For what reason an employer can fire an employee. Legal grounds for dismissing an employee without his consent. Dismissal at the request of the employee

Dismissal can be caused by completely different reasons. More often than not, employees leave on their own initiative. Note that such a situation is the most acceptable for the employer, because there is no risk that a subordinate may sue. But there are times when an employee simply does not cope with his functional duties, or even does not go to work at all. What should you do in this case? How to fire an employee and not violate the Labor Code?

Of my own free will

Many managers believe voluntary dismissal of an employee is the best and easiest option. The subordinate writes a statement, fulfills 14 days, receives a full payment and takes the work book. And it's all in the bag. But this is not entirely true, there can be many nuances here. For example, if a person can no longer fulfill his labor duties due to certain circumstances (say, he entered a university, retired, moves to another city for permanent residence, goes to hospital for an indefinite period of time, etc.), then he must be dismissed by the number that he indicates in his application. That is, it should be released without working off. In all other cases, the bosses can oblige the employee to work the prescribed 2 weeks until a replacement is found.

Quite often, difficulties arise when you need to fire an employee on probation. In this case, the period of its working off is reduced to 3 days. If the boss obliges him to go to work for 14 days, this will be considered a violation. It is very important to settle accounts with the employee on the last day of his stay in the service, at the same time he is given a work book.

Dismissal at the request of management

In order for the employer to be able to fire an employee on his own, he needs to have good reasons for that, one desire, of course, will not be enough. In addition, if the employer does not fully take into account all the requirements of the Labor Code regarding dismissal, the employee can easily challenge such a decision in court. So, what is the correct way to fire an employee at the director's initiative? Firstly, it is worthwhile to understand that the Labor Code of the Russian Federation provides an exhaustive list of grounds on which you can terminate an employment contract with a subordinate. In particular, these are cases:

1. Complete liquidation of an enterprise or individual entrepreneur.

2. Reduction of staff or number of employees.

3. Inappropriateness of the employee for the position held due to insufficient qualifications.

4. Change of the founder (applies only to the head, his deputies, chief accountant).

5. Repeated failure to perform functional duties without good reason, but on condition that the employee already has a disciplinary sanction.

6. One-time gross violation of their duties:

absenteeism (absence from work for more than 4 hours in a row);
appearance in a state of narcotic, toxic or alcoholic intoxication;
disclosure of commercial, state, official or other secrets;
theft at work, waste or deliberate damage to someone else's property (if there is an appropriate court decision);
violation of labor protection requirements (if established by the labor protection commission);

7. Committing of guilty actions by an employee who serves commodity and monetary values, which led to a loss of confidence on the part of his superiors.

8. Committing an immoral act (for employees who perform educational functions).

9. Making a decision that resulted in a violation of the safety of property or its unlawful use (this applies to the head, his deputy, the chief accountant).

10. One-time gross violation of labor duties by the chief or his deputies.

11. Providing inaccurate documents when applying for a job.

12. In other cases stipulated by law or employment contract.

Liquidation of an organization or reduction of staff

If the company is planned to be liquidated or a reduction in the number of employees is imminent, then it will not work to dismiss employees at will. We'll have to act in accordance with the letter of the law.

Firstly, if we are talking about the liquidation procedure, then this fact must be documented in writing. If the company is downsizing, then the employer is obliged to prepare documents where the reasons for reducing the number of employees must be given. For example, if it is proved in court that the employer did not need to be made redundant, then the employee can easily be reinstated.

It is necessary to inform about the upcoming liquidation and staff reduction 2 months in advance. Subordinates who are eligible for the reduction must be offered other vacancies, even if they are lower paid (if any). If the employee refuses the offered job, he can be fired. After the expiration of a 2-month period, the dismissed employees are calculated, and they are also entitled to payment of severance pay and average earnings for 2 months (if during this period they do not find a job).

You don't suit us

If the subordinate does not cope with his duties, you can also say goodbye to him. However, the fact that he does not fit his position still needs to be proven. The employee's knowledge will have to be checked. For this, an extraordinary certification is carried out. An attestation commission of several people is created by an order for the enterprise (the manager does not have to be there). Also, a special provision for the certification of employees should be developed. It specifies the timing, evaluation criteria and procedure for such an event.

Subordinates are introduced to this provision against signature. It is also necessary to approve the composition of the commission. It may include the director, deputies, representatives from the trade union, the immediate supervisor of the employee, whose knowledge will be tested.

How to dismiss an employee under the article for inconsistency with his post? To do this, it is necessary to obtain the conclusion of the commission that the person has failed the certification. But that's not all. The employee will need to be given a second chance, and after a while to arrange another check. If this time the members of the commission recognize the employee as having not passed the certification, then he can be fired. However, remember that a person can try to challenge such a decision in court.

Violation of labor discipline

How to fire an employee if he has violated labor discipline? In this case, you must be very careful, since even the slightest mistake can lead to the fact that the employee will be reinstated by a court decision. First, it is worth remembering the following points:

You cannot be fired for one disciplinary offense. According to the Labor Code, employees who violate the order and rules repeatedly are subject to dismissal. Lawyers advise writing a dismissal order only in the event of a third violation of labor discipline. For the first two acts, the employee must be reprimanded (with entry into a personal file), the validity of which has not expired. If the employee commits a violation for the third time, then he does not need to make any reprimands. You can safely dismiss him.
An act committed by an employee must be recorded somewhere as a violation. For example, in his job description or other local act.
Before dismissal, the boss must demand an explanatory letter from the employee. If he refuses to write it, draw up an appropriate act about it.
Even if you fired a person from work under the article, you still need to pay off with him: salary arrears are paid off, for unused vacation, sick leave is paid (if any).
On the last day of service, the dismissed person is given his work book (against signature).

If you fulfill all the requirements, do not miss the deadline, get an explanatory letter from your subordinate, then you can be sure that it will be almost impossible for the violator to recover from the job.

How to fire an employee for absenteeism?

Well, what is so difficult here? - many will ask. The person did not go to work, did not warn his superiors about his absence, which means that you can immediately fire him for absenteeism. But it's not that simple. Even if the employee was absent from work for more than 4 hours in a row or the whole working day, you must receive an explanation from him. In addition, the employee may have a good reason. If the next day he brings a sick leave or, for example, a certificate of blood donation, then it will not work to say goodbye to the employee.

Sometimes it also happens that a subordinate has disappeared altogether, does not appear at work for weeks, and does not answer phone calls. How to fire an employee in such a situation? You need to send him a letter to his home address so that he comes to work within a certain period (for example, 5 days) and write an explanatory note. At the same time, it is necessary that his immediate supervisor draws up written acts on the absence of a person at the workplace. If during this time the employee does not appear, you can draw up a dismissal order. A sample of such a document might look like this:

Drunken appearance

If an employee appears drunk at work, it is, of course, prohibited to allow him to perform his job duties in this state. However, it is very important to record the fact that the employee is intoxicated. The immediate supervisor must draw up a memo for him (addressed to the employer). It is important not only to indicate in it that you suspect that the subordinate is "drunk". Describe the signs of drunkenness that you notice: smell of alcohol, incoherent speech, lack of coordination, etc.

If possible, create a special commission to investigate the case. It is also necessary to draw up an act recording the state of the employee.

It is even better if you send the subordinate for a medical examination. For example, it can be performed by a narcologist. A medical report, an act of the commission, testimony are the most important documents that give full reason to say goodbye to an employee who likes to kiss a glass during working hours.

When the employee is already in a sober state, demand from him a written explanation of his action. If he refuses to write such a paper, draw up an act about this. After all these procedures, write a resignation order. An example of the wording is as follows: "Fired for appearing at work in a state of alcoholic (toxic, narcotic) intoxication, clause 6, part 1, article 81 of the Labor Code of the Russian Federation." Date the order on the day of publication, and not on the day when the employee came "tipsy".

Dismissal on sick leave or on vacation

It is generally prohibited to fire an employee who is on sick leave. Even if we are talking about layoffs, absenteeism, committing a disciplinary offense, etc. If a subordinate is sick, then no action should be taken against him (dismiss, transfer to another position). But in this case, there are exceptions.

If the company is liquidated, then all employees can be fired (even if they are on vacation or are sick). Also, an employee who is on sick leave can pay himself. That is, it is allowed to dismiss at will, even if the employee has an open certificate of incapacity for work.

It is worth noting that in this case, the subordinate will not have to work out a two-week period. And the employer is obliged to pay the sick leave benefit to him. This rule applies if the certificate of incapacity for work is closed within 30 days after the person leaves work.

How to fire an employee on sick leave at the request of the boss? As already noted, this will not work. You will definitely wait for him to go to work. And only then do you decide the questions of dismissal, if there are grounds for that.

Other reasons for dismissal

the Labor Code provides for more than 10 reasons for dismissing an employee at the request of the boss. In particular, they include theft of property at the place of work or damage to it. But it is very important to understand that only a court can find a person guilty of theft. The head, of course, has the right to conduct an official investigation, to interview witnesses, but no dismissal can be made without a court decision. Therefore, do not neglect this requirement.

It is allowed to terminate the employment contract in cases where the employee has violated the labor protection rules. But, again, this fact must be proven. Only the labor protection commission can recognize the guilt of a subordinate.

Special bases

Termination of the contract due to loss of confidence is considered a very interesting case. How to fire an employee on this basis? Many employers forget that in this way only those employees whose activities are directly related to the maintenance of commodity and monetary values \u200b\u200bcan be fired. For example, a chief accountant does not fall into this category. He should not receive money or other valuables from checks. For this reason, it is also impossible to say goodbye to the commodity expert, controller, labeller and other persons who are not financially responsible.

Why can you fire an employee yet? Special grounds also include the commission of an immoral act. However, in this case, the employment contract can only be terminated with the employee who performs educational functions. At the same time, the law does not clarify the concept of "immoral act". It can only be noted that this includes obscene statements or behavior that humiliates another person, the appearance of drunk in public places. In any case, the employer (director) himself must determine the severity of the teacher's act and, on this basis, decide whether he should be fired or not.

Dismissal of unwanted employees

Many companies have employees who, although they perform their duties well, do not violate discipline, but, for example, are very talkative or like to substitute their bosses, which can harm the company. Of course, this is not a trade secret, nevertheless, many managers would like their subordinates to spread as little as possible about the successes or failures of the enterprise, its corporate policy, etc. How to fire an unwanted employee? Naturally, you won't be able to say goodbye to an employee for his long tongue. We'll have to look for legal grounds. Perhaps, everything is not so smooth in his work, and he can be brought to disciplinary responsibility, doubted in his suitability for the position held, fired under the article, finally. In a word, here every leader must show ingenuity and ingenuity. You should not write an order in the heat of the moment and fire a subordinate, for example, for violation of discipline, if he has not had a single reprimand before. It would also be a mistake to fire him due to staff cuts, if in fact no layoffs are foreseen. The main thing is that from the point of view of the law, everything should be perfect, and the employee has no reason to sue.

Calculations when leaving work

For what it is possible to dismiss an employee, we have found out more than in detail. Finally, it is necessary to mention the calculation. The subordinate on the last day of his work is entitled to the payment of wages for the hours worked, as well as other stipulated charges. This rule applies to all employees. Even if an employee is fired as a result of his wrongdoing, he is entitled to vacation pay. Money is not paid only if the employee goes on vacation with subsequent dismissal. The same applies to the certificate of incapacity for work. The sick leave payment to the dismissed employee must be made within 30 days after settlement. And the last thing: on the day of dismissal, do not forget to give the employee a work book.

The labor legislation of the Russian Federation is drawn up according to the principle that the priority is to protect the interests of the less protected side of labor relations, that is, employees. Therefore, the dismissal procedure, carried out at the filing of the employer, must be followed exactly so as not to face a possible challenge of this decision and unpleasant sanctions.

Consider the legal basis on which the employer has the right to fire his employee.

General requirements for dismissal articles of the Labor Code

With the changes in the Labor Code of the Russian Federation, there is a tendency to increase and protect employers from unscrupulous workers. So, in 1918, the employer could dismiss his employee on one of 4 grounds, in 1922 there were already 7 such reasons, 1971 provided for 14 dismissal articles on the employer's initiative, and in today's edition of the Labor Code there are already 18 of them.

The main feature of the list of reasons for dismissing an employee from office is his finitude. This means that in the order of dismissal, as well as in the employment contract, there can be no other reason and article of dismissal than one of those contained in the Labor Code. Even if the dismissal occurs by mutual consent.

EXCEPTIONS: special grounds for dismissal are provided for some positions:

leading link (clause 3 of article 278 of the Labor Code of the Russian Federation);
personnel employed by individual entrepreneurs (Article 307 of the Labor Code of the Russian Federation);
hired workers performing home work (Art. 312 of the Labor Code of the Russian Federation);
employees of religious organizations (Article 347 of the Labor Code of the Russian Federation).

Classification of reasons for dismissal

The priority of the employer's desire to dismiss an employee who is unwanted or for some reason not suitable for him is reflected in Art. 81 of the Labor Code of the Russian Federation. Dismissal upon liquidation or reorganization of the company itself is provided for by Art. 180 of the Labor Code of the Russian Federation.

All reasons for termination of employment can be divided on various grounds.

To whom they are applicable. Most of the points (paragraphs 1, 2, 3, 5, 6, 11, 12) of Art. 81 can be fairly applied to almost any category of personnel. Clauses 4, 7, 8, 9, 10, 13 stipulate the dismissal of the special categories listed above in the exceptions. A separate list provides for categories to which the employer's initiative is not applicable as a basis for their compulsory dismissal. It can be:
- any workers (including homeworkers and part-time workers), if they are temporarily disabled and this is documented, or who are on any kind of vacation;
- women preparing to go on maternity leave (they can only be fired when the company is liquidated);
- employees who have not yet turned 18 (they can only be dismissed from a liquidating organization);
- female workers who have young (under 3 years old) children in their care (the reason to fire them may be the same liquidation of the company or a serious misconduct of such an employee with proven guilt);
- single parents whose children have not yet turned 14 (reasons for legal dismissal may be the same as for mothers of three years old);
- parents of disabled children (the same exceptions);
- employees of trade union bodies (they are allowed to be dismissed only on the basis of redundancy, inconsistency of the position, or a recorded violation of their duties);
- members of commissions for the resolution of labor disputes (you can be dismissed if the employee is really guilty of a misconduct, or if the relevant authority has agreed).
Did the employee give a reason. For this reason, all dismissal articles can be classified into:
- the reason for the culpable actions of the dismissed;
- not related to his possible fault.

Specific dismissal articles of the TC

Consider the reasons for dismissal on the initiative of the employer, set out in the articles applicable to most categories of personnel, dividing them into groups based on the actual culpability of the employee.

The decisive factor in dismissal is the presence of proven guilt

Item 5, Art. 81 of the Labor Code of the Russian Federation speaks of a reasonable reason for getting rid of an employee, if they have committed a violation of labor duties more than once, which is fixed by a disciplinary sanction. Simply put, the second reprimand is goodbye. Violations that can only be forgiven once can be:
- unjustified absence from work or workplace for less than 4 hours;
- failure to fulfill obligations due to a change in the rules of the labor schedule;
- evasion from the compulsory medical examination, special training, certification in labor protection.
Item 6.Art. 81 of the Labor Code of the Russian Federation allows dismissal for gross misconduct (just once is enough):
- absenteeism;
- being drunk or drugged at work;
- divulging secrets;
- bad consequences of violation of labor protection rules or the threat of their occurrence.
P. 11 Art. 81 of the Labor Code of the Russian Federation speaks of the legality of dismissal for providing false documentation or knowingly false data during employment (this means only documents and information that are decisive when applying for a job).

IMPORTANT! Each clause provides for compliance with specific conditions and a mandatory dismissal procedure for the employer.

Firing an employee who is not at fault

Item 1, Art. 81 of the Labor Code of the Russian Federation - the most comprehensive, it works for absolutely all categories of personnel. It provides for the termination of the existence of an organization or activity of an individual entrepreneur-individual.
Item 2, Art. 81 of the Labor Code of the Russian Federation Allows the dismissal of "unlucky" employees who have fallen under the headcount or staff reduction. The number indicates the required number of personnel, which ensures the functioning of the enterprise, and the staff provides for the number of managers, administration and some individual specialists. Dismissal can take place when "redrawing" technological processes or changes.
Item 3, Art. 81 of the Labor Code of the Russian Federation allows you to legally terminate the contract with an employee who turned out to be inappropriate for his position (for objective health reasons or the results of the certification carried out).

NOTE! As in the case of a “guilty” basis, and without the presence of the employee's fault, upon dismissal, the employer is obliged to adhere to the regulations established by law.

To avoid all sorts of troubles associated with the initiative to dismiss, we recommend that you follow the following proven rules.

Accurately and strictly follow the dismissal procedure typical for each of the dismissal articles of the Labor Code of the Russian Federation:
- comply with the deadlines for advance notice;
- do not neglect written confirmation of the facts of misconduct;
- take timely care of the employee's signature on getting acquainted with all types of dismissal documents, and in case of refusal to sign - on the corresponding act;
- on time and in full pay the funds due to the employee upon leaving;
- promptly return to him the work book with the dismissal notes made in accordance with the protocol.
If possible, use the phrase "of your own free will" when dismissing. If the person being dismissed has committed a misdemeanor, such a reason, indicated in the documents, will not cast a shadow on his further reputation. For the employer, the plus of this article is. That it cannot be used to contest the dismissal.
If it is important for the employer to record the employee's guilt upon dismissal, one should very closely follow the letter of the Labor Code of the Russian Federation when making a dismissal.
If we consider the judicial practice on challenging the grounds for termination of labor relations, the following articles of dismissal are the most problematic for the employer:
- for disclosing secrets protected by law (subparagraphs in paragraph 6 of article 81 of the Labor Code);
- for a decision by an employee of a managerial level without reason, which resulted in a loss, misuse or violation of the safety of assets (clause 9 of article 81 of the Labor Code).

These grounds can be ambiguous so that the employee can more easily prove that the dismissal was wrong. This creates additional problems for the employer, since in case of an ambiguous interpretation, the court usually gives preference to the "weaker" side, that is, the staff representative.

Often the employer threatens to fire a negligent employee under the article, although the term “dismissal under the article” does not exist legally. Any dismissal, in principle, occurs under one or another article of the Labor Code of the Russian Federation, but some articles of the Labor Code may negatively affect the further employment of an employee. Article 81 of the Labor Code clearly defines the reasons why an employer can fire an employee.

Now there will be fewer of us ...

Clause 4 of this article states that the head, his deputies and the chief accountant can be dismissed when the owner of the organization changes. In this situation, only the above persons can be dismissed. The new owner has no right to dismiss ordinary employees under this article.

When the organization is liquidated, everyone is subject to dismissal, this will affect even pregnant women and young mothers.

When the number or staff is reduced, there are several groups of people who enjoy the exclusive right not to lose their jobs. These people include breadwinners and people with long-term uninterrupted work experience in a given enterprise, institution, organization.

Inconsistency ...

Another reason for dismissal is stipulated in paragraph 3 of Art. 81 of the Labor Code: "Incompliance of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification."

To identify the incompetence of an employee, a special certification commission should be created, which, as a rule, includes the deputy director of the organization, a representative of the personnel department and the immediate supervisor of the subject. A special order is issued on its implementation. The subject is given a task that does not go beyond the job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be deliberately impossible, for example, in terms of timing, you can write a complaint to the labor inspectorate and challenge the results of certification in court. A final report is drawn up on the certification results.

Dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. This can be either a vacant position or work that corresponds to the qualifications of the employee, as well as a vacant lower position or lower-paid work that the employee can perform, taking into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if this is provided for by the collective agreement, agreements, labor contract. In the event that the employee refuses in writing all offers made to him, the employer may dismiss him.

Failure to ...

An employee can also be fired for non-performance of official duties. So, according to paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the reason for dismissal may be "Repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary penalty."

Failure by an employee must be repeated and without good reason. Moreover, a disciplinary sanction should already be imposed on the employee.

According to Article 192 of the Labor Code of the Russian Federation, a disciplinary act is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

remarks, reprimand or dismissal on appropriate grounds.

To dismiss an employee on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, his failure to fulfill his labor duties should be:

a) repeated;

b) without good reason.

If there are valid reasons, then the employee must state them in writing. And at the same time, the employee must already have a disciplinary sanction drawn up accordingly.

Ivanov, I'm late again!

Another reason for dismissal, as stated in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, is "One-time gross violation of labor duties by an employee."

Absenteeism is considered absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration. The most important valid reason is sick leave. If after going to work you do not provide sick leave, then the employer can put you absenteeism.

If you had other valid circumstances, they must be stated in writing. It is up to management to decide if your reasons are valid.

If you need to be absent from work, write a statement in two copies, on which your management puts its resolution "I do not mind", date and signature. The first copy is with the superiors, the second one should be kept with you.

Late things are different... "Absence from the workplace for more than four hours in a row during the working day (shift) is also considered a one-time gross violation." That is, if you are late for work for an hour, you cannot be fired on this point. However, for repeated delays, a disciplinary penalty can be imposed and subsequently dismissed under paragraph 5 of Art. 81, as for repeated failure of the employee to perform his job duties without good reason.

Theft and waste

Perhaps the most indisputable reason for dismissals is contained in subparagraph D, paragraph 6. of Art. 81 of the Labor Code of the Russian Federation "Committing at the place of work theft (including small) someone else's property, embezzlement, deliberate destruction or damage established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses."

It is already clear from the text of the law that for the dismissal of an employee on this basis, a court decision or an order of an authorized official is required, i.e. an investigation must be carried out. However, in practice, the employee may be asked not to raise a fuss, which in different circumstances can affect both the employee's reputation (even if he is not to blame for anything) and the reputation of the organization itself. And here the choice is yours.

Unsuitability

Professional unsuitability is a discrepancy between the professional qualities of an employee for the position held. In other words, if an employee does not cope with his duties, or copes below the average established level, such an employee may be professionally unsuitable for this position. What if you got fired for?

Be careful!

In fact, there are many more reasons for dismissing an employee than those listed above. A complete list of grounds for dismissals contains Art. 81 of the Labor Code, which you need to know by heart.

Also, the Labor Code provides that the termination of an employment contract on the initiative of the employer can also occur in other cases provided for by an employment contract with the head of the organization and members of the collegial executive body of the organization. And in each case, checks should be carried out on the legality of your dismissal. Thus, before signing an employment contract, carefully study it so as not to receive unexpected "surprises".

What is written with a pen ...

What to do if, in your opinion, an illegal entry appears in the labor record? According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without a legal basis or in violation of the established procedure for dismissal, or illegal transfer to another job, the court, at the request of the employee, can make a decision on the recovery in favor of the employee of monetary compensation for moral damage caused to him by these actions.

Moreover, if the court finds the dismissal unlawful, the employee has the right to ask the court to change the wording of the grounds for dismissal for dismissal of his own free will. In accordance with clause 33 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, if there is an entry in the work book about dismissal or transfer to another job, recognized as invalid, the employee, at his written request, is issued a duplicate of the work book at the last place of work, into which all the entries made in the work book are transferred, with the exception of the entry recognized as invalid.

Due to the incredibly frequent appeal for help with dismissal issues, we have compiled especially for applicants TOP 7 important rules - Dismissals under article. The information was collected during 2013-2015. so that you communicate confidently with the employer. If we helped you, please express your gratitude in the comments at the bottom of the page. We wish you a peaceful solution of labor issues with employers. And professional success to colleagues Eichars!

We have prepared more articles for you

Today, due to the difficult economic situation, it is more scary than ever. At the same time, both violators of the company's internal regulations and completely conscientious employees are under threat of dismissal.

In this article, we will try to figure out why you can actually lose your job, and how to protect your rights if they try to fire you illegally.

Dismissal may be downsizing

In a crisis, layoffs related to intentional at the enterprise in order to save money are not at all uncommon. Curiously, from a legal point of view, absolutely any employee can lose his place due to staff reduction.

It will not be possible to avoid this even for those who, during the entire period of their labor activity, have never been caught in violation of internal regulations.

Unfortunately, many unscrupulous employers use this loophole in the law to fire employees who annoy them. In order not to become a victim of such arbitrariness, it is extremely important to be able not only to establish good relations with immediate superiors, but also to prove the importance of your position (and your personally) to the administration of the company.

At the same time, there are certain categories of employees who may not fear dismissal due to redundancy. It:

pregnant women;
underage workers;
trade union leaders;
persons who are on vacation at a particular moment (tariff, maternity leave, or even at their own expense).

It is also important to take into account that by dismissing an employee to lay off, the employer is obliged to delete the position he occupies from the staffing table. If this did not happen, the employee who lost his place has every reason to sue the organization. As a rule, such cases are 100% winning, and by the decision of the judge, the employee is reinstated in his previous position.

Dismissal in connection with the liquidation of an enterprise

Liquidation of an organization as a reason for dismissal

In contrast to the situation described in the previous section, in the case of the liquidation of an enterprise, the employee is usually powerless to prevent his dismissal. However, the employee has the opportunity to influence the circumstances and change them in his favor.

Usually, those enterprises that cease to bring stable income are subject to liquidation. If all employees of the organization, without exception, for some time forget about their personal ambitions and begin to invest all their energy in the development of the company, in the long term this can help the company become more profitable, and dozens of workers - to save their jobs.

Violation of internal regulations at the enterprise

This method is widely used by employers in order to get rid of especially careless employees that interfere with the normal functioning of the company. For a comprehensive consideration of this item, it is necessary, first of all, to understand: what is meant by the words "violation of the rules of the internal order"?

Violation of the rules of order in an organization (or, in other words, labor discipline) usually means:

becoming regular;
absenteeism for whole working days;
appearance at the workplace in a state of intoxication (alcoholic or narcotic);
damage or theft of an enterprise owned;
waste of money belonging to the company;
disclosure to third parties of any information about a company classified as "".

It is important to take into account that in order to dismiss an employee for any of the above reasons, all violations committed by him must be documented in the manner described by the relevant law.

At the same time, the management undertakes to give the employee not only familiarize himself with each of such evidence, but also give a written explanation of what happened (that is, try to refute the fact of violation and prove his innocence).

What can a worker caught in a violation do? First, he retains the right to write or not write a corresponding explanatory note. Moreover, choosing the second option, the employee, as it were, automatically admits his guilt and agrees to be fired, about which another act is immediately drawn up signed by several independent witnesses.

Secondly, the employee can (and even should) closely monitor compliance with the follow-up course. If, in the course of bureaucratic red tape, the employer makes any mistake, the employee will have the right to demand reinstatement in his previous position through the court (even if his violations of the company's internal regulations really took place).

Dismissal due to non-compliance of an employee with the position held

They can also be dismissed from work due to inconsistency with the position held.

Under this article, they are extremely rare in real life, because in practice it is quite difficult to prove that an employee does not have the necessary qualifications.

Usually, for this purpose, an entire attestation commission is created, whose purpose is to determine whether a particular employee is able to cope with all the responsibilities assigned to him.

What happens if, according to the decision of the commission, the employee does not correspond to the position held? In this case, the employer is obliged to offer the employee a less qualified position in the same enterprise. And only if the employee refuses to go down, he can be fired completely.

Fortunately, workers always have the right to challenge the decision of the attestation through the courts. The won case guarantees the employee the return to the previous workplace, and sometimes monetary compensation for the inconvenience. For this reason, most employers try not to refer to this article of the Labor Code unnecessarily, preferring to dismiss unqualified workers under different wording.

For immoral behavior

Immoral behavior is a reason for dismissal

According to the latest amendments to the Labor Code, now an employee can be deprived of his job for immoral behavior. True, the corresponding wording in official documents remains very vague, and with success this article on the territory of the Russian Federation is applied only to workers in the education sector.

Citizens who work not in educational institutions are not yet threatened with dismissal with such a wording. It is important to remember: as with any other violation of labor discipline, before firing someone, the employer must prepare evidence of the employee's wrongdoing.

The worker is obligatorily acquainted with the relevant documents and is also given a chance to write an explanatory note and justify himself.

Dismissal of an employee for refusing to perform his direct duties

Do not fulfill your official duties - dismissal!

According to the current legislation, the employer has the full right to change the work schedule, size, as well as the list of responsibilities for any of the positions existing in the organization under his supervision. And not always such changes suit company employees.

Having found himself in such a situation, the employee, as a rule, faces a choice: to resign of his own free will, or to refuse to perform part of his job duties, insisting on improving conditions or wages. However, when choosing the second option, it is important to understand: failure to comply with certain points of the job description may result in dismissal on completely legal grounds.

A little consolation in this situation is the fact that the employer is still required by law to notify employees of upcoming changes in job descriptions at least two months in advance. Usually this time is enough to find a new job with more suitable conditions and wages.

An interesting fact: in the event of a change in the actual address of the company, for example, the relocation of its entire state to another locality, an employee who refused to travel may also be fired for failure to fulfill his duties.

In the event of a change in the owner of the enterprise

Employees holding certain managerial positions (directors and their deputies, chief accountants, etc.) may be threatened with dismissal even if the actual owner of the company in which they work changes. At the same time, according to the law, the new employer is obliged to offer such employees positions with lower qualifications.

The very same procedure for dismissal is launched only if the employee refuses to go down. Fortunately for the employees of the company (as well as for the lower and middle managers), they are not affected by this threat. A change in the firm's management is unlikely to bring about any visible changes to their daily routine.

Be careful! 10 very stupid reasons to quit your job - in the video:

LABOR CODE

When can an employer fire an employee?

“I am interested in when an employer has the right to fire an employee. I would like to receive detailed information. " Sergey Viktorovich (Kursk).

Answers senior Assistant to the Prosecutor of the Seim District Anzhelika Ovsyannikova: “The employer does not have many reasons for dismissing employees on his own initiative. Their list is determined by Article 81 of the Labor Code of the Russian Federation. In addition, there are additional grounds for the dismissal of certain categories of workers. The list of these grounds is clearly limited, and in almost all cases the employer is obliged to justify the dismissal and comply with a strictly defined procedure, it does not matter whether it is a question of reducing the number of employees or disciplinary actions. Unlike an employee, an employer does not have the right to terminate an employment contract, guided only by his own desire without sufficient grounds.

Thus, an employment contract may be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction of the number or staff of employees of the organization, individual entrepreneur;

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

4) change of the owner of the organization's property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by the employee without valid reasons of labor duties, if he has a disciplinary penalty;

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

a) absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

b) the appearance of an employee at work in a state of alcoholic, drug or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that have become known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including small) someone else's property, embezzlement, deliberate destruction or damage established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) violation of labor protection requirements by the employee established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

8) an employee performing educational functions has committed an immoral offense incompatible with the continuation of this work;

9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their job duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

12) provided for by an employment contract with the head of the organization, members of the collegial executive body of the organization.

Dismissal of an employee at the initiative of the employer (except for the case of liquidation of the organization or the termination of activities by an individual entrepreneur) during the period of his temporary disability and during the period of his vacation is not allowed.

Up ▲ - Reader Reviews (2) - Write a Review ▼ - Print version

I have such a question, I work in the oil industry, Rosneft company.

Hello, I work in a microfinance company, on my legal weekend there will be a meeting to which I cannot go for personal reasons, having warned my superiors about this. I was followed by an answer, write a letter of resignation, supposedly attendance is required, but there is no such condition in the employment contract and in the company's regulations, even if they create it, my signature is not available in connection with acquaintance, tell me how to be in such a situation

It might be helpful to read:

Name: *
E-mail:
Town:
Emoticons: