Is it possible to dismiss the non-fulfillment of the plan. Can an employee be fired for not meeting sales targets? The new owner replaced the CEO. They became a former commercial director. How to arrange it

In the "Employer's Rights" section of the employment 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 particular month. If an employee fails to complete a task for one of the indicators in one of the months and the employer, on the basis of an employment contract, decides to dismiss this employee, does the employee have the right to appeal against such a decision? What are the consequences for the employer?

E. Simonova, Tver

Establishing a sales plan for an employee does not contradict the requirements of labor legislation. Along with this, the termination of an employment contract with an employee due to failure to fulfill the planned target is contrary to the norms Labor Code RF 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 ground as termination of an employment contract due to failure to fulfill a planned target in the Code.

An employment contract may also 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).

To date, neither the Labor Code of the Russian Federation, nor federal laws do not contain such grounds allowing employers to terminate labor Relations with employees due to non-fulfillment of the sales plan.

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

What happens if the organization decides to dismiss 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 by all means that are not prohibited by law. These include litigation and state supervision and control over compliance with labor legislation and other regulatory legal acts containing norms labor law(Article 352 of the Labor Code of the Russian Federation).

If an employee contacts labor inspection with a complaint, the state legal labor inspector, based on the results of the audit, will issue an order demanding the reinstatement of the employee at work in his previous position with payment for forced absenteeism. 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 going to court with 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 absenteeism and the amount of compensation for non-pecuniary damage.

Conclusion. Dismissal of an employee due to non-fulfillment of the sales plan is illegal. It is possible to resolve the issue of dismissal of 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 Arsenievsky City Court of Primorsky Krai dated 13.07.2009

Examined in the open court session civil case under the claim of K. to individual entrepreneur X. on reinstatement, recovery of average earnings for the time of forced absenteeism and compensation for non-pecuniary damage, the court found the following.

K. applied to the court with the above claim, substantiating her claims by the fact that on June 14, 2008 Kh. was hired as a sales assistant. By order of X., she was fired for monthly failure to fulfill the plan based on the results of work over the past five months. An entry was made in the work book: “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 illegal, since the Labor Code does not provide for the dismissal of an employee for failure to fulfill the plan at the initiative of the administration.

Defendant Kh. did not recognize the claim at the court session, 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 performance. Therefore, an order was issued for her dismissal, on general meeting the reason for the 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 make a correction in the work book. No disciplinary sanctions were imposed on the plaintiff for failure to fulfill labor duties.

As follows from the defendant's explanations, 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 failure to perform labor duties without good reason, and an error was made in the dismissal order.

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 dismissal of an employee. Therefore, the dismissal of the plaintiff for monthly non-fulfillment of the plan is illegal and she is subject to reinstatement at work.

Thus, the court found that K.'s claim was justified and subject to satisfaction, however, the amount of compensation for non-pecuniary damage is clearly overstated and does not meet the requirements of reasonableness and fairness, which is why it must be reduced.

Hello. I work in a bank, they force me to write a statement on own will due to non-fulfillment of official duties (non-fulfillment of the plan for loan applications and the quality of work). They said if I don't sign, they'll be fired under the article. AT job description it is written that the employee must fulfill the fixed plan. But nobody could show me the figures of this plan! are they doing it right? 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 comply with the plan, the employer will act unlawfully.

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

These grounds include:

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

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

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

6) a single gross violation of labor duties by an employee:

Dismissal under paragraph 3

is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided collective agreement, agreements, employment contract.

For non-fulfillment of the output norm, a reduction in the bonus is possible in accordance with the provisions on bonuses, but not termination of the employment contract at the initiative of the employer.

I believe that if the employment contract is terminated at the initiative of the employer under these circumstances, you will be able to appeal it in court within one month.

In any case, the actions of the employer 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 to clarify whether the employer is acting legally.

The only reason for terminating the employment contract, under which dismissal is possible, is clause 3, that is, the employee’s inconsistency with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

The certification procedure 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 workers.

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

Qualification of an employee - the level of knowledge, skills, professional skills and work experience of an employee.

results 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)

Let me start by saying that 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, 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, so this rule applies to you, but there are exceptions. Parts 1 (liquidation of the organization), 5 (non-fulfillment of labor duties) 8, 10 or 11 (they are not suitable for you, because it applies more to managers) of Article 81 of the Labor Code of the Russian Federation apply to you. That is, according to reduction(Part 2), or position mismatch(part 3) fire you can not. if you are truly a 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 it, you need to continue not to fulfill your labor duties without a good reason. In addition, you can appeal the disciplinary sanction itself to the labor inspectorate, the CTS (if you have one at work), or the court (when filing a claim, you are exempt from duties and court costs -393 of the Labor Code of the Russian Federation). Explanatory when superimposed disciplinary action it is better to write, otherwise, in any case, an act of refusal will be drawn up and failure to provide an explanation will not be an obstacle to the application of disciplinary action. And in general, I personally consider the application of a disciplinary sanction for 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, in the decision to reinstate an employee upon dismissal for failure to fulfill sales, wrote the following: "In itself, failure to fulfill the plan cannot be a basis for disciplinary liability of the employee. It must be due to the employee's guilty behavior, for which it must be established with certainty what the employee's fault was, 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 completed, then I think that this is not a reason to impose a penalty on you. But the opinions of the judges are different, therefore, it is impossible to say unequivocally. If you still reach the court, then be sure to insist that you are a conscientious worker. That you are fulfilling the plan, and not just staggering around doing nothing. And even better if there are witnesses who will confirm your merits. This can be and even dismissed employees, but it is desirable that they be dismissed by their own / or agreement of the parties, otherwise the court may consider them interested persons.

Now you can hardly do anything, 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 were familiar with it. But personally, I obviously see the fact that in the event of your dismissal, the court with 99% probability will reinstate you at work with all compensation (downtime, moral damage, if you require, etc.). Most importantly, do not be afraid to go to court and always defend your point of view. Try not to blame the employer there, but to present yourself as a good and respectable worker.

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

Can an employee be fired for not meeting sales targets?

Establishing a sales plan for an employee does not contradict the requirements of labor legislation. Along with this, the termination of an employment contract with an employee in connection with the failure to fulfill the planned task is contrary to the norms of the Labor Code of the Russian Federation for the following reasons.

To date, neither the Labor Code of the Russian Federation, nor federal laws contain such grounds that allow employers to terminate employment relations with employees due to failure to fulfill the sales plan.

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

What happens if the organization decides to dismiss 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 by all means that are not prohibited by law. Among them - judicial protection and state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms (Article 352 of the Labor Code of the Russian Federation).

If an employee applies to the labor inspectorate with a complaint, the state legal labor inspector, based on the results of the audit, will issue an order demanding that the employee be reinstated at work in his previous position with payment for forced absenteeism. 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 absenteeism and the amount of compensation for non-pecuniary damage.

From the Decision of the Arsenievsky City Court of Primorsky Krai dated 13.07.2009

Having considered in open court a civil case on the claim of K. against individual entrepreneur Kh. for reinstatement, recovery of average earnings for the time of forced absenteeism and compensation for non-pecuniary damage, the court found the following.

Defendant Kh. did not recognize the claim at the court session, 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 performance. Therefore, an order was issued to dismiss her, at a general meeting the reason for dismissal was announced.

They want to be fired for not meeting the sales plan

An example statement text might look like this:

“I, full name, work in “…” (indicate the name of the employer’s organization and its organizational and legal form of ownership (LLC, IP, OJSC, etc.) in the position of “…” from “___” _______________ 20__ to the present .

The employer contacted me (indicate the date) so that I would write a letter of resignation of my own free will. In accordance with Art. 80 of the Labor Code of the Russian Federation, voluntary dismissal is the initiative of the employee, and therefore the employer does not have the 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 requirements of labor legislation: Art. 81, 82, 178, 179, 180, 127, 140, 84.1 of the Labor Code of the Russian Federation, Rules on regular and additional holidays, approved by the NCT of the USSR on April 30, 1930 No. 169 and the protocol of Rostrud dated June 19, 2014 No. 2.

You can apply in the following ways (your choice):

- through the secretariat of the organization, so that on the second copy you are given an incoming number and a mark official about the acceptance of this application;

— by registered mail with a notice of receipt and a description of the attachment;

- through courier service;

- by fax or e-mail.

Listen, you need to sign all the documents, take certified copies 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, it gives you absolutely nothing, you have to collect documents, everything that the employer imposes on you, even so that you can later go with them with a complaint to the authorities.

I always write so that they write explanatory notes, so that all documents are signed, especially, as a rule, these documents need to be written there that they are “familiarized”, and not consent must be expressed in writing, and not with such stupidity as the document refused to sign, It does nothing for you, only harms you.

Victoria, good evening! Today I was handed an order for a disciplinary sanction - a remark - for not fulfilling the tasks that were set for me on 23.11. 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 they told me that I need to apply through the website of the GIT in Moscow, since the discipline is from the general director, who is in Moscow. I have a question, do I need to apply to both the labor inspectorate 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 premium? Does the labor contract stipulate that the Employee receives other payments provided for by the regulation on remuneration and bonuses? How can a disciplinary sanction affect the non-payment of the bonus? Thanks in advance, Victoria!

The main thing here is not to miss the deadlines for applying to the court. The 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 file a complaint through the Internet, then this is 30 days for a response from the GIT.

If you want, you can wait for this answer, or you can go to the GIT and to the court at the same time, so as not to miss the deadlines, and get the result.

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

You wrote an 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 arises 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 in working time, since the reception hours are only on weekdays. I was also forced to write an explanatory note for my absence from the workplace. Perhaps this is still a good reason - a visit to the labor inspection?

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

You can submit an application to the authorities via 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, because. the employer violated …….

Victoria, good evening! Largely thanks to your advice, I still work in the company. True, December was morally difficult, but even in such a situation I managed to work. Everything calmed down in January. 7.12 I applied to the online inspection site, but after 30 days there was no response. I wrote to them, they told me that I need to call the labor inspectorate, but it is not possible to do this, it is always busy. The only thing I managed to find out (from our personnel 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 head of human resources 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 fulfilled my condition, paid 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 book, no one will see them. It's right? Simply, since there is no answer from the Labor Inspectorate to remove penalties, does it mean that I need to go to court? Or not necessary? And, if they still agree to my terms, how and what document do I need to draw up in order to receive the promised payments? Thank you!

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

Hello!

Let me start by saying that 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, so this rule applies to you, but there are exceptions. Parts 1 (liquidation of the organization), 5 (non-fulfillment of labor duties) 8, 10 or 11 (they are not suitable for you, because it applies more to managers) of Article 81 of the Labor Code of the Russian Federation apply to you. That is, according to reduction(Part 2), or position mismatch(part 3) fire you can not if you are truly a 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 it, you need to continue not to fulfill your labor duties without a good reason. In addition, you can appeal the disciplinary sanction itself to the labor inspectorate, the CTS (if you have one at work), or the court (if you are exempt from duties and court costs -393 of the Labor Code of the Russian Federation). When imposing disciplinary sanctions, it is better to write explanatory notes, 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. And in general, I personally consider the application of a disciplinary sanction for 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 failure to fulfill sales wrote the following: "In itself, failure to fulfill the plan cannot be a basis for disciplinary liability of the employee. It must be due to the employee's guilty behavior, for which it must be established with certainty what the employee's fault was, 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 completed, then I think that this is not a reason to impose a penalty on you. But the opinions of the judges are different, therefore, it is impossible to say unequivocally. If you still reach the court, then be sure to insist that you are a conscientious worker. That you are fulfilling the plan, and not just staggering around doing nothing. And even better if there are witnesses who will confirm your merits. This can be and even dismissed employees, but it is desirable that they be dismissed by their own / or agreement of the parties, otherwise the court may consider them interested persons.

Now you can hardly do anything, 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 were familiar with it. But personally, I obviously see the fact that in the event of your dismissal, the court with 99% probability will reinstate you at work with all compensation (downtime, if you require, etc.). Most importantly, do not be afraid to go to court and always defend your point of view. Try not to blame the employer there, but to present yourself as a good and respectable worker.

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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 written in the employment contract and instructions. How to set up a sales plan.

Answer

You cannot fire a manager for not meeting the sales plan. There is no such basis in the law.

At the same time, if in official duties employee is the implementation of the sales plan, and the employee has not fulfilled it, he may be subject to disciplinary action. In case of repeated misconduct, he can be dismissed on the basis of paragraph 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 have the opportunity to dismiss an employee on the above grounds, it is necessary to explicitly indicate in the contract (in the job responsibilities section) that the employee is obliged to fulfill the monthly sales plan. This plan can be drawn up as an annex to the contract, but given the specifics of the activity, it can be prescribed that the sales plan is delivered to the employee through Email(handed over personally against signature).

As a rule, companies establish that the salary of sales specialists consists of two parts - salary and bonuses. The amount of the bonus depends on whether the plan is fulfilled or not. This should be stated in the Regulations on wages.

It is necessary to check whether the employee is familiar with the Regulations on remuneration 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 had to produce the necessary results. It is enough to present a copy of the Regulation on remuneration, under which there is a signature of the employee. If there is no signature, you will have to build evidence based on the job description and the employment contract, on the features labor function worker.

In addition, in court, one 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 he already had experience in such a position before joining the company. This will confirm his resume and successful sales experience in your company (determination of the Moscow City Court dated February 18, 2013 No. 11-4675).

The rationale for this position is given below in the materials of the "Personnel System" .

"Grounds for dismissal.

In what cases can an employee be fired for non-performance of work duties.

If an employee, without good reason, repeatedly commits a violation labor discipline or does not perform his functions in full or in the required time, he can be dismissed for repeated non-performance of labor duties. This ground for dismissal is provided for in clause 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 simultaneously met:

the employee does not perform labor duties without good reason;
the employee commits a violation repeatedly, that is, he already has at least one outstanding 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 Supreme Court RF dated March 17, 2004 No. 2.*

Types of violations

Question from practice: what actions of the employee can be attributed to non-performance of labor duties.

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

These violations include, in particular:

absence without good reason at work or workplace;
refusal of an employee without good reason to perform labor duties in connection with a change 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 by an employee without good reason to undergo special training during working hours and pass exams on labor protection, safety precautions, if this is prerequisite permission to work.

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

Attention: when dismissing an employee for repeated non-performance of labor duties, please note that these duties must really be assigned to him and enshrined in an employment contract, job description, etc. (Article 56 of the Labor Code of the Russian Federation). Otherwise, the employee may appeal the disciplinary sanction, citing the fact that the circle of his labor duties did not include the one that he allegedly did not fulfill. In this case, the court may recognize the dismissal as illegal, see, for example, the ruling of the St. Petersburg City Court dated June 18, 2012 No. 33-7866/2012.”*

“The order of dismissal.

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

Dismissal for repeated non-fulfillment of labor duties is at the same time a measure of disciplinary action. Therefore, it must be carried out according to 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 the recovery or on the absence of grounds for recovery.

Documentary confirmation.

What documents can confirm the non-fulfillment of labor duties by an employee.

Before imposing a disciplinary sanction, the very fact of the violation must be documented. Such evidence can serve as a memo from the immediate supervisor of the employee.

After that, ask the employee for a written explanation of the reasons for non-fulfillment of labor duties. Determine if these reasons are valid or not valid. If the employee does not provide a written explanation 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. The courts take a similar position (see, for example, the appeal ruling of the Lipetsk Regional Court dated July 24, 2013 No. 33-1845-2013). *

Question from practice: what reasons for non-performance by an employee of labor duties are considered valid and do not allow him to be dismissed on this basis

There is no list of valid reasons for non-fulfillment of labor duties in labor legislation. This issue should be decided by the head of the organization in each specific situation taking into account all the circumstances that influenced the behavior of the employee (Article 193 of the Labor Code of the Russian Federation).

For example, for non-attendance at work, valid reasons can be recognized as failures in work public transport, illness of an employee, accident, natural disaster and other extraordinary circumstances. 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 leave, etc.

A good reason for non-execution of management orders may be the illegality of the requirement to comply with:

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 hazardous work not provided for by the 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 the evidence of non-fulfillment of labor duties by the employee has been collected, taking into account the total period for collection, draw up a dismissal order in the unified form No. T-8, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, or in an independently developed form. Coordinate the draft order with the trade union if the employee is a member of a trade union organization (part 2 of article 82 of the Labor Code of the Russian Federation).

Further, familiarize the employee with the order under the signature within three working days from the date of issuance of the order or receipt of a reasoned opinion of the trade union. The three-day period does not include the time the violator 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 make an entry in the work book and personal card about the dismissal of an employee due to repeated failure to perform work duties.

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

Termination period.

When should an employee be fired for non-performance of work duties?

Dismissal must be carried out no later than one month from the day the misconduct was discovered and six months from the day it was committed (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 (basic, additional, educational, unpaid leave);
necessary to agree on 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 decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

For more information on when to take 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 met or 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: reducing the budget and investments, laying off workers and other unpleasant actions, you need to correctly understand the reasons for not fulfilling the sales plan.

One of the first reasons for not fulfilling the plan may be the wrong sales. The plan can be made only after the analysis of sales is made. 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. To external factors includes what the entrepreneur cannot influence:

Seasonality. Certain products are relevant in certain seasons. For example, fire briquettes will be more in demand in the winter, and sun loungers and picnic supplies in the summer. This does not mean that these products will not be bought in other seasons, but it is important to take into account the seasonal increase and decrease in sales.
Geographic location. The profit from stores in crowded places exceeds the profit of stores located in residential areas. Businesses in the city center, close to metro, train station and others public places also get 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 affected:

Resources. An entrepreneur must have all the necessary resources - this will help in the process of planning and further promoting the business. It is important to soberly assess the available funds so that there are no unnecessary problems.
Accounting for sales forecasts. In planning, you will need to take into account both positive and negative outcomes. In the process of creating a sales plan, there will be mistakes, shortcomings and force majeure. For this, a pessimistic scenario is calculated. Establishes the calculation of minimum sales at which it is not necessary to reduce costs, and also plans actions in case sales are below the established minimum.
Properly trained company employees. The employee must have knowledge of the product being sold, be competent and be able to deal with customers.
Motivation to achieve the set goals. This factor is the most important of the internal organizational moments. Employees must be involved in the life of the enterprise, so the task of the manager is to interest the employee in the work, taking into account his personal qualities and abilities.

Staff motivation

Personnel is divided into two types - motivation to achieve and to avoid. To maintain a positive and friendly atmosphere in the team, the first method is used, and to keep the staff under control, the second. The ideal option would be a combination of these two methods. So that the positive motivation for achievement is not mistaken for weakness, the motivation for avoidance is connected. This is done to keep the workers from getting discouraged.

Achievement motivation is used to maintain a positive and friendly atmosphere in the team, and avoidance is used to keep the staff under control.

It will take some resources to motivate employees. They can be both tangible (presents, cash rewards, etc.) and intangible (praise, development tips, skills training).

All employees like material rewards, but managers prefer those enterprises where there is a friendly atmosphere and mutual respect, as well as a good relationship with the authorities. 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 planning are mainly related to motivation, there are a few rules to consider:

Knowing the needs of your own staff.
The process of motivation should 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 that he does not have to "go out of his way" to get the good disposition of his superiors. It must be accessible.
The 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 not meeting the sales plan in the store:

Lack of actual goods as a result of problems with the purchase.
The presence of an outdated product at the moment.
Low qualification of consultants.
Lack of goods in stock.
Empty shelves.
Goods without a specified price.
The product is unknown to the buyer, that is, lack of advertising.
The discrepancy between prices and quality.
Discrepancy between the declared price and the actual one.
Wrong on display.

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

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

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