All employees, when they get a job,sign an employment contract, which lists the list of their job duties. Also, employees are required to comply with the organization’s internal schedule, comply with the work schedule and follow the job description. Improper performance of official duties leads to dismissal, and in some cases, employers dismiss negligent employees under the article.
Let us consider in more detail the violations for which dismissal may follow:
Failure or improper performanceResponsibilities are when an employee has certain labor obligations, and he may well cope with them on his own, but does not do this for unknown reasons.
Выявить этот факт может кто угодно:from a manager to an ordinary client who was not served by the employee. If the non-fulfillment is revealed by the head of the department, then he must record this event in a memorandum to the senior management. If it was a client, he can make a complaint and also refer it to the management. Such a document is the basis for checking an employee for improper performance of official duties.
By itself, a complaint is not grounds forto bring a person to disciplinary responsibility, but if during the test the facts stated in it are confirmed, this can serve as the beginning of the dismissal process.
There are cases where the duties of an employeeincludes the execution of various orders. To protect themselves from possible misunderstandings, management should set out such tasks in writing and give to get acquainted with them under the signature. In the case when a job is ignored, this also needs to be fixed.
The legislation does not establish a list of personswhich may reveal improper performance of the work. As mentioned earlier, this could be anyone. It is important that all the information contained in the note be true.
A sample of the staff report is presented below:
And before you punish an employee, you shouldfind out the reason for this behavior. It may be that he simply does not know how to do what is demanded of him. But he does not know how and does not want to be able to - these are two different concepts. And this, too, must be taken into account.
It is better to say that the employee does not cope with the specified duties if he really does not have the necessary skills or abilities that are necessary for a successful outcome of the case.
By law, an employer is not required to train hisemployees, but practice shows that many applicants need it. Therefore, before you require something from a new employee, it is better to provide him with an unpaid internship with a more experienced employee.
If the improper performance of official duties (article of the Labor Code of the Russian Federation 192) has been proven, then the management can proceed to the dismissal process. This procedure occurs in several stages:
1. Recognition of the facts.Any task that the employee must perform must be reflected in writing and given to him under the signature. If this instruction is not fulfilled, this event is recorded in a special act or in a memorandum (an example of a memorandum is presented below).
2. Conducting a check on the fact of default. At this stage, should be collected all the information that prove the improper performance of obligations.
3. Getting explanations from the employee.This step is considered mandatory. If the employee did not fulfill the assigned task and did not write an explanatory note on this matter, this does not mean that the process leading to the punishment should be stopped. The explanatory note may serve as a basis for bringing the person to responsibility, as well as prove his innocence, in other words, to confirm that the non-execution did not happen on purpose. It is important to know that if the manager has assigned a task that is not part of the official duties of the employee, and he has not fulfilled it, this is not a ground for disciplinary punishment.
If the explanatory is provided, then:
When a violation does not entail seriousconsequences for the company, the employer may be limited to a remark or a reprimand. More serious misconduct must lead to termination of the working relationship with the employee.
4. Edition of the order.The order is issued in the case when a disciplinary sanction in the form of dismissal is imposed. It should reflect the facts about the presence of previous comments or reprimands, acts that reflect unfulfilled obligations, as well as a description of violations (place, time period, circumstances and documents confirming this).
The submitted documents are the reasons for termination of the employment contract at the initiative of the employer.
To submit to managementexplanatory, the employee is given two days from the moment he read the request for this document. If the punishment is inevitable, then the employer must execute it within a month from the moment when the improper performance of official duties is detected. This period may be extended if the employee was on sick leave.
Disciplinary penalties do not apply if more than six months have passed since the violation.
In case of violations that are revealed by audits or audit, the punishment of the employee must follow within 2 years from the moment of their discovery.
According to legislation, there are categories of workers who can not be subject to disciplinary action in any case. These include:
If the employer did not violate paragraphs of art. five.27 of the Administrative Code of the Russian Federation, and it was also proven that the employee failed to fulfill his labor obligations, it is possible to issue an order of dismissal. This document must contain all the necessary information proving the fact of guilt.
The employee himself must be familiar with this.by order. If he did not want to do this, it is necessary to draw up an act fixing this circumstance. And already in the order of dismissal indicate all grounds for termination of the employment contract on the initiative of the employer and the relevant documents confirming the guilt of the employee.
As for compensation payments,Dismissal under the above circumstances does not provide for payment of any special allowance. Employee relied only salary and vacation (if vacation is merited and not otuglyan).
Entries in the workbook and in the personal file must be made on the basis of the order. Recruit personnel when writing to Art. 81 of the Labor Code of the Russian Federation.
If the employer applies this type of punishment,as a penalty for non-performance of official duties, then this must be approached with the utmost seriousness. At the slightest flaws and the possibility to challenge the decision of the employer in court, penalties may be imposed on the latter.
When dismissing you must check:
If the employer made mistakes and the resultThe dismissal was challenged in court, then he would be brought to administrative responsibility. In addition, he will be obliged to restore the employee and pay him a compensation reward.
By the way, for managers also provides for the responsibility prescribed in Art. 5.27 Administrative Code of the Russian Federation. In this case, any administrative punishment is applied only by state bodies.
As such the legal consequences of dismissalaccording to art. 81 a citizen is not. But the record corresponding to this article will not very well affect the status of a person when he wants to triple another job.
Dismissal for improper performance of official duties - this is not a reason to end his working career, but one does not need to allow such records in the labor form.
Judicial practice shows that the fact of dismissal can be contested:
