The dismissal of an employee is not a pleasant thing, whether is a colleague or a subordinate. Dismissal of an employee in many cases might be one of the most important tasks, if not the most important, considering the dismissal repercussions of an entire company, especially if is done illegally.

The dismissal of an employee may represent a turning point for the organization, meaning that either could lead to the strengthening of the collective, to a greater confidence in the organization or, in the contrary may it could lead to the staff division, all depending on how well it is prepared and carried out the process dismissal of an employee. Also, may occur a state of repulsion or fear against employer. The employees unaffected by the dismissal notice will analyze and judge the mode the dismissal took place and will put ourselves in this situation from both sides and make their points of view.

Precisely for this reason, as a rule of any dismissal, it`s always better to plan in detail and carefully the whole process of dismissal and motivate the decision from a legal perspective and social terms.

The dismissal of an employee involves two parts: the lawfulness of the decision (in which case it is advisable to consult a specialized lawyer) and the manner in which the dismissal occurs concerning face to face communication with the dismiss employee.

If the form conditions regarding the dismissal decision are easily accomplished by asking a lawyer specialized in labor law, in case of the manner in which the dismissal decision must be communicated aren`t certain. And when aren`t written rules, the practice is the one that dictates a certain behavior and the practice experience is enough to make the dismissing process an event worthy for both, employee and employer.

1. Invite the employee to a discussion

It matters very much how the employer inform the employee that will be dismissed.

Always manage the speech used in the meeting. Use a short and briefly speech, telling him about the plans to dismiss in maximum 30 seconds from the start of the discussion. Do not present too many details about the reasons why he was dismissed to avoid contradictory discussions.

Empathizes with the dismissed employee, but keep a professional distance and under any circumstances do not tell him that you’re sorry.

Sometimes employers commit a serious error: they aren`t direct enough and don`t call things by name, preferring either to shirk from telling the real reasons for the dismissal, or to transmit more details than it is necessary and giving to the employee the chance to start a contradictory discussion. Never speak more than it is necessary.

Do not get angry or emotional and don`t be physically or verbally violent with the employee.

2. The meeting should take place in a retired place far from other employees

Personally, we recommend that the discussion take place in the office of the human resources manager or in any other place away from colleagues’ indiscretions.

You don’t know how the employee will react hearing the dismissal decision and you don’t want him to feel humiliated for the reactions and words that will say in front with other employees.

Also is recommended that other two persons, except the employer and the employee to be in the room were the discussion take place and if needed to testify about what happened during the discussion or to prevent radical gestures from the employee.

3. Change the access codes of the employee and restrict the access to the e-mail and the documents of the company.

During the informational meeting, it is recommended that the passwords from e-mail to be changed to restrict the employee access to the electronic documents.

You never know what documents the employee will take away and use in a potential lawsuit or against company.

Also, ask him to give the access cards from the company and all the documents that possess.

4. Inform the employee that you no longer need his services

If is not absolutely necessary the presence of the employee, except when he benefit from a notice period (in case of collective dismissal because of the job abolition), it is recommended to inform the employee throw a notice that you no longer need his services and his presence in the company and that the notice period shall be paid by the employer.

It is preferable that the employee no longer came to work for 2 reasons: he can take his time searching a new job and you can avoid taking away documents or being in touch with other employees that could strain the job situation.

Mutually agree one day in which the employee to take their personal items from the office, preferably after the end of working hours in order to avoid meeting with other employees.

It is recommended that one of the men from the security service to be present near the office where the discussion take place and, if things escalate, to intervene and escort the employee outside the unit.

5. Offer to the employee the possibility to end the labor relations by parties’ agreement

The end of labor relations by parties’ agreement is the least risky way to end an individual labor contract.

In general, reported to the previously position of the dismissed employee and the reason of ending labor contract, the employee can benefit from a monetary compensation which can be negotiated.

For the employer, this compensation could be considered a loss, but a controlled one.

In the event of a lawsuit, if the dismissal decision is canceled, the risk consist in the obligation of the employer to pay a larger amount of money to compensate the illegal dismissal and in addition must reintegrate the employee in his previous labor position (obviously if the employee wants).

Considering that the legal precedent is not a source of law in the current legislation, the courts solution can be a surprising one for the employer. We can discuss of two solutions: the court may admit the appeal of the employee and compel the employer to pay a compensation for illegal dismissal and reintegrate the employee on the previously labor position or the court may replace the disciplinary sanction with a milder one (in cause of dismiss because of the violation of labor discipline) with the same consequence payment of a compensation and reintegration of the employee in the previous labor position.

These are some of the reasons for which is preferable ending the individual labor contract by parties’ agreement.