One of the employees in a small team has turned his colleagues against him, and they are demanding that the owner of the enterprise dismiss this employee. He himself does not wish to resign, and there are no serious violations that could serve as grounds for dismissal.
At the same time, a conflict situation seriously worsens the microclimate at the enterprise and the overall efficiency of work. What should an employer do to avoid violating labor legislation concerning a specific employee while also fulfilling the wishes of others who categorically do not want to work with him?
Can a collective letter from employees serve as sufficient grounds for dismissal, for example?
Alevtina Grigorenko, lawyer:
– From the question, it follows that a tense moral atmosphere has developed in the team, which, according to both the employer and the employees, negatively affects both the working microclimate and the efficiency and quality of labor as a whole.
According to Article 28, Part 2 of the Labor Code, the employer is obliged to pay employees the agreed salary and ensure fair, safe, and non-harmful working conditions. Working conditions include not only safety and hygiene at the workplace but also the overall working environment, including relationships within the team.
In general, the quality of labor is determined by the level of professional training of the employee, their knowledge and skills, as well as the conditions under which the work is performed. In practice, the assessment of labor quality is most often applied for material incentives for employees — for example, when awarding bonuses and other allowances.
Within the framework of current legislation, the employer has the right to take various measures to improve the microclimate in the team. These can include explanatory conversations with employees, joint meetings of the team, team-building activities, organizing joint leisure, and other similar actions. Such measures align with the employer's obligation to ensure a proper working environment, as working conditions include not only physical safety but also the psychological climate at the enterprise.
As for the possibility of terminating the employment contract with an employee who has turned the team against him — it is important to understand that dismissal at the initiative of the employer is only possible on the grounds provided for in Article 101 of the Labor Code. On the one hand, the assessment of how an employee performs their job duties falls within the employer's competence — but, on the other hand, the decision to dismiss must be based on specific legal norms.
Negative attitudes from the team towards an employee — for example, due to some peculiarities of their character or other subjective reasons — in itself is a contentious basis and does not always serve as a legal reason for terminating employment relations. If the conflict cannot be resolved internally, the final decision on the disputed situation is made by the court.
Thus, the employer should first attempt to restore normal communication within the team. However, if there are objective reasons to believe that the behavior or actions of a specific employee are indeed worsening the working environment and violating the employment contract or internal labor regulations, the employer has the right to initiate the dismissal of such an employee.
However, it is important to understand that the latter has the right to challenge the legality of the dismissal in court. In any case, a collective letter from employees demanding the dismissal of a colleague cannot, in itself, serve as grounds for terminating the employment contract with this employee, as such grounds are not provided for in the Labor Code.
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