How do I fire an unruly employee?How do I fire an unruly employee?
Nowadays, the dismissal of employees is a very common problem in dealing with work. However, dismissal is not that easy, it has strict formalities, there are statutory rules and regulations. The purpose of this article is to discuss how to dismiss a bad employee so that it can be done legally and reasonably.
1. Forced dismissal.
According to the requirements of the Labor Contract Law, the company must issue a notice of dismissal to the company 30 days before resignation, and during this period, the company's work and work must be handed over, and the company's social insurance transfer procedures must be completed. According to Article 47 of the Labor Law, after the termination of the employment relationship between the employer and the employee, the employer shall pay the employee economic compensation according to the length of time the employee has worked: the employee shall be given one month's economic compensation for one year of service;where it exceeds six months but does not reach one year, it shall be limited to one year;If it is less than 6 months, it will be paid according to the salary of the current month;Compensation for dismissal of employees in accordance with the general procedure n = length of service Average remuneration for the 12 months prior to dismissal.
2. Dismissal by agreement.
Before terminating an employee, it is necessary to communicate with them. You can tell your employee why they were fired and give them a chance to defend themselves. Be sure to express your decision to leave in an open, respectful, and clear manner.
If the employee resigns voluntarily, monetary compensation can be minimized, and if difficulties are encountered, the boss, manager, and human resources department can take turns talking to him to reach an agreement in the shortest possible time.
3. Collect evidence and force dismissal.
1.Collect proof: This situation includes: the employee repeatedly violates the company's rules and regulations, such as being often late, absent from class, disrespecting colleagues, and unable to take the initiative to do the assigned work.
2.Talk and persuasion: Let the employee's supervisor or manager talk to the employee, persuade them to comply with the company's regulations, and conduct job training for all employees of the company or strengthen the publicity of the company's rules and regulations.
3.Mandatory dismissal: The company has the right to forcibly dismiss employees who have repeatedly dismissed them without any compensation or loss. The employee has committed a material violation of the employer's regulations under the Labor Law;Significant impact on work;In the event of serious dereliction of duty, personal gain, or heavy losses to the employer, the employer may be forcibly dismissed.
All in all, the dismissal of a bad employee is a very complex and sensitive procedure that must be approached with caution. By understanding the relevant laws and regulations, establishing clear reasons for dismissal, collecting evidence, communicating with employees, following the company's procedures, seeking legal advice, considering alternatives, creating a good company culture, establishing an effective communication channel, and establishing an effective reward system, in order to protect the interests of the company and employees.