Why can an employer fire an employee? Legal grounds for dismissal of an employee without his consent. Dismissal at the request of the employee

Dismissal can be caused by completely different reasons. Most often, employees leave own initiative. Note that this situation is the most acceptable for the employer, because there is no risk that the subordinate can 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. How to proceed in such a case? How to fire an employee without violating the Labor Code?

Of your own accord

Many managers believe that layoffs own will employee is the best and easiest option. The subordinate writes a statement, works for 14 days, receives a full payment and takes the work book. And everything is in the bag. But this is not entirely true, there can be many nuances. For example, if a person can no longer fulfill his labor duties due to certain circumstances (for example, he entered a university, retired, moves to another city for permanent residence, goes to a hospital for an indefinite period of treatment, 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 authorities may oblige the employee to work for the required 2 weeks until a replacement is found.

Quite often, difficulties arise when you need to fire an employee for probationary period. In this case, the period of its development 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 make a settlement with the employee on the last day of his stay in the service, at the same time he is also 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 this, of course, one desire 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, how to fire an employee at the initiative of the director? First, it is worthwhile to understand that the Labor Code of the Russian Federation provides an exhaustive list of grounds on which an employment contract with a subordinate can be terminated. In particular, these are the cases:

1. Complete liquidation of an enterprise or individual entrepreneur.

2. Reducing the staff or the number of employees.

3. Inconsistency of the employee with 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 the condition that the employee already has a disciplinary sanction.

6. One-time gross violation of one's 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, embezzlement or deliberate damage to someone else's property (if there is a corresponding court decision);
violation of labor protection requirements (if it is established by the labor protection commission);

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

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

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

10. Single gross violation job duties chief or his deputies.

11. Providing false documents when applying for a job.

12. In other cases provided for by law or an employment contract.

Liquidation of the organization or reduction of staff

If the enterprise is planned to be liquidated or a reduction in the number of employees is coming, then it will not be possible to dismiss employees at their own request. You have to act according to the letter of the law.

Firstly, if we are talking about the liquidation procedure, then this fact must be documented in writing. If the reduction is carried out at the enterprise, then the employer is obliged to prepare documents where the reasons for the reduction in the number of employees should be given. For example, if it is proved in court that the employer did not need to reduce, then the employee can easily be reinstated.

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

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 correspond to his position still needs to be proven. The knowledge of the employee will have to be tested. To do this, conduct an extraordinary certification. An order for the enterprise creates certifying commission of several people (the leader does not have to be there). Also, a special provision should be developed for the appraisal of employees. It indicates the timing, evaluation criteria and the procedure for such an event.

Subordinates are introduced to this position against signature. It is also necessary to approve the composition of the commission. It may include a 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, you need to get the conclusion of the commission that the person 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 not having 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 dismiss an employee if he violated labor discipline? In this case, you need to be very careful, since even the slightest mistake can lead to the fact that the employee will be reinstated by court order. First, remember the following points:

You can't be fired for a single misdemeanor. According to the Labor Code, employees who violate the routine and rules repeatedly are subject to dismissal. Lawyers advise writing a dismissal order only in case of a third violation labor discipline. For the first two acts, the employee must have reprimands (with entry in 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 be reprimanded. You can safely fire 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 note 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 an article, you still need to pay him off: wage arrears are paid off, for unused vacation paid sick leave (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 deadlines, receive an explanatory note from the subordinate, then you can be sure that it will be almost impossible for the violator of discipline to be reinstated at work.

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 the authorities about his absence, which means that you can immediately dismiss him for absenteeism. But it's not all that simple. Even if the employee was absent from work for more than 4 hours in a row or the entire working day, you must get an explanation from him. In addition, the employee may have a good reason. If the next day he brings a sick leave certificate 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 disappears 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 stating that he should come 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 draw up written acts on the absence of a person in the workplace. If during this time the employee does not appear, you can draw up an order to dismiss. An example of such a document might look like this:

Drunk Appearance

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

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

It would be even better if you send a subordinate for a medical examination. For example, it can be carried out by a narcologist. A medical report, an act of a commission, testimonies are the most important documents that give every reason to say goodbye to an employee who likes to take a drink during working hours.

When the employee is already in a sober state, demand from him a written explanation of his act. If he refuses to write such a paper, draw up an act about this as well. After all these procedures, write a letter of resignation. A sample 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 "drunk".

Dismissal on sick leave or vacation

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

If the company is liquidated, then all employees can be fired (even if they are on vacation or sick). Also, an employee who is on sick leave can pay himself. That is, dismissal of one's own free will, even if the employee has an unclosed disability certificate, is allowed.

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 allowance for sick leave to him. This rule applies if the disability certificate is closed within 30 days after the person leaves work.

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

Other reasons for leaving

The Labor Code provides for more than 10 grounds for dismissal of an employee at the request of the boss. In particular, they include theft of property at the place of work or its damage. But it is very important to understand that only a court can recognize a person guilty of theft. The head, of course, has the right to conduct an internal investigation, interview witnesses, but dismissal cannot be made without a court decision. Therefore, do not neglect this requirement.

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

Special grounds

A very interesting case is the termination of the contract due to the loss of trust. How to dismiss an employee on this basis? Many employers forget that only those employees whose activities are directly related to the maintenance of commodity and monetary values can be fired in this way. For example, Chief Accountant does not fall under this category. He must not receive money or other valuables by check. For this reason, it is also impossible to say goodbye to the merchandiser, controller, marker and other persons who do not bear financial responsibility.

What else can you fire an employee for? Special grounds also include the commission of an immoral act. However, in this case, it is possible to terminate the employment contract only with the employee who performs educational functions. At the same time, the concept of "immoral act" is not explained by law. It can only be noted that this includes obscene statements or behavior that humiliates another person, the appearance of a drunk in in public places. In any case, the employer (director) himself must determine the severity of the teacher's act and, on this basis, already decide whether he is subject to dismissal or not.

Dismissal of objectionable 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 set up their bosses, which can harm the company. Of course, this is not a trade secret, however, many managers would like their subordinates to spread as little as possible about the successes or failures of the enterprise, its corporate policies, etc. How to fire an objectionable employee? Naturally, say goodbye to the employee for his long tongue will not work. 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, doubt his suitability for his position, and finally, be fired under the article. In a word, here every leader must show ingenuity and ingenuity. You should not rashly write an order and dismiss a subordinate, for example, for violating discipline, if he has not had a single reprimand before. It would also be a mistake to fire him due to downsizing if in fact no downsizing is foreseen. The main thing is that from the position of the law everything is perfect, and the employee has no reason to sue.

Payouts when leaving work

For what you can fire an employee, we found out in more than detail. Finally, it is necessary to mention the calculation. Subordinate on the last day of his work is entitled to payment wages for hours worked, as well as other stipulated accruals. This rule applies to all employees. Even if an employee is fired as a result of his guilty actions, 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 sick leave. Payment for sick leave to a terminated employee must be made within 30 days of settlement. And the last thing: on the day of dismissal, do not forget to give the employee a work book.

Labor law Russian Federation drawn up on 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, which is carried out at the suggestion of the employer, must be followed exactly so as not to face a possible challenge to this decision and unpleasant sanctions.

Consider the legislative grounds on which the employer has the right to dismiss his employee.

General requirements for dismissal articles of the Labor Code

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

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

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

management (clause 3 of article 278 of the Labor Code of the Russian Federation);
personnel working for individual entrepreneurs (Article 307 of the Labor Code of the Russian Federation);
hired workers performing home work (Article 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 objectionable or for some reason not suitable for him is reflected in Art. 81 of the Labor Code of the Russian Federation. Dismissal during the 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 relations can be divided on various grounds.

Who is applicable to. Most of the points (clauses 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 forced dismissal. It can be:
- any employees (including homeworkers and part-time workers), if they are temporarily unable to work and this is documented, or who are on any type of vacation;
- women preparing to go on maternity leave (they can only be fired upon liquidation of the company);
- employees who have not yet turned 18 (they are entitled to be fired only from a liquidating organization);
- employees who have young children (under 3 years old) in their care (the reason for dismissing them may be the same liquidation of the company or a serious misconduct of such an employee with proven guilt);
- single parents whose children are under 14 (reasons for legal dismissal may be the same as for mothers of three years old);
- parents of disabled children (same exceptions);
- employees of trade union bodies (they are allowed to be dismissed only due to reduction, non-compliance with the position, or a recorded violation of the performance of their duties);
- members of commissions for the resolution of labor disputes (you can dismiss if the employee is really guilty of a misconduct, or if the relevant body has agreed).
Did the employee give a reason? On this basis, all dismissal articles can be classified into:
- caused by the guilty actions of the dismissed person;
- unrelated to his possible guilt.

Specific dismissal articles of the Labor Code

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

The decisive factor in dismissal is the presence of proven guilt

P. 5 Art. 81 of the Labor Code of the Russian Federation speaks of a justified reason for getting rid of an employee if they have violated their labor duties more than once, which is recorded 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;
- non-fulfillment of duties due to a change in the rules of the labor schedule;
- evasion from passing a mandatory medical examination, special training, certification in labor protection.
P. 6. Art. 81 of the Labor Code of the Russian Federation allows you to fire for gross misconduct (once is enough):
- absenteeism;
- appearing at work drunk or drugged;
- disclosure of 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 legitimacy of dismissal for providing false documentation or knowingly false data during employment (meaning only documents and information that have crucial when hiring).

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

Dismiss an employee who is not at fault

P. 1, Art. 81 of the Labor Code of the Russian Federation- the most comprehensive, it is valid for absolutely any category of personnel. It provides for the termination of the existence of an organization or activity of an individual entrepreneur-individual.
P. 2 Art. 81 of the Labor Code of the Russian Federation allows the dismissal of "unlucky" employees who have fallen under a reduction in the number or staff. The number speaks of required quantity personnel that ensures the functioning of the enterprise, and the state provides for the number of managers, administration and some individual specialists. Dismissal can take place during the "redrawing" technological processes or change.
P. 3 Art. 81 of the Labor Code of the Russian Federation allows to legally terminate the contract with an employee who turned out to be inappropriate for his position (according to objective reasons health or the results of the certification).

NOTE! Both in the case of a "guilty" reason, 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 following rules proven by practice.

Accurately and strictly follow the dismissal procedure, characteristic for each of the dismissal articles of the Labor Code of the Russian Federation:
- observe the terms of advance notices;
- do not neglect written confirmation of the facts of misconduct;
- timely take care of the employee's signature on familiarization on all types of dismissal documentation, and in case of refusal to sign, on the relevant act;
- timely and in full to pay the funds due to the employee upon departure;
- timely return to him a work book with records of dismissal made in accordance with the protocol.
If possible, use the wording "of your own free will" when dismissing. If the dismissed person has committed a misconduct, such a reason indicated in the documents will not cast a shadow on his future reputation. For the employer, the plus of this article is that. That the dismissal cannot be challenged in court.
If it is important for the employer to fix the fault of the employee upon dismissal, the letter of the Labor Code of the Russian Federation should be followed very precisely when registering the dismissal.
If we consider judicial practice in challenging the grounds for termination of employment relations, the following articles of dismissal are the most problematic for the employer:
- for disclosure of secrets protected by law (clauses in clause 6 of article 81 of the Labor Code);
- for the adoption by an employee of a management team of a decision without reason, which caused a loss, misuse or violation of the safety of assets (clause 9 of article 81 of the Labor Code).

These grounds can be interpreted ambiguously, so that the employee can more easily prove the wrongfulness of the dismissal. This creates additional problems for the employer, since in case of an ambiguous interpretation, the court usually gives preference to the “weaker” party, that is, the representative of the staff.

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

Now there are fewer of us...

Paragraph 4 of this article states that the head, his deputies and the chief accountant can be fired when the owner of the organization changes. In this situation, only the above persons can be fired. Ordinary employees new owner under this article, he is not eligible to be fired.

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

When reducing the number or state, there are several groups of people who enjoy the exclusive right not to lose their jobs. These people include breadwinners and people with long uninterrupted work experience. this enterprise, in an institution, organization.

Mismatch…

Another reason for dismissal is specified in paragraph 3 of Art. 81 of the Labor Code: "Inconsistency 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 attestation 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 for its implementation. The subject is given a task that does not go beyond the scope of the job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be obviously impossible, for example, in terms of deadlines, you can write a complaint to the labor inspectorate and challenge the results of the certification in court. A final report is drawn up on the results of certification.

Dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. It could be like vacant position or work corresponding 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. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided collective agreement agreements, employment contracts. In the event that an employee writing refuses all offers made to him, the employer can fire him.

Failure…

An employee can also be fired for non-compliance. 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-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction."

Failure by the employee must be repeated and without good reason. Moreover, a disciplinary sanction must 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 execution by an employee due to his fault of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

remarks, reprimand or dismissals on the 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 must be:

a) repeated;

b) without good reason.

If there are good reasons, then the employee must state them in writing. And at the same time, the employee must already have a properly executed disciplinary sanction.

Ivanov, late again!

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

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

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

If you need to be absent from work, write a statement in duplicate, on which your management puts its resolution “no objection”, date and signature. The first copy is with the authorities, the second is for you.

Delays are different. "A single gross violation is also considered to be absent from the workplace without good reason for more than four hours in a row during the working day (shift)." That is, if you are late for work for an hour, you cannot be fired under this item. However, for repeated delays, a disciplinary sanction can be imposed and subsequently dismissed under paragraph 5 of Art. 81, as for repeated non-fulfillment by an employee without good reason of his labor duties.

Theft and embezzlement

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

Already from the text of the law it is clear that in order to dismiss an employee on this basis, a court decision or a decision of an authorized official is necessary, that is, an investigation must be carried out. However, in practice, an employee may be asked not to make a fuss, which in different circumstances can affect both the reputation of the employee himself (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 mismatch professional qualities employee of the position. 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 to do if you were fired for?

Be careful!

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

The Labor Code also provides that termination of an employment contract at the initiative of the employer may also occur in other cases provided for by the employment contract with the head of the organization and members of the collegial executive body organizations. And in each case, checks must 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 in pen...

What to do if, in your opinion, an illegal entry has appeared in the labor? 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, may decide to recover in favor of the employee monetary compensation for moral damage caused to him by these actions.

Moreover, if the dismissal is declared illegal by the court, the employee has the right to ask the court to change the wording of the grounds for dismissal to dismissal of his own free will. In accordance with paragraph 33 of the Rules for the maintenance and storage of work books, the production of work book forms and the provision of employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, if available in work book records of dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate of the work book at the last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.

Due to the incredibly frequent requests for help with layoffs, we have compiled a TOP 7 specifically for job seekers important rules- Dismissals under the article. Information was collected during 2013-2015. so that you can confidently communicate 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 labor issues with employers. And professional success to colleagues HR!

We have prepared more articles for you

Today, due to the difficult economic situation, it is scarier than ever. At the same time, they are under the threat of dismissal as violators internal regulations companies, and quite conscientious workers.

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 can be on reduction

In a crisis, layoffs associated with intentional at the enterprise in order to save money are not at all uncommon. What is curious, 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, for the entire period of their labor activity I have never been caught violating the rules of the internal regulations.

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

At the same time, there are certain categories of employees who may not be afraid of layoffs. This:

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

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

Dismissal in connection with the liquidation of the enterprise

Liquidation of the organization as a reason for dismissal

In contrast to the situation described in the previous section, in the case of the liquidation of the 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. If, without exception, all the employees of the organization for some time forget about personal ambitions and begin to invest all their efforts in the development of the company, in the future this can help the company become more profitable, and dozens of workers can save their jobs.

Violation of internal regulations at the enterprise

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

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

, acquiring a regular character;
absenteeism for whole working days;
appearing at the workplace in a state of intoxication (alcohol or drugs);
damage or theft, owned by the enterprise;
embezzlement of funds belonging to the company;
disclosure to third parties of any information about a company classified as "".

It is important to bear in mind 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 to familiarize himself with each of such evidence, but also to give a written explanation of what happened (that is, to try to refute the fact of the violation and prove his innocence).

How can an employee caught in violation act? Firstly, he retains the right to write or not to write an appropriate 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 next step. If the employer makes any mistake during the bureaucratic red tape, the employee will have the right to demand reinstatement in his previous position through the court (even if he actually violated the company's internal regulations).

Dismissal due to inconsistency of the employee with the position held

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

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

Usually, for this purpose, an entire certification commission is created, whose goal is to determine whether a particular employee is able to cope with all the duties 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 permanently.

Fortunately, workers always have the right to challenge the decision of the certification through the courts. A won case guarantees the employee a return to the previous workplace, and sometimes monetary compensation for the inconvenience caused. For this reason, most employers try not to refer to this article of the Labor Code without a real need, preferring to dismiss employees who are not qualified in terms of other 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 a job for immoral behavior. True, the corresponding wording in official documents remains very vague, and with success this article in the territory of the Russian Federation is applied only to educators.

Citizens who do not work in educational institutions are not yet threatened with dismissal with a similar wording. It is important to remember: as in the case of any other violation of labor discipline, before dismissing someone, the employer is obliged to prepare evidence of the offense committed by the employee.

The worker is necessarily introduced to the relevant documents and is also given a chance to write an explanatory note and justify himself.

Dismissal of an employee for refusal to perform his direct duties

Do not perform official duties- dismissal!

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

Finding themselves in such a situation, the employee, as a rule, faces a choice: to quit of his own free will, or to refuse to perform part of his job duties, insisting on improving working conditions or wages. However, choosing the second option, it is important to understand that failure to comply with certain items of the job description can lead to dismissal on completely legal grounds.

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

An interesting fact: in the event of a change in the actual address of the company, for example, moving its entire staff to another locality, an employee who refuses to travel may also be dismissed for failure to perform their duties.

In case of change of ownership of the enterprise

Employees who hold certain leadership positions(directors and their deputies, chief accountants, etc.) may be at risk of 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 dismissal procedure itself is launched only if the employee refuses to go down. Fortunately for ordinary employees of the company (as well as for lower and middle managers), this threat does not apply to them. A change in the management of the firm is unlikely to bring any visible changes to their usual work schedule.

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

LABOR CODE

When can an employer fire an employee?

“I'm interested in the cases in which the employer has the right to fire an employee. I would like to receive detailed information". Sergei Viktorovich (Kursk).

Responsible Senior Assistant Prosecutor of the Seimsky District Anzhelika Ovsyannikova:“There are not many grounds at the disposal of the employer on which he can dismiss employees on his own initiative. Their list is defined 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 follow a strictly defined procedure, no matter whether it is a reduction in the number or disciplinary actions. Unlike the employee, the employer is not entitled to terminate the employment contract, guided only by his own desire without sufficient grounds.

So, the employment contract can be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activities individual entrepreneur;

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

3) non-compliance 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 property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

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

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

a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in 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, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became 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) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created real threat occurrence 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) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable 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 labor duties;

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

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

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation.

Up ▲ — Reader reviews (2) — Write a review ▼ - Print version

I have a question, I work in oil industry Rosneft company I passed a medical examination, as a result of which an order was issued against me not to involve me in work at a height due to my vision, I will probably be fired (

Hello, I work in a microfinance company, on my legal weekend there will be a meeting that I cannot go to for personal reasons, having warned my superiors about it. I followed the 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 the acquaintance, tell me how to be in such a situation

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