Is it possible to dismiss the failure to fulfill the plan. Can an employee be fired for not meeting the sales plan? The new owner changed the CEO. It was a former commercial director. How to arrange it

In the section "Rights of the employer" of the labor contract there is a clause according to which the employer has the right to dismiss the employee on the basis of failure to fulfill the planned target for one of the indicators for a specific month. If an employee in one of the months does not complete the task according to one of the indicators and the employer, on the basis of an employment contract, decides to dismiss this employee, does the employee have the right to appeal this decision? What are the consequences for the employer?

E. Simonova, Tver

Establishing a sales plan for an employee does not contradict labor law requirements. At the same time, termination of an employment contract with an employee due to failure to fulfill the planned target contradicts the norms of the Labor Code of the Russian Federation for the following reasons.

Article 77 of the Labor Code of the Russian Federation contains general grounds for terminating an employment contract. There is no such reason as termination of an employment contract due to non-fulfillment of the planned target in the Code.

An employment contract may be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws (part 2 of article 77 of the Labor Code of the Russian Federation).

Today, neither the Labor Code of the Russian Federation, nor federal laws contain such grounds that allow employers to terminate labor relations with employees in connection with failure to fulfill the sales plan.

There is another opinion that in these circumstances the employee can be dismissed on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation - in case of repeated non-fulfillment of labor duties without good reason, if he has a disciplinary sanction. But this conclusion is legally incorrect, which is confirmed by judicial practice.

What will happen if the organization decides to fire the employee on the basis specified in the employment contract?

In accordance with Art. 352 of the Labor Code of the Russian Federation, everyone has the right to protect their labor rights and freedoms in all ways that are not prohibited by law. Among them - judicial protection and state supervision and control over the observance of labor legislation and other regulatory legal acts containing labor law norms (Article 352 of the Labor Code of the Russian Federation).

If an employee turns to the labor inspectorate with a complaint, the state legal labor inspector, based on the results of the inspection, will issue an order demanding that the employee be reinstated at work in his previous position with payment for forced absence. In addition, according to Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor and labor protection legislation entails a fine for officials in the amount of 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. When applying to the court with a statement of claim to resolve an individual labor dispute, the employee will have every reason to be reinstated at work. And the employer will be charged the amount of earnings during the forced absence and the amount of compensation for moral damage.

Output. Dismissal of an employee due to non-fulfillment of the sales plan is illegal. It is possible to resolve the issue of dismissing an employee without negative consequences for the employer on the basis of Art. 78 of the Labor Code of the Russian Federation - termination of an employment contract by agreement of the parties.

From the Decision of the Arsenyevsky City Court of the Primorsky Territory of 13.07.2009

Having considered in open court the civil case on K.'s claim against the individual entrepreneur H. for reinstatement at work, recovery of average earnings during the forced absence and compensation for moral damage, the court established the following.

K. applied to the court with the aforementioned claim, substantiating her claims by the fact that on June 14, 2008, Kh. Had been hired as a seller-consultant. By order of H., she was dismissed for monthly non-fulfillment of the plan based on the results of work over the past five months. An entry was made in the work book: “To dismiss by agreement of the parties, paragraph 4 of Art. 77 of the Labor Code of the Russian Federation ". But this article provides for dismissal at the initiative of the administration, and not by agreement of the parties. The plaintiff considers the dismissal to be illegal, since the Labor Code does not provide for dismissal of an employee for failure to fulfill the plan at the initiative of the administration.

Defendant H. at the hearing did not admit the claim, explaining that the store has plans for the department and for each seller. The plaintiff did not fulfill the plan; according to the results of work for six months of 2009, she has the lowest rates. Therefore, an order was issued for her dismissal, at the general meeting the reason for her dismissal was announced.

When dismissing the plaintiff, the personnel department made a mistake, he fired her under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation for non-fulfillment of labor duties, but is ready to amend the work book. No disciplinary action was imposed on the plaintiff for failure to fulfill her job duties.

As follows from the explanations of the defendant, in fact, the plaintiff was dismissed on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation for repeated non-fulfillment of labor duties without good reason, and a mistake was made in the order of dismissal.

In addition, Art. 81 of the Labor Code of the Russian Federation does not provide for failure to fulfill the plan as a basis for dismissing an employee. Therefore, the dismissal of the plaintiff for monthly failure to fulfill the plan is illegal and she must be reinstated at work.

Thus, the court found that K.'s claim was justified and subject to satisfaction, however, the amount of compensation for moral damage was clearly overstated and did not meet the requirements of reasonableness and fairness, and therefore it must be reduced.

Hello. I work in a bank, I am forced to write an application of my own free will because of not fulfilling my official duties (not fulfilling the plan for loan applications and the quality of work). They said, if I don't sign, they will be fired under the article. The job description says that the employee must fulfill the fixed plan. But no one could show me the numbers of this plan! Are they doing the right thing? and can they be fired under the article?

Lawyers Answers (3)

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In case of dismissal of an employee for failure to fulfill the plan, the employer will act unlawfully.

According to Art. 81 of the Labor Code of the Russian Federation established the grounds for dismissing an employee at the initiative of the employer.

Among these grounds are:

An employment contract may be terminated by the employer in the following cases:

3) inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;

5) repeated non-performance by the employee without good reason of labor duties, if he has a disciplinary sanction,

6) one-time gross violation of labor duties by an employee:

Dismissal under item 3

it is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if this is provided for by the collective agreement, agreements, labor contract.

For failure to meet the production rate, it is possible to reduce the bonus in accordance with the provisions on bonuses, but not terminate the employment contract on the initiative of the employer.

I believe that in case of termination of an employment contract on the initiative of the employer, under these circumstances, you will be able to appeal it in court within one month.

In any case, the employer's actions are illegal because the employee must know the number of contracts that he must conclude per day, month, that is, per unit of time.

You have the right to file a complaint with the labor inspectorate and ask them to clarify whether the employer is acting lawfully.

The only reason for termination of an employment contract in which dismissal is possible is clause 3, that is, the employee is inconsistent with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

The procedure for attestation is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

The procedure is quite complicated and must be followed by the employer.

According to Art. 195.1 of the Labor Code of the Russian Federation

Employee qualification - the level of knowledge, skills, professional skills and work experience of the employee.

The results of the attestation commission must show that it is insufficient for the employee.

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Do they have the right to fire me for not meeting the sales plan?

Account deleted (02/21/2014 at 00:48:54)

To begin with, Art. 261 of the Labor Code of the Russian Federation provides for a number of guarantees for persons with family responsibilities upon termination of an employment contract. In particular, the prohibition on dismissal at the initiative of the employer of a woman: "a single mother raising a disabled child under the age of eighteen or a child under the age of fourteen." Based on the question, your child is under 14 years old, so this rule applies to you, but it has exceptions. Parts 1 (liquidation of an organization), 5 (failure to perform labor duties) 8, 10 or 11 (they are not suitable for you, because they are more related to managers) of Article 81 of the Labor Code of the Russian Federation apply to you... That is, according to reduce (part 2), or by inappropriate position (part 3) fire you can not... if you are a really single mother. That is, now you can only be let down under Part 5 of Art. 81 of the Labor Code of the Russian Federation.

Receiving one disciplinary sanction is not yet a reason for your dismissal, because under Part 5 of Art. 81 of the Labor Code of the Russian Federation, in addition to him, you need to continue not to perform work duties without a good reason. In addition, you can appeal the disciplinary sanction itself to the Labor Inspectorate, the Labor Code (if you have one at work), or the court (when filing a claim, you are exempt from duties and court fees -393 of the Labor Code of the Russian Federation). It is better to write explanatory statements when imposing disciplinary sanctions, otherwise, in any case, an act of refusal will be drawn up and failure to submit an explanation will not be an obstacle to the application of disciplinary sanctions. Anyway, I personally consider the application of disciplinary action in case of non-fulfillment of sales to be a distortion of the law. For example, in Decision 2-1974 / 2013 of the Leninsky District Court of Nizhny Novgorod, the judge wrote the following in the decision to reinstate an employee upon dismissal for non-fulfillment of sales: "Failure to fulfill the plan in itself cannot be the basis for the employee's disciplinary liability. It must be conditioned by the guilty behavior of the employee, for which it must be established with certainty what the employee was guilty of, what he did not do, but had to do to fulfill the plan . ". As you can see, if you do the work in good faith, try to fulfill the plan, but for reasons beyond your control it cannot be executed, then I think that this is not a reason for imposing a penalty on you. But the opinions of the judges are different, therefore, it is impossible to say unequivocally. If you do go to court, then be sure to insist that you are a conscientious worker. That you are fulfilling the plan, and not just staggering around. And even better if there are witnesses who will confirm your merits. This can there may even be dismissed employees, but it is desirable that they were dismissed by their own / or agreement of the parties, otherwise the court may consider them interested parties.

Now you navryatli something you can do, somehow influence the employer. Of course, you can not sign the sales plan, but for sure the personnel officer will simply draw up an act stating that you have been familiar with it. But personally, I obviously see the fact that in case of your dismissal, the court with 99% probability will reinstate you at work with all compensations (downtime, moral damage - if you demand, etc.). Most importantly, do not be afraid to go to court and always defend your point of view. Try not so much to blame the employer as to present yourself as a good and respectable employee.

Read also: Is it possible to close the sick leave in another clinic

Can an employee be fired for not meeting the sales plan?

What will happen if the organization decides to fire the employee on the basis specified in the employment contract?

If an employee turns to the labor inspectorate with a complaint, the state legal labor inspector, based on the results of the inspection, will issue an order demanding that the employee be reinstated at work in his previous position with payment for forced absence. In addition, according to Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and labor protection entails a fine for officials in the amount of 1,000 to 5,000 rubles. for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. When applying to the court with a statement of claim to resolve an individual labor dispute, the employee will have every reason to be reinstated at work. And the employer will be charged the amount of earnings during the forced absence and the amount of compensation for moral damage.

From the Decision of the Arsenyevsky City Court of the Primorsky Territory of 13.07.2009

They want to be fired for not fulfilling the sales plan

The approximate text of the statement may be as follows:

"I, full name, work in" ... "(indicate the name of the employer's organization and its legal form of ownership (LLC, individual entrepreneur, OJSC, etc.) in the position" ... "from" ___ "_______________ 20__ to the present ...

The employer contacted me (indicate the date) to write a letter of resignation of my own free will. In accordance with Art. 80 of the Labor Code of the Russian Federation, dismissal of my own free will is the initiative of the employee, and therefore the employer has no right to demand this from me.

I refuse to write a letter of resignation of my own free will and ask to carry out the procedure for reducing the number or staff in accordance with the requirement of labor law: Art. 81, 82, 178, 179, 180, 127, 140, 84.1 of the Labor Code of the Russian Federation, the Rules on regular and additional vacations approved by the NKT of the USSR on April 30, 1930 No. 169 and the Rostrud protocol of June 19, 2014 No. 2.

You submit your application in the following ways (optional):

- through the secretariat of the organization, so that on the second copy you will be given the incoming number and the official's mark on the acceptance of this application;

- by registered mail with return receipt and a list of attachments;

- via courier service;

- from mail by fax or e-mail.

Listen, here all the documents need to be signed, take copies certified of these documents, and then write a statement of disagreement or refusal of the assigned tasks on these documents, giving justification.

And what's the point that you also refused to sign the Act, this does not give you anything at all, you have to collect documents, everything that the employer imposes on you, even so that you can go with them later with a complaint to the authorities.

I always write to write explanatory notes, to sign all the documents, especially since, as a rule, these documents need to be written there, that they are "familiar", and not consent must be expressed in writing, and not with such stupidity as refused to sign the document, It doesn't give you anything, it only hurts you.

Victoria, good evening! Today I was handed a disciplinary order - a remark - for failure to fulfill the tasks that were assigned to me on 11/23. On this occasion, I wrote an explanatory note. I wrote to you earlier that the requirements were too high. Today I turned to our local GIT, where I was told that I need to apply through the website of the GIT in Moscow, since I was disciplined by the general director who is in Moscow. I have a question, do I need to apply to both the labor inspection and the court? Or while it is possible only to the labor inspection, to leave a complaint through the site? And another question, can I not be paid a bonus? Does the labor contract state that other payments are made to the Employee, provided for by the regulations on wages and bonuses? How can the disciplinary sanction affect the non-payment of the premium? Thank you in advance, Victoria!

The main thing here is not to miss the deadline for going to court. An employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right.

And therefore, if you submit a complaint through the Internet, then it is 30 days for a response from the State Information Technology Institute.

If you want, you can wait for this answer, or you can at the same time in the State Inspectorate and the court, so as not to miss the deadline, and get the result.

Yes, the employer's LNA may indicate that the bonus in this case is either not paid or in a smaller amount.

You wrote the explanatory note, as I advised you - in detail, indicating that the sales plan is too high, with an analysis of the results of other employees, so that the question arose why only you are being punished.

And this is all to describe in the GIT and in court.

I had to go to the labor inspectorate during working hours, since the opening hours are only on weekdays. For my absence from the workplace, I was also forced to write an explanatory note. Perhaps this is still a good reason - visiting the labor inspection?

Why go to labor, to the prosecutor's office, etc. if you can write through the Internet.

You can submit an application to the authority through the Internet on the website of these organizations (except for the court), the answer in this case is within 30 days.

And in the explanatory note, write that you filed a complaint against the employer on the fact of such and such, tk. the employer has violated …….

Victoria, good evening! Largely thanks to your advice, I am still working in the company. True, December was morally difficult, but even in such a situation I managed to work. In January, everything calmed down. 7:12 am I applied for the online inspection site, but after 30 days there was no response. I wrote to them, they told me that I need to call before the inspection, but it is not possible to do this, all the time is busy. The only thing that I managed to find out (from our HR department, the head of the department called me) was that an unscheduled inspection was scheduled for my company, though only for September. Maybe because of my statement, maybe not. The company registered me as a disabled employee, it is beneficial for them. The HR manager carefully advised me to look for other vacancies. But temporarily, for a month, I worked quietly. Today my director asked me if I would quit if they fulfill my condition and pay 1 salary. I agreed, subject to the payment of 2 salaries and a bonus. The answer has not yet been given. I have a question regarding disciplinary action. The head of the personnel department said that they do not fit into the work of the book, no one will see them. It's right? Simply, since there is no response from the labor inspectorate for the removal of penalties, then I need to go to court? Or is it not necessary? And, if they nevertheless agree to my terms, how and what document do I need to draw up in order to receive the promised payments? Thank!

Account deleted (02/21/2014 at 00:48:54)

Hello!

To begin with, Art. 261 of the Labor Code of the Russian Federation provides for a number of guarantees for persons with family responsibilities when. In particular, a ban on dismissal at the initiative of the employer of a woman: "a single mother raising a disabled child under the age of eighteen or a child under the age of fourteen." Based on the question, your child is under 14 years old, so this rule applies to you, but it has exceptions. Parts 1 (liquidation of an organization), 5 (failure to perform labor duties) 8, 10 or 11 (they are not suitable for you, because it refers more to managers) of Article 81 of the Labor Code of the Russian Federation apply to you... That is, according to reduce (part 2), or by inappropriate position (part 3) fire you can notif you are a really single mother. That is, now you can only be let down under Part 5 of Art. 81 of the Labor Code of the Russian Federation.

Receiving one disciplinary sanction is not yet a reason for your dismissal, because under Part 5 of Art. 81 of the Labor Code of the Russian Federation, in addition to him, you need to continue not to perform work duties without a good reason. In addition, you can appeal the disciplinary sanction itself to the Labor Inspectorate, the Labor Code (if you have one at work), or the court (if you are exempt from duties and court expenses -393 of the Labor Code of the Russian Federation). It is better to write explanatory statements when imposing disciplinary sanctions, otherwise, in any case, an act of refusal will be drawn up and failure to submit an explanation will not be an obstacle to the application of a disciplinary sanction. Anyway, I personally consider the application of disciplinary action in case of non-fulfillment of sales to be a distortion of the law. For example, in Decision 2-1974 / 2013 of the Leninsky city of Nizhny Novgorod, the judge, in the decision to reinstate an employee upon dismissal for non-fulfillment of sales, wrote the following: "Failure to fulfill the plan in itself cannot be the basis for the employee's disciplinary liability. It must be conditioned by the guilty behavior of the employee, for which it must be established with certainty what the employee was guilty of, what he did not do, but had to do to fulfill the plan. ". As you can see, if you do the work in good faith, try to fulfill the plan, but for reasons beyond your control it cannot be executed, then I think that this is not a reason for imposing a penalty on you. But the opinions of the judges are different, therefore, it is impossible to say unequivocally. If you do go to court, then be sure to insist that you are a conscientious worker. That you are fulfilling the plan, and not just staggering around. And even better if there are witnesses who will confirm your merits. This can there may even be dismissed employees, but it is desirable that they were dismissed by their own / or agreement of the parties, otherwise the court may consider them interested parties.

Now you navryatli something you can do, somehow influence the employer. Of course, you can not sign the sales plan, but for sure the personnel officer will simply draw up an act stating that you have been familiar with it. But personally, I obviously see the fact that in the event of your dismissal, the court with a 99% probability will reinstate you at work with all compensation (downtime, if you demand, etc.). Most importantly, do not be afraid to go to court and always defend your point of view. Try not so much to blame the employer as to present yourself as a good and respectable employee.

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Question

How to fire a sales manager for not fulfilling the sales plan, and what documents to support the legality of the dismissal. What should be spelled out in the employment contract and instructions. How to fix the sales plan correctly.

Answer

It is impossible to fire a manager for not fulfilling the sales plan. The law does not provide for such a basis.

At the same time, if the employee's job responsibilities include fulfilling the sales plan, but the employee does not fulfill it, disciplinary action may be imposed on him. In case of repeated misconduct, he can be dismissed on the basis of clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. You can familiarize yourself with the dismissal procedure in the justification.

In order to be able to fire an employee on the above grounds, it is necessary to explicitly indicate in the contract (in the section on job responsibilities) that the employee is obliged to fulfill the monthly sales plan. This plan can be drawn up as an appendix to the contract, but taking into account the specifics of the activity, it can be prescribed that the sales plan is delivered to the employee via e-mail (delivered personally against signature).

Typically, companies stipulate that the salary of salespeople consists of two parts - salary and bonus. The amount of the bonus depends on whether the plan is fulfilled or not. This should be stated in the Regulations on Remuneration.

It is necessary to check whether the employee is familiar with the Regulations on wages against signature. In the event of a dispute, this will confirm in court that the sales manager knew that his salary was linked to the sales plan and that he should have produced the required results. It is enough to present a copy of the Regulations on Remuneration, under which the employee's signature is. If there is no signature, you will have to build evidence, relying on the job description and employment contract, on the features of the employee's labor function.

In addition, in court, you can refer to the fact (in the event of a dispute) that the employee was familiar with the specifics of the work of a sales manager, since before joining the company he had experience in such a position. This will confirm his resume and successful sales experience in your company (ruling of the Moscow City Court dated 18.02.2013 No. 11-4675).

The rationale for this position is given below in the materials of "Systems Kadry" .

“Grounds for dismissal.

In what cases an employee can be dismissed for non-performance of labor duties.

If an employee, without a valid reason, repeatedly violates labor discipline or does not perform his functions in full or within the required period, he can be dismissed for repeated failure to fulfill his job duties. This basis for dismissal is provided for by paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation.

In order for the dismissal on the specified basis to be legal and justified, the following conditions must be met simultaneously:

an employee does not perform work duties without good reason;
the employee commits a violation again, that is, he already has at least one unreleased or outstanding disciplinary sanction in the form of a remark or reprimand.

Such explanations are also given in paragraph 33 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2. *

Types of violations

A question from practice: what actions of an employee can be attributed to non-performance of labor duties.

Non-fulfillment of labor duties is a violation of the requirements of labor legislation, obligations under an employment contract, local regulations: Labor regulations, job descriptions, regulations, orders of management, technical rules, etc.

Such violations, in particular, are:

absence without good reason at work or workplace;
refusal of an employee, without good reason, to perform labor duties due to changes in labor standards (Article 162 of the Labor Code of the Russian Federation);
refusal or evasion of an employee without good reason from a medical examination, if it is mandatory for him;
refusal of an employee, without good reason, to undergo special training during working hours and pass exams in labor protection, safety measures, if this is a prerequisite for admission to work.

This is stated in paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

Attention: dismissing an employee for repeated failure to perform job duties, be aware that these duties should really be assigned to it and set out in the employment contract, job description, and so on. n. (Art. 56 of the LC RF). Otherwise, the employee can appeal the disciplinary sanction, citing the fact that the scope of his job duties did not include one that he allegedly did not fulfill. In this case, the court may declare the dismissal unlawful, see, for example, the ruling of the St. Petersburg City Court dated June 18, 2012 No. 33-7866 / 2012 ". *

“The procedure for dismissal.

How to dismiss an employee for non-performance of work duties.

Dismissal for repeated failure to perform labor duties is also a disciplinary measure. Therefore, it must be carried out in accordance with the rules of Article 193 of the Labor Code of the Russian Federation. That is, it is necessary to fix the violation and demand an explanation from the offending employee, and then, taking into account the available facts, make a decision on collection or on the absence of grounds for collection.

Documentary confirmation.

What documents can be used to prove the employee's failure to fulfill his job duties?

Before imposing a disciplinary sanction, it is necessary to document the fact of the violation. Such evidence can be a memo from the employee's immediate supervisor.

Then ask the employee for a written explanation of the reasons for the default. Determine if these reasons are valid or disrespectful. If the employee does not provide written explanations after two working days, draw up an act about this.

This procedure is provided for in parts 1 and 2 of article 193 of the Labor Code of the Russian Federation. Courts take a similar position (see, for example, the appeal ruling of the Lipetsk Regional Court dated July 24, 2013 No. 33-1845-2013). *

A question from practice: what reasons for the employee's failure to fulfill his job duties are considered valid and do not allow him to be dismissed on this basis

There is no list of valid reasons for failure to perform labor duties in labor legislation. This issue must be resolved by the head of the organization in each specific situation, taking into account all the circumstances that influenced the employee's behavior (Article 193 of the Labor Code of the Russian Federation).

For example, failures in public transport, employee illness, accident, natural disaster and other emergencies can be recognized as valid reasons for not showing up for work. However, for this, the employee must not only name the reasons for the absence, but also document their validity with certificates from the relevant enterprises, acts, sick leaves, etc.

An unlawful requirement to fulfill:

work that is dangerous to the life or health of an employee (part 7 of article 220 of the Labor Code of the Russian Federation);
heavy or harmful work not provided for by an employment contract (part 7 of article 220 of the Labor Code of the Russian Federation).

Dismissal order.

How to draw up an order to dismiss an employee for repeated non-performance of labor duties.

When all evidence of non-performance of labor duties by an employee has been collected taking into account the total period for recovery, draw up an order of dismissal according to the unified form No. T-8, approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, or according to an independently developed form. Agree the draft order with the trade union if the employee is a member of a trade union (part 2 of article 82 of the Labor Code of the Russian Federation).

Next, familiarize the employee with the order for signature within three working days from the date of the order or receipt of a reasoned opinion of the trade union. The three-day period does not include the time the offender is absent from work. If the employee refuses to sign the order, draw up an act of refusal in any form. This is stated in part 6 of article 193 of the Labor Code of the Russian Federation.

Employment book, personal card.

How to enter in the work book and personal card a record of the employee's dismissal due to repeated failure to fulfill his job duties.

After the publication and approval of the order, make a record of the dismissal in the employee's work book (clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation). And close the employee's personal card (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

Dismissal term.

How long does it take to fire an employee for non-performance of work duties?

Dismissal must be carried out no later than one month from the date of discovery of the offense and six months from the date of its commission (part 3 of article 193 of the Labor Code of the Russian Federation). The course of this period is suspended for the time:

employee illness;
employee leave (main, additional, educational, unpaid leave);
necessary for the approval of the dismissal with the trade union.

This is stated in part 3 of article 193 of the Labor Code of the Russian Federation and paragraph 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

For more information on the timing of a disciplinary action, see How to Apply a Disciplinary Action. *

The income of any business directly depends on the success of sales. If the sales plan is not fulfilled or is being performed poorly, this can lead to big problems and even to its complete collapse. So that the situation does not force you to take extreme measures: budget and investment cuts, dismissal of workers and other unpleasant actions - you need to correctly understand the reasons for the failure to fulfill the sales plan.

One of the first reasons for not meeting a plan may be in the wrong sales. The plan can only be drawn up after the sales analysis has been performed. This is the most important point when creating a plan, because without it, most likely, there will be no result.

Factors

When selling, there are two types of factors - external and internal. External factors include what the entrepreneur cannot influence:

Seasonality. Certain products are relevant for certain seasons. For example, briquettes for lighting will be more in demand in the winter, and sun loungers and picnic accessories in the summer. This does not mean that in other seasons, these products will not be bought, but it is important to take into account the seasonal rise and fall sales.
Geographic location. Profits from stores in crowded areas exceed those of stores in residential areas. Businesses in the city center, near the metro, train station and other public places will also attract more customers.
Market and competition. If a competing company arranges large-scale promotions, sales and discounts, it will rather choose them, so a drop in sales will be obvious and expected.

These circumstances cannot be influenced, but they must be taken into account. These factors are unstable and constantly changing, so an entrepreneur must be able to quickly adapt to them.

External factors are unstable and constantly changing, so an entrepreneur must be able to quickly adapt to them.

In addition, there are internal factors that can be influenced:

Resources. The entrepreneur must have all the necessary resources - this will help in the planning and further promotion of the business. It is important to soberly assess the available funds so that unnecessary problems do not arise.
Accounting for sales forecasts. Planning will need to take into account both positive and negative outcomes. In the process of creating a sales plan, it will not do without errors, shortcomings and force majeure. For this, a pessimistic scenario is calculated. The calculation of the minimum sales is established, at which it is not necessary to reduce costs, and actions are planned in case the sales are below the established minimum.
Correctly trained employees of the enterprise. The employee must have knowledge of the product being sold, be competent and be able to deal with customers.
Motivation to fulfill the set goals. This factor is the most important of the internal organizational issues. Employees must be involved in the life of the enterprise, therefore the task of the manager is to interest the employee in work, taking into account his personal qualities and abilities.

Staff motivation

The staff is divided into two types - motivation to achieve and to avoid. The first method is used to maintain a positive and friendly atmosphere in the team, and the second is used to keep personnel under control. The ideal option would be to combine the two. To prevent the positive of achievement motivation from being mistaken for weakness, avoidance motivation is connected. This is done to keep employees from relaxing.

Achievement motivation is used to maintain a positive and friendly atmosphere in the team, and to keep personnel under control - to avoid.

It will take some resources to motivate employees. They can be both material (gifts, monetary rewards, etc.) and intangible (praise, advice on development, skills training).

Material rewards are to the liking of all employees, but managers give more preference to those enterprises where a friendly atmosphere and mutual respect, as well as good relations with superiors, prevail. These things are not directly related to sales, but motivate employees to work. A negatively-minded team is among the reasons for the failure to fulfill the sales plan.

Reasons for non-fulfillment of sales plans

Since the reasons for not fulfilling planning mainly depend on motivation, there are several rules to consider:

Knowing the needs of your own staff.
The motivation process must be constant, not stopping.
Motivation should be presented in the simplest and most obvious way. The easier it is for the employee to understand, the better.
Availability. The employee must understand - he does not have to "go out of his way" to get the good disposition of his superiors. It should be within reach.
Ability to motivate. This process is very similar to sales. Anyone who knows how to sell correctly - knows how to motivate well.

Other reasons for non-plan sales in the store:

Lack of actual goods as a result of problems with the purchase.
The presence of an irrelevant product at the moment.
Low qualification of consultants.
Out of stock.
Empty counters.
Products without a specified price.
The product is unknown to the buyer, that is, there is a lack of advertising.
Inconsistency between prices and quality.
Inconsistency between the declared price and the actual one.
Wrong display cases.

The shortage of buyers can be solved with the help - you just need to spend a certain amount of money on it. The most effective methods are considered to be advertising on the Internet, on billboards and television, as well as on city streets (leaflets and handouts).

Fulfillment of the sales plan is a responsible process that must be taken seriously, controlling all actions and influencing all events. There is no need to waste your strength in vain, because intervention may be needed at a certain time in a certain place.

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