On what grounds can they be fired. Be ready for anything: for what reason can you be fired from your job? Agreement with superiors

The grounds for dismissal are several articles of the Labor Code. Why is it that only a fraction of them have found bad fame? Of course, only because it is they who are able to ruin a barely begun working career, significantly complicate the search for a new job, ruin your reputation and, in especially unsightly cases, create a situation where you cannot work in your specialty.

“Guilty” grounds for dismissal are those cases that are most often dealt with by the labor inspectorate, the labor dispute commission and the courts of general practice. These are articles 71 and 81 of the labor law: termination of the contract at the initiative of the employer. Besides them there are:

Termination of an employment contract by agreement of the parties, Article 78.
Termination of a fixed-term employment contract, article 79.
Termination of the contract between the employee and the employer on the initiative of the first party, article 80.

We will talk about them another time, but in this article I will analyze in detail who and how they can be fired "under the article", how to respond to threats from unscrupulous employers and whether it is necessary to leave of their own accord, not wanting to.

○ So, can you get fired if you:

Pregnant woman and violating labor discipline, once or constantly?
No, the legislator has established a special legal framework for such employees by Article 261 of the Labor Code of the Russian Federation. They can be dismissed only if the enterprise is liquidated or the individual entrepreneur stops working. Even if the contract is urgent, it does not end, but must be extended before the onset of maternity leave. It is not prohibited to apply a remark or a reprimand.
Are you on maternity leave?
And again, 261 articles are on guard for your interests, which does not allow unnecessary employer initiatives. The exceptions, that is, the grounds for dismissal were cases of liquidation, employment on fake documents, repeated violations within a year, an immoral act (for educators-teachers).
Are you late for work?
Yes, you can be fired under Article 81, paragraph 5, but the administration must comply with one point - to issue a reprimand or reprimand during the year preceding the violation of labor discipline, that is, once you have been warned in writing, you will be fired the second time.
Appeared at work in a state of alcoholic intoxication, or, more simply, for drunkenness?
Your "bad" article 81, paragraph 6, part B. Moreover, to break up with the employer, it must be violated once, having appeared on the territory of the enterprise or workplace in a drunken state, as well as in a state of narcotic or toxic intoxication.
Are you on vacation - regular, educational, unreserved, or childcare?
You cannot be fired, except in cases of termination of the enterprise or liquidation of a private entrepreneur.
Are you absent for health reasons and have a sick leave?
Same answer as in the previous case, i.e. only upon liquidation of the enterprise.
Disability established?
Here, dismissal is possible, and on several general grounds: inadequacy of the position, insufficient qualifications based on the results of certification and medical examination (if there is nowhere to transfer at the same enterprise).
Single mother?
You have protection in the form of Article 261, however, until the time when the child is 14 years old (18 years old disabled). After that, all grounds can be used for dismissal. Even with the reduction, the employer must give preference to the high qualifications of the employee, and not his social status, article 179 of the Labor Code.
Serviceman?
There are no special barriers to your dismissal, including the "guilty" reasons.

So, let's summarize the most common reasons for terminating an agreement "under article", not citing 81 articles in full, but guided by personnel practice:

1) Inconsistency of the position according to the results of certification, 81.3.

2) Repeated (repeated) violation of labor discipline or failure to fulfill obligations, 81.5.

3) The first, but gross violation: drunkenness, absenteeism, theft, guilty actions, disclosure of commercial secrets, 81.6.

4) An immoral act for those associated with educational work, 81.7.

○ Is it possible to avoid dismissal under the article?

In order not to spoil your business reputation, you should carefully read the documents that you sign when hiring - an employment contract, local regulations adopted at the enterprise, such as Labor Regulations, Regulations on payment.

This, of course, is not the most exciting and interesting activity, but it can seriously help you out in a dispute with your employer. when they threaten to be firedas it stipulates your rights and obligations within the framework of this work collective:

Start and end times of work.
Lunch break.
Vacation duration.
The procedure for notifying the management of the impossibility to start work and a number of other useful points.

If the employer does not have these internal documents, your obligations, time and place of work are not spelled out in the contract - this may negatively affect both sides of the employment contract.

We will leave the protection of the enterprise to the personnel and legal services, consider your likely actions if you assume that you may be fired:

1) After the "truancy" should be confirmed good reasons for the absence, it is better with certificates from medical institutions or government agencies or a written explanation. If they are not there, then to comply with the correct dismissal from you must request an explanatory within two days from the date of the violation (and in case of refusal to sign the act no later than 3 working days) and dismiss within a month from the date of the violation. Failure to meet the deadline leads to the restoration of the employee at work.

2) When "repeated" the administration of the organization must have issued an order for a remark and a reprimand, and from the date of their issuance no more than one year has elapsed.

3) Theft can only be confirmed by a court decision or an order of an authorized body. If this is only blackmail on the part of the management in order to dismiss you "on their own", then decide for yourself how much your job and reputation are dear to you.

4) The loss of confidence also cannot but be documented - only proven and recorded illegal actions give grounds for dismissal under Article 81, paragraph 7.

5) Being drunk also has its pitfalls - it is difficult for an employer to prove alcoholic, toxic, drug intoxication without a medical examination. The employee can explain his condition by taking medications necessary for health, state of mind and other reasons. And if there is an opportunity not to undergo a medical examination, do not go through.

Every citizen who is hired for a workplace under an employment agreement or under a contract must remember that there are situations when the employer can terminate the employment relationship under the article. The reasons for the employer to want to fire the employee are covered in several articles of the Labor Code.

Termination of employment under some articles can ruin your career, causes difficulties in finding another job, spoils your reputation and, finally, in very difficult cases, leads to the fact that you will not be able to get hired for a job at all.

Grounds for dismissing an employee at the request of the employer - those situations that are often dealt with by the labor inspectorate, the labor dispute commission and the courts.

Dismissal by decision of the employer is governed by articles 71 and 81 of the Labor Code.

Is it possible to avoid dismissal under the article?

Each employee, in order to avoid unpleasant situations in the future, must carefully examine the documents he signs when applying for a job: labor contract, internal labor regulations, collective agreement, various regulations on remuneration, bonuses, bonuses, etc.

This will give you an opportunity to study your rights and responsibilities well.

It is clear that this is a rather tedious and boring activity, but in the future you will protect yourself from possible unpleasant conflicts with the administration of the organization.

Pay particular attention to the following points:

Start time of the working day and its end time.
Leaving time for lunch break and the time to return from it.
Number of vacation days.
Rules for informing the management organizations about the inability to start work and other useful points.

If the employer, for some reason, does not have these documents, and the contract does not stipulate your labor obligations, schedule, duration and place of work, this is a violation of the law, which can adversely affect both sides of the employment contract.

What are your actions in case of dismissal under the article?

What to do, if the employer threatens to terminate the employment relationship under the article:

After you have committed absenteeism, you need to confirm your failure to appear for work with documents indicating good reasons.

For example, if absenteeism was committed due to poor health, then provide a certificate of visiting a doctor of a medical institution or a sick leave. If you were summoned to the court, then also take a certificate from government agencies, which will confirm the valid reason for your absence from work.

If you do not have such documents, then in order to comply with the rules of the dismissal procedure, you must require an explanatory note within two working days from the date of the truancy (in case of failure to provide an explanatory note, an act of refusal is drawn up no later than three working days, signed by at least three employees present at the refusal)

The delay in the request for documents leads to the fact that the employee can recover from work.

Within a month from the date of such violation in the absence of the necessary documents You may be fired.

In case of systematic failure of the employee to fulfill his job duties management must issue a disciplinary order such as a reprimand or reprimand, and no more than one year has elapsed from the date of issue.
Theft of material values can only be confirmed by a court verdict or a decision of an authorized body. If this is only pressure from the administration in order to dismiss you "by agreement of the parties", then decide whether you should work in this organization and harm your reputation.
Making an entry in the work book with the wording for the loss of confidence to an employee on the part of the employer will be lawful in the event that this is confirmed by proven and recorded illegal actions established by the authorized bodies, which may serve as a basis for dismissal under Article 81, paragraph 7.
Blaming an employee for being at work in a state of alcoholic, drug or toxic intoxication also has its own difficulties for the employer - sometimes it is difficult to prove any kind of intoxication without a medical examination.

The employee may justify their condition by taking certain medications needed to improve health, dejected mental state, and many other reasons.

If you are given a case not to undergo a medical examination, do not go through.

What to do in that situation if you are still fired?

Let's dwell on some of the ways to solve this problem.

Try to defend your case and prove unjustified dismissal with subsequent reinstatement at work.

For this contact the labor inspectorate with a complaint against the employer and a request to find out whether the dismissal procedure was legally carried out.

You can apply to the district court at your place of residence (or to the court at the location of the employer) with a claim for the desire to recover in the organization, for compensation payments for causing moral damage.

This procedure will be free of charge for you, all court costs are borne by the employer, Art. 393 TC.

Try to negotiate with the employer to enter a different edition in your work book. In most cases, employers make such concessions to a former employee, not wanting to ruin his future career.
Try to look for another job, even if you have an article entered in your work book... After all, not always the employer can request this document, that is, if you have an employment contract drawn up in writing and there is a record of pension savings, you can always excuse yourself from losing your work book.

In any case, do not despair, even if you have a record of dismissal under the article. This does not mean the end of a professional career.

Is it legal to end your employment relationship: answers to common questions

Let's look at a few cases.

So, is it lawful to terminate the employment relationship with you under the article if:

You are expecting a child and do not fulfill your job duties or violate labor discipline, once or systematically?

No, the Labor Code describes a special provision for such workers in Article 261.

Pregnant women can only be fired when the business ceases to exist or is reorganized.

Even in such a situation, when a fixed-term contract is concluded and its validity period is coming to an end, it should not be renewed, but extended to sick leave, and then maternity leave.

Disciplinary punishments in the form of remarks and reprimands are not applied to the category of such workers.

Is your child under three and are you on parenting leave?

The same article 261 of the Labor Code protects your interests and does not allow termination of the contract at the request of the employer.

That is, labor relations can be terminated only when the organization is liquidated or for committing especially "grave" offenses.

For example, hiring on falsified documents, repeated and systematic violations for a long time, committing immoral acts (for some subcategories of workers involved in the upbringing and education of children).

Yes, it is legal to fire you under Article 81, paragraph 5.

The management of the organization must observe the following rule:

at the first such violation, a disciplinary punishment is first announced, expressed by a remark or reprimand in writing, that is, the issuance of an order with your subsequent familiarization with it.

Only after disciplinary action can you be fired. In other words, the first time they warned him, later, when the violation was repeated, they were fired.

Were you drunk at work?

This violation is qualified by Article 81, paragraph 6 of part B.

This kind of violation can be committed once and immediately, without warning, be fired.

In case of such a violation, a medical examination must be carried out, which is issued by a medical institution.

You are on vacation. It does not matter what: in the next labor, in the educational, without pay or in the maternity leave?

You cannot be fired, except in the case of the termination of the organization.

You are not present at work due to illness and do you have a sick leave?

The same answer as in paragraph 5, namely: only when the organization ceases to exist.

Has a medical institution established a disability group for you?

Termination of employment in this case may be legalif you do not meet the requirements of the position held, are not sufficiently qualified according to the results of the certification carried out or cannot hold this position based on the results of a medical examination (but this is only if the employee cannot be provided with another position in the same organization)

Are you raising a child alone?

You are protected by Article 261 of the Labor Code, but only until the time the child reaches age fourteen years old (if the child is disabled, then up to eighteen).

When the child reaches this age, there are no longer any dismissal benefits for you. Even if the staff is reduced, the employer is obliged to prefer a more qualified employee, without focusing on his social status, article 179 of the Labor Code.

Are you a military serviceman?

There are no obstacles to your dismissal, including the "culpable" reasons.

Now let's summarize.

What are the most common reasons why an employer terminates labor relations "under article":

The employee does not meet the requirements of the position held based on the results of the certification, 81.3.
Systematic (repeated) violation of labor discipline or failure to perform work duties, 81.5.
Severe violation of labor discipline: drunkenness, truancy, theft of material assets, disclosure of secrets protected by law, 81.6.
Immoral acts on the part of those workersthat are directly related to the process of teaching and upbringing of children, 81.7.

The number of appeals to lawyers on labor issues is growing from year to year. On the one hand, this is a positive trend, as workers increasingly want to solve problems within the framework of the law. On the other hand, does this mean that employers are more likely to neglect workers' rights?

Subjects of labor law

The law is designed to protect the interests of everyone. But law always breeds responsibility. This point is very important for everyone to know, since the protection of rights depends on the measure of responsibility. The right to work is one of the fundamental rights of a modern citizen of the Russian Federation. It is enshrined in the Constitution of the Russian Federation.

The Labor Code is relevant only for subjects of labor law. They are individuals and legal entities who have labor relations with each other. The employment relationship must be recorded in writing. For this, there is an established form of an employment contract.

It should be borne in mind that if a citizen works unofficially, that is, without concluding an employment contract and without registration in the state, then it is almost impossible to protect his rights. Subjects have timelines. Thus, an individual becomes a subject of labor law only upon the conclusion of an appropriate agreement with the employer. From the contract, you can learn about such key points as the procedure for hiring, granting vacations, calculating wages and what articles can be fired from work.

Order

The employer does not have the right to dispose of employees at its own discretion. Each of his decisions must be substantiated by specific articles. Likewise, an employee cannot only take care of his rights. He has the obligations declared by the employment contract. If any requirements of the employer go beyond the scope of the contract, then these issues should be discussed in a timely manner, and decisions should be drawn up in writing. It is not uncommon for a subordinate to himself provoke the dismissal of an employee under the article. Next, we will consider the reasons why such an outcome is possible.

Translation within the company

In some cases, the manager may offer the employee a different position in their organization. The reasons may be different: the closure of a previous position, qualifications mismatch, or something else. gives the manager such a right.

Moreover, the new position may be less prestigious, with a lower level of salary, or involving a greater workload. The employee has the right to choose - accept the offer or refuse. But before you refuse, you should find out about what articles can be fired from work, since it is Article 81 that gives the employer such a right.

Qualification mismatch

Any work in an enterprise requires certain knowledge, skills and abilities. When applying for a job, it is not always possible to verify their authenticity. Everyone knows the reality that you can buy any document. And the resume is even less valid. The employer has the right to apply for an acceptable quality of work, since he pays for this work. Inconsistency with the professional level of the position held is another reason to dismiss from work under Article 81 of the Labor Code of the Russian Federation.

The procedure for checking compliance and making decisions is governed by the third part of this article. A mandatory procedure is the creation of a special commission, which should include:

direct supervisor of the applicant for dismissal;
head of the HR department;
director of the company.

The Commission conducts certification orally or in writing. The list of tasks should not go beyond the specialization of the employee. For example, if the subject is an accountant, then he does not need to pass certification in legal or marketing issues.

The validity of certification

Based on the results of the certification, a protocol is drawn up. Based on the protocol, an order of the head is formed. If the employee believes that the certification was unfair, for example, questions were not asked about his qualifications, then he has the right to challenge the decision of the commission. It is important to consider this point, since such a method can be used as an intentional disqualification or on the malicious intent of another official. And if you were fired from work under Article 81, then your further career becomes a big question.

In case of disagreement with the opinion of the commission, the employee has the right to file a complaint with the Labor Inspectorate or with a claim to the judicial authority. Parallel complaints can be made to both bodies. The supervisory authority first checks the results of the attestation and makes an appropriate decision.

Discipline

Studying the question of what articles can be fired from work, one should not discount objective factors as well. Irresponsible employees, neglect of their own duties, irrational use of company resources are quite common in the company. It is important to understand that every manager wants employees to contribute to the development of the enterprise, especially if there are all the conditions for this. If they are not there, then the job description for each category of workers should be raised and its position should be reminded to the head. By law, it must provide workers with a safe and comfortable working environment.

Violation of labor discipline can be of a different nature. In case of episodic cases, you can receive a warning. If there is no effect, then the manager has a wide range of solutions:

Give a reprimand.
Written warning.
Dismissal under articles of the Labor Code.

For example, according to the fifth part of article 81 of the Labor Code of the Russian Federation. And if there are valid reasons, then they must be documented. For example, in case of illness, a sick leave is issued.

Truancy

If the employee cannot provide documents on the reason for missing the working day, then all these days are qualified as absenteeism. In case of episodic events, the manager may require a written explanation. Whether the reason is respectful or disrespectful is determined by the supervisor.

But what about cases when circumstances force you to be absent from work for several days? How to prevent dismissal for absenteeism under the article of the Labor Code of the Russian Federation? This point is also reflected in the legislation. Not less than 2 days before the expected date of absence, you must write a statement in duplicate. One is given to the manager. If he doesn't mind, he ticks "I don't mind." This approach is legal and will save the employee from dismissal for absenteeism under the article of the Labor Code of the Russian Federation.

This document is forwarded to the HR department. At the end of the reporting period, when payroll needs to be calculated, the HR officer will mark these days as absenteeism for good reason. In this case, the employee is not threatened with any punishment. True, these days will not be paid.

Lateness

What other articles can be fired from work? According to the Labor Code of the Russian Federation, the working time per week is 40 hours. The start and end times of work may vary depending on the type of company activity. 40 hours is the cumulative hours worked. The segment of working time at a particular enterprise is regulated by internal documents.

All residents of large cities have one common problem - the problem of moving around the city. The majority of the working age population has a standard work schedule - starting in the morning and ending in the evening, which creates huge obstacles to the movement of all modes of transport. In such cases, being late for work is a completely natural result.

But employers do not agree to accept this provision. Each company has its own way of dealing with lateness. But labor law states that absence from the workplace for more than 4 hours in a row is already considered a gross violation of discipline. If this happens sporadically, then the leader may limit himself to a reprimand or warning. There are also penalties - disciplinary penalties. But the habit of being several hours late on a regular basis is already a reason for choosing cardinal methods.

Amoral behavior

Few people know about part 8 of article 81 of the Labor Code of the Russian Federation. According to experts, this point is one of the controversial provisions in the law. Perhaps for this reason, this article is not used very often. Dismissal for immoral behavior concerns specialists who are entrusted with high intellectual tasks. It:

Teachers
Teachers
Kindergarten teachers
Other people related to the educational system.

It is important to take into account that such an article cannot be applied to persons working in educational institutions, but not directly involved in educational and educational activities.

Workplace drunkenness

The corresponding record in labor and dismissal under the article may also occur due to bad habits. There are several important guidelines in the legislation regarding dismissal under this article. For example, the fact of drinking alcoholic beverages and being drunk directly at the workplace is mandatory. This should be recorded in such a way that it can be proved later.

The mere fact of drinking alcohol is not a reason for employment and dismissal under the article. But if the employee appeared already drunk, then this argument is not in his favor. It is also important to take into account, especially for employees, that intoxication is considered the consequences of not only alcoholic beverages, but also the use of other intoxicating substances.

Liquidation of an organization

The termination of a company is perhaps one of those rare reasons for dismissal, which is completely independent of the will of the employee. The company can be completely closed, merged with another company or transferred to a new owner. But part 4 of article 81 of the Labor Code of the Russian Federation states that the new management has the right to dismiss only the following employees:

The head of the company and his deputies.
Chief accountant.

All other employees are legally free from the arbitrariness of the new leadership. There is another case - staff reduction. In this case, there is also a ban on the dismissal of certain persons. For example, workers who are the only breadwinners in a family cannot be fired. Also, specialists who have solid experience in this company can apply for the opportunity to work. If they were unlawfully fired from their jobs, the Labor Inspectorate or the judiciary will help restore justice.

Theft or embezzlement of company property

The performance of work duties in one way or another opens access to the company's property. Some specialists are completely responsible for the entire financial condition of the organization. Managers do not have any safeguards or leverage against theft or waste of enterprise property. There is only a law that can take action after the fact. Therefore, such phenomena and their resolution go beyond the Labor Code and border on the Criminal and Administrative Codes. However, in practice, things are not so simple.

In practice, financial sector employees account for the largest share of waste and embezzlement. For example, it can be a chief accountant, cashier or other employee who has access and knows the system of the enterprise. If a shortage is found at the end of the shift, it is illegal to automatically appoint the culprit.

At the first stage, an act is drawn up, law enforcement agencies or the company's own security service are involved. If, based on the results of an internal investigation, it was possible to identify the culprit, then the manager has several options:

Dismiss under the article.
Understand, forgive and give the opportunity to quit at your own request.
Write a statement to the court and demand punishment.

The latter is appropriate if we are talking about large amounts and there is malice on the part of the employee. However, in practice, executives are more likely to choose the latter method, as high-profile litigation can negatively affect the company's reputation.

Loss of trust in an employee

Employees in the aforementioned sectors can be fired before a more serious event such as theft or embezzlement occurs. Loss of trust differs in that in this case the employee does not have malicious intent, and material damage is caused due to his irresponsibility or negligence. For such reasons, the following employees may be dismissed:

Accountant.
Cashier.
Warehouse Manager.
Economist.
Seller.
Freight forwarder and more.

Here the procedure is similar: an act of what happened is drawn up, an investigation is carried out, and only on the basis of its results can the culprit be identified. Usually, an inventory or audit is carried out to reconcile material and financial values. Are such employees fired from their jobs? Yes, irresponsible attitude to work will not please any manager.

Who shouldn't be fired?

There is a category of workers who are protected from dismissal at the legislative level. They are clearly indicated in the Labor Code of the Russian Federation. Usually this category includes the most vulnerable category of citizens. Most people know that this list is headed by single mothers and the only breadwinners in the family. At the same time, many are interested in whether a pregnant woman can be fired from work. Consider the entire list:

According to pregnant women who have provided a certificate from the antenatal clinic about their situation, they cannot be dismissed under Articles 77 and 81. The exception is the liquidation of the enterprise. But in this case, there are a number of reservations.
Also, you cannot dismiss an employee during his vacation under Articles 77 and 81, with the exception of the closure of the enterprise.
According to article 77 of the Labor Code of the Russian Federation, dismissal is considered illegal if the corresponding order is issued while the employee was in an incapacitated state. The exception is the same - the closure of the company.
Also, in other cases, besides liquidation, you cannot fire a woman who has a child under 3 years old.
The same category includes a mother who has a child with a disability under the age of 18.
Also, you cannot fire a father, grandmother, grandfather or other person who has a dependent child with a disability under 14 years old.

Given these provisions, we can say that the question of whether a pregnant woman can be fired from work should not bother expectant mothers. They are insured until the child is 3 years old.

What does voluntary dismissal mean?

Dismissal of one's own accord is the most common wording. Why can they be fired from work with such a verdict? Legal aspects are regulated by article 80 of the Labor Code of the Russian Federation. There are often cases when, in practice, the manager himself proposes to issue an exemption with such a wording for a particular offense of an employee. And such a step is fully justified, since another article involves proof of the employee's guilt. There is also a great advantage in this for the employee, since his honor and reputation are not tarnished and he can easily find another job for himself.

Upon dismissal of his own free will, the employer is required to comply with the established rules for registration. The employee must announce his intention no later than 2 weeks before the date of dismissal. He has the right not to explain the reasons for his departure. If within the next two weeks he changes his mind to quit, then his position will remain with him.

Another question: if voluntary dismissal is planned, under what article is this fact drawn up in the work book? In the work book there will be a reference to the law - "dismissal under Article 80". This item has no negative consequences for either the company or the employee.

Conclusion

Dismissal under the article is a complex process. If an accusatory clause is applied against an employee, then his guilt must be fully proven. This takes a long time and labor. For example, embezzlement or theft requires a 3-step investigation. As a result, a decision and a verdict should be drawn up. Only then can you begin the dismissal process.

In addition, we must not forget about the psychological factors in the team. Some employees may fall prey to dummy combinations or may simply be deceived by other employees. Considering all these factors, it can be said that the choice of Article 80 is a universal solution in many personnel matters.

In the case when an employee was dismissed from his post under the article of the Labor Code of the Russian Federation, a corresponding entry is made in the work book and the question arises of what to do for further employment. There are 14 reasons for which an employer can interrupt cooperation. What to do if the employment record prevents you from taking a new job?

Item and article number matter

In office work, there is no such thing as dismissal under an article; in fact, any break in labor relations is regulated by one or another article of the Labor Code of the Russian Federation. The only difference is that some formulations correspond to the termination of the contract on the initiative of the employee (Article 80) or by agreement of the parties (Article 78), while others put the former employee in an impartial light (Article 81).
The last group includes "guilty" grounds, the consideration of which is under the jurisdiction of the labor inspectorate and the court.

	Deciphering the reason for dismissal
P. 3	The employee does not correspond to the position held; his incompetence and low qualifications are confirmed by attestation.
P. 5	The employee systematically fails to fulfill the obligations stipulated in the contract and has no valid reasons. There is already a disciplinary penalty in the case.
P. 6	Gross violation of obligations, in particular absenteeism, being drunk at work, divulging secrets. Dismissal is carried out in connection with the theft of property, money, waste of the company's budget. TB violations are also one of the reasons for the termination of the agreement.
P. 7	The employee's activities related to cash or property turnover caused a loss of confidence in his superiors.
P. 8	Immoral behavior of a person performing an educational function.
P. 9	If the employee held a managerial position and made a decision without reason that caused damage to the company's property.
P. 10	A person in a leading position or persons replacing him committed a gross violation of the contract (once).
P. 11	During employment, fake certificates, certificates or other documents were provided.

According to article 71, the employer has the right to dismiss an employee if he did not show himself properly during the probationary period. Also, the employer can refer to the 11th paragraph 77 of article, according to which violations of the Labor Code of the Russian Federation were made when drawing up an agreement between the employee and the boss.

In about 87% of cases, the termination of an employment contract at the initiative of the superiors is caused by the employee's violation of his obligations. As a rule, the bosses make concessions and make an entry in the labor law, corresponding to Article 78 or 80, but sometimes it is not possible to agree, and the book becomes "spoiled".

For reference! Often the employer threatens to be fired under the article if the employee does not sign the application of his own free will. However, for "guilty" circumstances, they are not dismissed if the person strictly fulfilled his duties.

What if a record with dismissal under the article appeared in the labor law?

Each time a person gets a job in a new job, an interview awaits him, which begins with studying a package of documents. A "spoiled" labor force instills fear in the employee, and many believe that with dismissal under the heading, the career comes to a standstill. There are several ways out of this situation.

Agreement with superiors

You can prevent dismissal due to "guilty" circumstances by agreeing with the personnel department and management. This option is often used if the company itself does not comply with the Labor Code of the Russian Federation. It is enough to promise silence in exchange for an entry in the labor office, it is desirable to have some evidence of administrative violations for insurance.

Loss and replacement of labor

The easiest way out for the majority of those laid off is to lose their work book. In this case, when applying for a new job, you should apply for a new document. However, information about the length of service and previously held positions will not be reflected.

Fact! The HR department can only take notes about the position that a person holds in the current company. You can restore data on work at other enterprises, that is, a duplicate book, at the previous place of work.

If a person was fired from their last job, you can contact the penultimate employer to create a duplicate. However, it should be borne in mind that information about the position from which the employee was dismissed for a "bad article" is also available in the RF Pension Fund, since the management is obliged to make deductions.

Going to court

To protect his rights in case of controversial issues, a person has the right to go to court - this is regulated by article 392. According to the law, this can be done within 30 days from the receipt of a copy of the dismissal order. At the same time, the claim should indicate the requirements not only for reinstatement in office, but also for monetary compensation due to forced downtime at work.

For reference! The former employee does not pay the fee and court costs (Article 393).

If during the court session it becomes known that the dismissal was groundless, the process of terminating the contract was in violation of the Labor Code, it is possible to receive moral compensation. The court determines its size individually.
In most cases, the court makes a decision in favor of the dismissed, but in the future he should be careful. It is recommended to re-read the agreement and act strictly in accordance with it. The employer can offer to quit, force them to leave the position, and in no case should one be provoked.

Conduct in a conversation with a new employer

Further employment depends not only on employment records, but also on how a person behaves in front of a new employer. If you want to get a job in a company, you need to focus the recruiter's attention on your education and work experience. You should not dwell on the past employer, and even more so speak about him in a negative light. Suffice it to briefly describe the situation as a misunderstanding.

Some managers cease to require labor for employment, receiving information about the length of service in the Pension Fund of the Russian Federation. In this case, you can withhold information and calmly get a job.

Such situations are not uncommon at an enterprise when the manager is forced to fire an employee under the article. There is no such thing legally. According to the Labor Code of the Russian Federation, dismissal under the article occurs regardless of the reasons. The fact is that the use of certain norms as a basis for the removal of an employee from office can have an extremely negative effect on his future organization. Consider further some labor clauses on dismissal.

Reduction or liquidation

This is one of the reasons why a dismissal can be made. According to article 81, paragraph 4, only the chief accountant, the head and his deputy can be dismissed in the event of a change in the owner of the company. This provision does not apply to other (ordinary) specialists of the enterprise. With the reduction of staff, some categories of professionals cannot be dismissed from office by law. Such "untouchable" employees are those who have a long and uninterrupted experience in this company or are the only breadwinners in the family.

Inconsistency

According to the Labor Code, dismissal under Article 81, paragraph 3 can be carried out due to incompetence with insufficient qualifications of a specialist, confirmed by the results of certification. To identify the fact of non-compliance, a special commission is organized. It usually includes:

Director of the enterprise.
Human Resources Representative.
Subject's immediate superior.

The certification is confirmed by the corresponding order. The subject receives a task that does not go beyond the scope of his job description and corresponding to his qualifications and specialization. If the task, in the opinion of the specialist, was not drawn up in accordance with his duties, then the results of the certification can be challenged. For this, a complaint is written to the labor inspectorate within the time period established by law and a claim is filed with the judicial authority. Based on the results of certification, a final report is drawn up.

Transfer to another position

Dismissal under Article 81 is allowed if it is impossible to send a specialist with his written consent to perform other professional tasks at the enterprise. This can be a free, corresponding to the qualifications of an employee, and a lower or less paid position, which can be performed by him taking into account his health. In this case, the employer is obliged to offer all vacancies that meet the above requirements and are available in a particular area. The manager is obliged to propose activities that need to be performed in another territory if this is expressly provided for in an employment, collective or other contract or agreement. The specialist can refuse the provided options. In this case, the manager can fire him.

Non-performance of duties

Dismissal under Article 81, paragraph 5 has a number of features. In particular, the manager can dismiss an employee if the former repeatedly fails to fulfill his duties, without good reason, and at the same time a disciplinary sanction is imposed on him. The latter is allowed in the form:

reprimand;
remarks;
dismissal from office.

If there are valid reasons for non-performance of duties, the employee must state them in writing.

Absenteeism and lateness

The specialist may be absent from the site for various reasons. If they are respectful, then they must be confirmed by appropriate papers. For example, if an employee is sick, he provides a sick leave. If the reasons for the absence are disrespectful, then this is called truancy. All the circumstances for which the specialist was not at work shall be stated in writing. The decision to recognize or not recognize them as respectful is made by the head. If it becomes necessary to be absent from the enterprise, you must first write a corresponding application. It is drawn up in 2 copies, on which the director puts a note "I do not mind". The situation with delays is somewhat more complicated. The absence of an employee from the workplace for more than 4 consecutive hours during the shift (day) will be considered a single gross violation. Thus, if a specialist is late for an hour, then he cannot be dismissed for this reason. But in the case of repeated such violations, a disciplinary sanction may be imposed with subsequent dismissal.

Waste and embezzlement

These reasons are considered one of the most indisputable of all the circumstances for which dismissal can be carried out under the Labor Code. When committing theft, including petty property of someone else (in this case, belonging to an enterprise or other employees), its embezzlement, damage or destruction, established by a decree of a body or officials authorized to consider cases of administrative offenses, or a court verdict that entered into action, the specialist is dismissed from his position.

As can be seen from the text of the norm, an appropriate act is required, which, in fact, is the result of an investigation. However, often in practice, management is lenient and offers voluntary dismissal. The article in this case will be different. Theft or other serious violation can damage not only the reputation of the employee himself (even if he is innocent), but also the enterprise itself. The consequences in such situations are almost always dismissal. Under what article to dismiss an employee from office - the choice of the manager.

Drunkenness

The legislation notes several significant nuances to the dismissal procedure for this reason. In this case, a number of conditions must be met. First of all, the fact of being intoxicated directly at the workplace should be recorded, and not just the use of alcohol. Also, the reason will act as a significant circumstance only if the employee appeared at the enterprise in this form during the shift. Thirdly, intoxication is considered not only a state after taking alcohol, but also any other state that occurs when using narcotic or other toxic substances.

Loss of trust

For this reason, only financially responsible employees can be fired. These, in particular, include those who have access to money or other values \u200b\u200bof the enterprise, carry out their reception, distribution, storage, etc. Such financially responsible persons may be:

Cashier.
Warehouse Manager.
Accountant.
Economist.
Seller.
Forwarder and so on.

Loss of trust may be the result of willful misconduct or negligence, neglect of one's duties. As with truancy, the employee must be proven guilty. A memorandum, an act of audit or inventory can confirm the employee's illegal actions.

Dismissal of their own free will: article of the TC

This is the most common way to terminate a contract. Every day, many employees, of their own free will or on the recommendation of their superiors, vacate their positions in this way. However, from a legal point of view, this will always be a dismissal of your own free will. Article of Labor Code No. 80 regulates this procedure. It should be noted that it does not present such difficulties as in other cases. So, if an employee commits any disciplinary offenses, his guilt must be proven.

If the dismissal is made of his own free will, the article of the Labor Code of the Russian Federation requires only to observe the procedure according to which the specialist is obliged to notify the employer 2 weeks before the expected date of leaving about his intention. In general, the procedure for obtaining dismissal from office in such cases is not difficult. As in other situations, a corresponding entry is made in the labor document: "Dismissal under Article 80". To start this procedure, the specialist must write a statement. The employee has the right not to explain the reasons for his decision. The article of the Labor Code "Dismissal on one's own" does not bear any negative consequences. However, you should be prepared for the fact that when applying for a new job, the head of another company or a representative of the personnel department will be interested in the reasons for this decision.

Design features

The procedure for dismissal under the article should be carried out if there are documented grounds. In addition, the mandatory steps that this procedure includes must be followed. There are different stages for each case. However, in any situation, failure to comply with any of it can lead to negative consequences. In particular, the employee can appeal against the misconduct of the employer.

Attestation of fact

If there is any violation, this step is considered mandatory. As mentioned above, for dismissal due to drunkenness, it is necessary to witness drunkenness directly during working hours, and not just the direct fact of drinking. Theft is proven in 3 stages. In particular, the law requires documentary evidence of a misconduct, as well as a decision or sentence. Only then can the dismissal be made.

Warning

This stage also has its own characteristics, which depend on the reason for which the employee leaves. For example, in the event of the liquidation of a company with the subsequent dissolution of the state, in case of any other change in the routine of activities at the enterprise and a reduction in the number of employees, the employer must notify the specialists 2 months before the date on which these activities will be held. The same conditions are observed when an unqualified employee is dismissed from office or when the results of his certification are unsatisfactory. In the event that an employee commits a violation (failure to fulfill his duties, absenteeism, non-compliance with the routine of the enterprise, etc.), the employer must take a written explanation from him. After that, the manager has a month to apply disciplinary action against the employee if the reasons are considered disrespectful. Only one penalty can be applied for each violation. If, for example, a remark was made for absenteeism, then the employee cannot be fired for the same offense.

Familiarization with a specialist

This stage consists in notifying the employee and presenting him with the appropriate order. The latter indicates the reason why he is dismissed from office, the basis and the date. The legislation requires the mandatory presence of a specialist's signature on this document. If you refuse to certify the order, an act is drawn up in the presence of witnesses.

Explanatory

The need for this paper has already been mentioned above. The employer must demand from the employee a written explanation of his behavior. At the same time, the legislation does not oblige the employee to write this paper. He has the right to refuse the employer. Nevertheless, the absence of an explanatory sentence does not relieve him of disciplinary action. It will be rendered in any case 2 days after the above request is made.

Order

The legislation requires the issuance of two such acts. The first order must confirm the imposition of a penalty in the form of dismissal, and the second acts as a basis for terminating the employment contract. In most cases, a second edition is sufficient. All regulations must be attached to this order. These include, in particular:

Details of acts and reports.
Explanatory (if any).
Other papers that confirm the existence of a valid reason for dismissing an employee from his post.

Dismissal of one's own free will (Article 80) provides as a mandatory application a statement of a specialist. In this case, you do not need to write an explanatory note, you should only notify the employer of your intention in time.

Personal documents

The employer is obliged to issue the employee his work book on the last day of the employee's stay at his enterprise. There should be a corresponding mark in it. The record must indicate the reason, as well as the article for which the dismissal was made. If the employee considers it unlawful, he can appeal the decision of the manager. To do this, he needs to contact the labor inspectorate, the court.

Compensation and payments

They are relied on depending on what the article of dismissal is worth. For child care, in the event of staff reduction, liquidation of the company, on the personal initiative of the employee, the specialist is entitled to certain payments. In particular, he should be paid a salary for the time worked in the month of dismissal. The last day of work acts as the date of dismissal. The employee is entitled to payment for unused vacation, benefits.

Consequences for the employee

They can be different and depend on the article indicated in the work book. This can become the reasons for the emergence of all sorts of problems during the subsequent device at another enterprise. The reasons for dismissal are conventionally divided into three categories. Each of them provides for certain consequences. Thus, the articles are distinguished:

Related to the reorganization of the company. If the enterprise complies with the norms of the law, the employee should be assisted in finding a new place. In this case, the consequences for him are only positive.
Not listed in the work book. For example, there may be a mark that the employee vacated the position on his own initiative, but in fact his serious misconduct simply did not receive publicity in order to avoid a scandal. In this case, no particular negative consequences are expected, but questions will arise when applying for a new enterprise in any case.
Indicated in labor. They can significantly damage your reputation. But in some cases it is more expedient to be honest.

Appeal against the decision of the head

When an employee is dismissed without sufficient or legal reason for this, he has every right to go to court. The authorized authority, in turn, at the request of the employee, can make a decision to recover compensation for moral damage from the employer. If the actions of the manager are recognized as unlawful, the employee has the right to ask for a change in the wording of the reason for "dismissal on his own." In the same case, if the mark in the document is regarded as invalid, at the request of the employee, he will be given a duplicate. In this case, all the entries that were present in it are transferred to the book, with the exception of the one that was recognized as illegal. The procedure for appealing a decision of the head is established in Art. 394. In addition to the court, an employee can apply to the labor inspectorate and initiate an internal audit at the enterprise for compliance with the law. As practice shows, such litigation does not happen so often. Usually, employees are fired without conflict or noise.

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