusal with documentary evidence.

Forced dismissal of a single mother

A single mother cannot be fired without her consent if she is raising a child under 14 years of age. The same rule applies to single women who have adopted children.

Exceptions are noted in Art. 81 Labor Code of the Russian Federation.

Thus, an employer has the right to terminate an employment agreement with a woman belonging to this category if she has repeatedly disciplinary action due to misconduct that goes against labor regulations.

The list of violations is given in the table:

Also, a single mother can be fired during the liquidation of the company.

If she is a manager - then for a one-time violation of labor discipline.

Dismissal of a woman with a child under 14 years of age

If a woman raising a child under the age of 14 is a single mother, her dismissal is not allowed. Exceptions include cases of liquidation of the company or guilty actions of an employee.

If the mother does not have single status, then the employer has the right to dismiss her without her consent on all grounds provided for by the legislation of the Russian Federation.

Dismissal of a pensioner without his consent

The law does not establish any benefits upon termination of an employment agreement with this category of employees. The only advantage for persons of retirement age upon completion labor activity is that they are not required to work 2 weeks.

Management can dismiss a pensioner for the following reasons:

1. liquidation of the company;
2. gross violation of labor regulations and norms of the Labor Code of the Russian Federation;
3. inconsistency with the position based on the results of certification;
4. culpable acts;
5. staff reduction.

Retirement age itself cannot be a reason for dismissal.

The manager can fire a pensioner for health. In this case, a medical report confirming the diagnosis is necessary. The employer must first offer such an employee another position that he can occupy if he is ill. In its absence, the contract is terminated under clause 8 of Art. 77 Labor Code of the Russian Federation.

How to fire an employee: 10 legal ways + 4 steps to document everything + 5 tips from psychologists + 3 best books to the point.

It doesn’t matter who the native company will have to say goodbye to - a newcomer who has not passed probation or the respected Petrovich, who has worked as a warehouse manager for 15 years - this must be done “without noise and dust.”

And sometimes there are very interesting tasks from the management - for example, it is right to fire the secretary Lidochka, because she, they say, is morally corrupting the male part of the team with her extreme miniskirts.

Be that as it may, know how to fire an employee correctly, every HR manager and entrepreneur needs it.

“Goodbye, you don’t have to love…”, or 10 ways to fire an employee under the article

Although the Labor Code does not indulge employers with a wide choice of articles under which an employee can be fired, you can always find a way out:

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

An option for a boss who cannot find a formal reason for dismissal, but is ready for an explanation with the “lucky one”. Such a peaceful “divorce” when real reasons breakups are voiced in private conversation.

(Article 81 of the Labor Code of the Russian Federation).

Here you will have to work really hard to fire an employee correctly:

• prove to him “on your fingers” that you do not have another position suitable for his qualifications or receive a written refusal to take it.

  Is your Moscow sales manager eager to take the same position in the new branch in Vladivostok? Hmm, as they say, the problems of a simple Indian leader are not of concern...

  It is possible to properly dismiss an employee under this article only by giving at least 2 months’ notice.

  So it’s quick to say goodbye to Yegorka, who regularly brings sandwiches with smelly stuff to the office. smoked fish, it won't work.

  do not open a closed vacancy earlier than in a year.

  Therefore, do not rush to dance the rumba on your desk and submit a job advertisement as soon as you fire an employee under the heading “Retrenchment”.

• pay the compensation due to the employee in the amount of up to 3 monthly salaries or whatever is provided for in your employment contract?

  And don’t press yourself, otherwise there is every chance of meeting the fired employee in court and spending even more money. Yes, such redneck will definitely not add “pluses” to your karma.

Systematic absenteeism (Article 81 of the Labor Code of the Russian Federation, clause 6, paragraph A).

Oh, those lovers of nightlife, summer residents and other employees who are busy with anything but work! Fire - and that's the end of it! But not everything is so simple: this can be done in the blink of an eye only if the employee good reasons was absent from work for more than 4 hours.

But in order to correctly dismiss a persistent truant under the article, you will also have to prove that your employee, like a miracle, knew what time the working day began:

• the employee has signed the internal labor regulations;
• the individual employment contract also clearly states the working hours;
• the collective agreement, if there is one, also specifies the hours of work.

Well what can I say? Only one thing: citizens, employers, be vigilant and convey all the necessary information to your blockheads in writing and signed!

Inconsistency with the position held (Article 81 of the Labor Code of the Russian Federation, clause 3.5).

You can, by warning the employee 2 months in advance, add additional points to the job description, which will clearly stipulate how you are going to determine whether he is coping with his responsibilities (for example, how many teddy bears he must sew or how many laboratory mice he must torture to death with a new strain flu).

Then in additional agreements to employment contract indicate with the employee how often the indicators will be taken (once a day, a month, a quarter, etc.)

At the same time, you do not have the right to immediately kick out an employee if he did not manage to sew on the right ear of the bear cub: first a reprimand is given, a second time - a severe reprimand, and only the third time the poor fellow is shown the door.

Failure to comply with internal labor regulations (Article 192 of the Labor Code of the Russian Federation).

And in them you can enter whatever your darling wants - even the length of the sleeve, even the color of the manicure and underwear of the employees.

The only caveat: all changes to such rules are made by order, which is familiarized with signature. And then, be atrocious, dear boss, to your health!

Intoxication (alcoholic, toxic, narcotic) (Article 86 of the Labor Code of the Russian Federation, paragraph 6, paragraph B).

Hmm, theoretically, it is possible to correctly dismiss an employee under this article, even if he once appeared in this form at the workplace or another place where his superiors delegated him with an assignment. Moreover, the time must be working hours.

But in order to fire an employee, you will need a medical examination. The easiest option is to call " ambulance”, which will record that San Sanych celebrated the thirtieth wedding anniversary or the day of the storming of the Bastille quite well.

Disclosure of professional secrets (Article 81, paragraph 6, paragraph B).

The funniest thing is that you can properly fire an employee even if he simply gave someone his colleague’s phone number without consent.

And if the clause on non-disclosure of trade secrets is included in both the employee’s job description, then the court will strongly support the employer.

Changes in basic working conditions (Article 74 of the Labor Code of the Russian Federation).

This is not just room for manipulation, but a huge space!
You are obliged only two months before the start of the office “revolution” to warn about it. For example, you can inform an employee that from the New Year and forever, instead of a rate, you will transfer it to a percentage of profit.

Your resourceful managerial mind will probably tell you what else to offer your “favorite” so that he himself will run away from the company, his heels sparkling.

Failure to fulfill labor duties (Article 81, paragraph 5).

It would be correct to fire an employee under this article in the case when all less “bloodthirsty” methods have not brought results - the person continues to “mess up” at work and does it with taste.

A hint for the most “cunning ass” on how to correctly fire an employee with this formulation: you give a task that is beyond the scope of time or qualifications, and then with a stern look you demand a written explanation of why he did not live up to the high expectations placed on him and voila - you got rid of the unwanted person!

True, the showdown with one’s own conscience will then be serious.

Unsatisfactory certification results.

The path, frankly speaking, is not for weakling bosses, because in order to fire an employee under an article, you need to have a provision on certification and a certification commission, the members of which understand the work of the “defendant”.

If the protocol of such a commission indicates that an employee cannot cope with his work, he can be fired with peace of mind or offered a position that matches his qualifications. Well, you understand what we mean: sending a nuclear physicist to sweep the stairs in the office is trash.

4 steps to let him go in peace: what documents need to be completed in order to dismiss an employee under the article?

Since you have figured out under what article to fire an employee, make sure that everything is completed correctly:

Eh, we feel that your HR officer and accountant will have something to do in the near future.

5 tips from psychologists on how to fire an employee and not make an enemy: “I don’t dare detain you any longer!”

Dismissal of an employee is perhaps the biggest disgusting thing that poisons the wonderful life of a boss. But it is precisely because of your ability to get out of such delicate situations with honor that you don’t travel by metro, but in a good car of your own, and you live not in Biryulyovo, but almost on Red Square.

To make your task easier, psychologists give some practical advice on how to properly fire an employee:

You need to report your dismissal face-to-face.

We think you wouldn’t want your professional “collapse” to become public knowledge;

Don't announce your resignation on Friday.

What's the catch here? Yes, the fact is that you will not just ruin a person’s weekend, but put him in a situation of forced inaction (what a search new job on the weekend?). Well, what could be worse than lying on the couch and feeling sorry for yourself, the unfortunate one?

don't skimp on good words when you need to fire an employee even under an article.

Because in everyone, even the most desperate idiot, there are some good features, and treating a dismissed employee like something thrown into a landfill is fu-fu-fu, how bad it is;

Do not fire an employee without clearly explaining the reasons.

Perhaps you can help a person avoid making the same mistakes at a new place of work.

• If possible, help the employee find a new job: ask your friends and colleagues about suitable vacancies, write a good recommendation and feel good wizard, and not some kind of Fraken Bok from business.

How to fire an employee for the benefit of the company

and for the person being fired?

Now you know for sure how to fire an employee like this, so as not only not to meet him in court, but also to say hello when you see him somewhere in line at a supermarket or your favorite cafe.

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Almost every person at least once in his life worried that he might be fired from his job. Some people live in such fear constantly, both those who actually commit violations from time to time, and conscientious workers.

Let's figure out why exactly an employer has the right to fire an employee and why not.

Dismissal due to staff reduction

First of all, it is worth highlighting the dismissal due to a reduction in the number of personnel. They resort to it when the management of an enterprise believes that maintaining a specific position or a number of positions is not economically profitable.

By and large, there is no personal fault in such dismissal of an employee, although managers sometimes use it to get rid of unwanted employees.

This type of dismissal is carried out entirely at the initiative of the employer. True, there is a limited circle of people to whom it cannot be applied. These are, for example, pregnant women, minor workers, single mothers. Enterprise managers cannot dismiss these and some other categories of persons from their jobs due to layoffs.

But at the same time, there is a much larger circle of people who are not subject to the ban on dismissal due to job cuts. For these workers, in order to avoid being laid off, it is very important to prove to the company administration the importance of their position, as well as the personal benefit that this employee brings to the organization.

That is, in order not to be fired due to layoffs, you first need to please the management of the enterprise and prove your importance.

And for the company’s management, the main thing to remember is that it is not necessary to cut specific person, and the position. That is, after dismissing an employee due to layoffs, no one can be hired in his place, and this position must be removed from the staffing table.

Otherwise, such dismissal may be declared illegal by the court, and the employee will be reinstated at his previous place of work.

Dismissal due to termination of the enterprise's activities

If in the previous paragraph the employee could at least somehow influence the likelihood of his dismissal, then there is practically no way for an ordinary employee to prevent the loss of his job due to the liquidation of the enterprise.

Even if he makes every effort to work for the benefit and prosperity of the company, his efforts can bear real fruit and prevent the collapse of the enterprise only if other employees of the organization make similar efforts.

Dismissal for violation of labor regulations

Dismissal for violation of labor discipline is a fairly common method of dismissal from a position, which is often used in relation to negligent employees. So, under this clause, you can be fired for:

• regular lateness to work;
• absenteeism;
• appearing on the premises of an enterprise while intoxicated;
• theft of company property or embezzlement of financial resources;
• damage to valuables;
• disclosure of trade secrets to third parties.

A prerequisite for this type of dismissal is strict recording of all violations in accordance with the procedure established by law. It should be noted that the employee must be familiarized with each violation report personally. He should also be asked to provide a written explanation of what happened.

The employee has the right to choose whether to give an explanation or refuse to give it. True, the latter will be regarded as an admission of guilt. In case of refusal to give explanations, the management of the company must draw up a corresponding act with the signatures of witnesses.

If the employer made a mistake somewhere during the dismissal procedure, then in the future the dismissed employee, even if there are real violations, can easily be reinstated through the court.

Dismissal for inadequacy of the position held

But dismissals under this article are relatively rare, since it is quite difficult and problematic to prove that a particular person is unsuitable for his position. This requires the creation of a certification commission, which must determine whether the person’s abilities and knowledge meet the responsibilities assigned to him.

But even if the commission recognizes that a person is not suitable for the position, the employer is obliged to offer him another type of employment that will correspond to his professional skills.

And only if the employee refuses this offer can he be dismissed from work as a person not suitable for his position. However, dismissed workers can still challenge the decision of the certification commission in court and, thanks to its decision, be reinstated in the workplace.

Due to the complexity of the procedure and the lack of a guaranteed result, employers try to dismiss employees under other articles of the Labor Code, and dismissal for incompetence for the position is resorted to last, when all other options have failed.

Amoral behavior

According to the current Labor Code You can also be fired from your job for immoral behavior. True, this clause can only be extended to employees of various educational institutions (schools, boarding schools, etc.) and is actually inapplicable to most existing professions.

As in the case of dismissal for violation of labor discipline, the essence of the immoral act is mandatory must be recorded in the appropriate act.

Refusal by an employee to perform his duties

If you refuse to perform the duties assigned to you job descriptions, then the head of the enterprise has every right to fire you from your job. In addition, according to the law, the employer has the right to change working conditions, in particular the work schedule, the list of duties to be performed, the amount of payment, and so on.

True, he is obliged to notify the employee about this two months before the start of applying the changes. If an employee refuses to comply with these requirements, he may be fired. This point also includes refusing to move to another locality if the organization for which you work moves there.

Dismissal when the owner of the organization changes

If the owner of the company has changed, then he has the right to dismiss the management of the company: the director, his deputies, the chief accountant. This right of the company owner does not apply to ordinary employees or middle and lower management.

In addition, the new owner is obliged to offer the former management of the company other jobs, and in case of their refusal, start the dismissal procedure.

Who should not be fired under any circumstances?

IN labor legislation a list of persons who cannot be fired under any circumstances is specified. These individuals include women expecting a child, minor employees of the enterprise, and trade union leaders. These workers can only be fired if the company is completely liquidated.

But this does not mean that they can afford behavior that does not correspond to the work schedule at the enterprise, or improperly perform their immediate duties, since the managers of the enterprise, in addition to dismissals, have tools that can influence a negligent employee. For example, a reprimand or deprivation of a bonus.

Until they return to work, persons who are on leave (tariff leave, at their own expense, maternity leave, child care, etc.) or on sick leave due to temporary disability cannot be fired. They can only be fired on the day they begin their duties.

In addition, there is a circle of people who cannot be fired due to layoffs, but can be fired on the initiative of the administration in accordance with another article. For example, for violation of labor regulations. These include single mothers and women with children under three years of age. If the child does not have a mother, the same rule applies to any person who officially takes care of him.

Conclusion. As you can see, it can be very difficult to fire an employee from work. various reasons. Sometimes these reasons largely depend on him (in case of violation of labor discipline), and in other cases they are absolutely independent (in case of liquidation of the enterprise).

But in any case, a qualified and responsible employee has a better chance of staying in his job than an employee who approaches the matter carelessly or violates the order established at the enterprise. Persons who neglect their job responsibilities, in any organization the first on the list for dismissal.

When a person is fired from work on the initiative of higher management, for him this almost always means psychological stress, painful experiences, and a wounded sense of pride. Irritation and resentment can have serious consequences for the organization - from creating a negative image in professional circles to lengthy legal proceedings. An angry employee often takes revenge on the company by leaking its customer base to competitors or by disclosing secret financial information to tax authorities. In addition, dismissal carried out in a rough, “clumsy” style causes stress for the rest of the staff. The remaining employees understand that sooner or later they will be treated in exactly the same way. In the team, work motivation decreases, loyalty to management disappears, and a secret search for a new job begins.

Hence the importance of psychological support for the dismissal of an employee. The dismissal process itself, if possible, should be made as gentle as possible in relation to the employee leaving the organization. It is necessary to minimize negative psychological consequences. There are several ways for both parties to avoid excessive stress upon dismissal, so that the employee does not leave embittered and does not plot further intrigues against the former employer.

Psychological studies have found that psychological stress caused by dismissal is more pronounced in men than in women. Men, due to their psychophysiological characteristics and prevailing stereotypes in society, are more inclined towards social success and career achievements. They more often perceive dismissal as the collapse of all their life plans and hopes, and are more often prone to inappropriate reactions. , are also more pronounced in men. Women react more flexibly to stressful situation and quickly adapt to new conditions. Therefore, no matter how strange it may seem from a philistine point of view, men need a more attentive and “gentle” approach when leaving a job than women.

There are several psychological rules that are useful to use when dismissing an employee.

The upcoming dismissal procedure can be mitigated by setting specific tasks for each week/month/quarter and discussing their implementation with the employee. An employee who systematically fails to complete assigned tasks is mentally prepared for dismissal. Even before the decision is announced, he understands that he cannot cope and may be separated from him, and he also knows why. Therefore, the notice of dismissal does not come as a surprise to him and does not cause stress. In this case, the stress factor is not the job loss itself, but the constant threat that this is about to happen. And the very fact of losing a job is often perceived with relief - as getting rid of constant uncertainty and discomfort.

In some cases, it is necessary to record in writing all the tasks that are given to the employee, and the result of their completion, in case of future litigation. Preparation for dismissal can also include conducting a performance appraisal and communicating the (negative) results to the employee. They make him understand that it is time to look for another job.

The conversation in which the dismissal is announced must be structured psychologically competently. Best to use psychological technique"PNP". (Positive-Negative-Positive). That is, first you need to list the positive qualities of the dismissed employee, then explain why the person can no longer work in the company, and at the end of the conversation you need to reassure the person and once again emphasize his strengths.

Stage 1, positive. At the first stage, it is important to create a positive emotional background and demonstrate respect for the person and his personality. This will soften upcoming negative experiences.

Stage 2, negative. Notice of dismissal. The reaction to it depends on the temperament and character of the person. For some, the reaction can be very violent - the employee “explodes”, screams (women may cry), accuses the boss of all mortal sins. In this situation, it is important not to interrupt him, but to let him “let off steam.” Listen calmly to him before continuing the conversation. It is not recommended to express active sympathy to an employee - this will only intensify his emotions. It is also inappropriate to respond according to the principle “you are a fool” - emphasizing the negative personal traits of the person being fired, reproaching him for laziness, sloppiness and lack of professionalism. This will make the employee even more angry and may cause a protracted conflict. Stay within the bounds of polite and calm goodwill.

Having “shouted out” all the negativity, the employee will again be able to perceive your arguments. In addition, such an accusatory impulse on the part of an employee who has “nothing to lose” can be very useful for the company. It allows you to find out those negative opinions and moods in the team that are usually kept silent and not expressed out loud to superiors. A smart leader will definitely draw conclusions from the information received.

Anyone who gets excited quickly usually calms down quickly. Such individuals overcome stress quite quickly. Within a few days after dismissal, they return to normal and begin to live not in the past, but in the future.

For calmer, phlegmatic and melancholic individuals, the notice of dismissal will not cause such a sharp external reaction. However, their internal psychological experiences are much stronger than those of the “explosive”. Negative consequences last longer, they tend to accumulate, and can cause chronic depression and loss of meaning in life. There are also known cases of suicide in which fired employees attempted to commit suicide.

In these people, psychological stress tends to develop progressively. Over time, negative experiences do not decrease, but become stronger. The fired person accumulates resentment for several weeks or months, and when it becomes unbearable, he suddenly decides to take revenge former employers, begins to develop a sophisticated plan for revenge.

For such individuals, the adaptation period is especially important. They need to be informed about “their own desire” to leave the company in advance and allowed to work in the company for some more time (2-4 weeks) in order to mitigate the period of acute psychological crisis. During this time, the employee will come to terms with the inevitable and get ready to look for a new job.

Stage 3, positive (“rehabilitating”). After the “sentence” is passed, it is recommended to take a pause so that the person has time to come to his senses, realize everything that was told to him or to “blow off steam,” and then do a few final “strokes.” For example, express confidence that he will definitely be able to reveal his great potential in another place of work. To sweeten the bitter pill, at this stage it is appropriate to discuss the amount of severance pay (“nth amount of salary”) that the employee will receive upon dismissal.

It is better to emphasize that dismissal is due to external reasons, and not to the personal qualities of the employee. It happens due to objective circumstances, and the employee himself has nothing to do with it. Those. at the third (positive) stage of the conversation, you need to say: “...the company simply finds itself in such a situation that we are forced to cut staff” or “You are a good specialist, but to solve new problems in new conditions we need people with different skills and other approach." You can also play on the ambitions of the dismissed employee, emphasizing his overqualification: “You are too good for us. You have long outgrown the boundaries of our company, you are capable of more, and for you, dismissal is a good reason to rise even higher and fully realize all your inclinations, which were not put to use at your previous place of work.”

The principle of “PNP” also applies in the case when the dismissed employee does not shine business qualities and, in principle, there is nothing to praise him for. As is known, in accordance with the Labor Code, an employee must be warned about the upcoming dismissal in advance. Therefore, the corresponding conversation between a boss and a careless subordinate can be structured like this:

“Dear name! You are a good person (positive personal qualities are listed). But if you don’t radically change your attitude towards work and your financial results, then we will be forced to part with you. I give you two weeks. If, after the expiration of the two-week period, you show that the work is up to you (and we both know very well that you are up to it), everything will be fine. If after two weeks nothing changes, then write a statement “on your own” and look for another place. Or I myself will officially inform you that you are fired! In the meantime, come to me for help and advice any time you need it! I will behave towards you as if nothing had happened and you had just started work, and I will do everything in my power for you.”

This text must be pronounced in its entirety and in exactly the same sequence to achieve the maximum psychological effect. If the situation has not changed after two weeks, the negligent employee quits.

Large and successful companies can afford the so-called. - working with reduced staff. Outplacement, as a type of consulting services, is provided by personnel and recruiting agencies. It includes psychological support and, ultimately, the employment of an employee laid off as a result of restructuring or any other organizational changes.

Less successful companies may limit themselves to writing good letter of recommendation for future employers with whom the dismissed employee will go looking for a new job. Of course, only if the employee agrees to resign calmly and without scandal. During the final conversation, it is advisable to give parting words and advice on future employment: where is the best place to apply, where can you get short-term training, improve your classification, etc. It is important to explain to the person that losing a job and looking for a new one is not a tragedy, but a normal stage of any business career. Therefore, we need to be optimistic about the future. Sooner or later, he will definitely find a job that will open up new prospects for professional growth. Show concern for his fate so that the person does not feel unnecessary thing, which heartless employers squeezed out and threw out into the street without regret.

Many companies have good tradition: in a farewell conversation, one of the company’s managers thanks the employee for his work and hands him “exit” documents. This gives a good psychological effect, but only if the person thanking is a truly important person in the organizational hierarchy, and not a regular clerk from the personnel department.

If a person has worked for a long time and brought significant benefit to the organization, it is advisable to see him off publicly and with honor. For example, arrange a small farewell buffet and present him with a memorable gift in a formal atmosphere. This is especially important if the dismissal occurs due to a person’s retirement. In this case, material costs are more than compensated by the favorable psychological climate in the organization. Not only the dismissed, but also the remaining staff will feel calm and confident. People will know that the company they are giving to best years life, will not treat them indifferently, but will provide respect and support. This will have a beneficial effect on work motivation and loyalty to management.

Such behavior on your part will ensure, if not a positive, then at least a non-aggressive attitude towards your company. Employees will be more inclined to view their dismissal as an honest and forced act, rather than as meanness on the part of management. They often continue to speak well of the company and express no desire to sue it for wrongful termination or retaliate against former employers in any other way.

Prepared based on materials from the training seminar:

© Prepared by: Victor Bodalev.
© Psyfactor, 2007