What reasons can be indicated for leaving a job in a resume? Reasons for leaving a job according to the Labor Code of the Russian Federation

According to Article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

Article 80 of the Labor Code of the Russian Federation (LC RF), entitled “Termination of an employment contract at the initiative of the employee (at his own request),” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing about dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
• the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of receipt. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

• reaching retirement age;
• the need to move;
• some diseases;
• beginning of studies at a higher or secondary specialized institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

• code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information about payments and other remunerations, about the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

• wage;
• compensation for unused holidays;
• payments under an employment or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary incapacity for work. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and sick pay.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, drawing up an order and familiarizing yourself with it in case of early dismissal takes place in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
2. Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
3. Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

Video

Each hired person is free to determine his preferred professional direction, the form of his employment, as well as the desired workload. His right to work freely and not be afraid of the arbitrariness of managers is guaranteed by labor legislation. It also contains the basic principle of interaction between an employee and his employer: for dismissal at the request of the employer there must be good reasons, and dismissal at the initiative of the employee is possible simply upon his application.

What may be the grounds for dismissal at the initiative of an employee under the Labor Code of the Russian Federation?

The main norm of the Labor Code of the Russian Federation for an employee seeking to change or leave his place of work is considered to be Art. 80 Labor Code of the Russian Federation. According to her, no employer can refuse to dismiss his employee, of which he was notified in writing at least two weeks in advance. At the same time, a person has the right not to specify the reason for his departure and not to agree to a longer period of work. Only those who have decided to shorten or completely avoid the warning period about the upcoming settlement should inform the employer about the details of the current life circumstances.

Special norms of the Labor Code regulating the procedure for dismissal at the initiative of an employee relate to particulars:

• extended period of service for managers, Art. 280 Labor Code of the Russian Federation;
• deferment of dismissal until the end of the vacation, art. 127 Labor Code of the Russian Federation;
• opportunities to change your mind, art. 64 Labor Code of the Russian Federation.

Conventionally, the employee’s desire can also be called the option of terminating the employment contract by agreement with the employer, Art. 78 Labor Code of the Russian Federation.

Reasons for voluntary dismissal

The law does not prohibit the manager from asking the employee the reasons that prompted him to write a statement of his own free will. But at the same time, if the person himself does not agree to disclose them, the employer cannot insist or put forward additional conditions. Every working specialist must understand that, on his personal initiative, an employment contract of any type can be terminated: fixed-term, open-ended, seasonal, or while replacing an absent employee. Moreover, you can write a resignation letter at the employee’s initiative even the next day after signing the employment contract.

An employee who has given two weeks' notice of dismissal is not required to explain the reason or give additional explanations regarding his resignation.

On a sick leave

The general procedure for dismissal at the initiative of an employee involves advance notification of management of his intentions. But during the 14 days allotted for this, many events can happen that can affect the timing and dates, and sometimes even the desire to leave. In particular, often during the working period the employee who wrote the application goes on sick leave. If the period of incapacity for work ends quite quickly, then the HR department does not have problems with dismissal and transfer of documents. More difficulties are associated with the fact that the employee does not recover by the scheduled payment date.

The firm conviction that dismissal during vacation or sick leave is prohibited makes the personnel officer think about the correctness of his own actions. In fact, it is impossible to terminate an employment relationship with an unhealthy employee solely on the basis of the employer’s wishes, Art. 81 Labor Code of the Russian Federation. If the desire to pay off arises from the employee himself, then formalize the dismissal of the employee on the basis of Art. 80 of the Labor Code of the Russian Federation is necessary within the planned or specified time frame. At the same time, the employer remains obligated to pay him for his sick time, pay the required paychecks and hand over the work the next day after recovery.

For health

If an employee’s incapacity for work becomes systematic and prevents him from working fully, then he may refuse to continue working so as not to wear out his already deteriorating health. You need to understand that we are not talking about establishing disability or inadmissibility to work for medical reasons, because then the contract will be terminated for reasons beyond the control of the parties, Art. 83 Labor Code of the Russian Federation.

For those who do not feel the strength to continue their work in their current position, there is a legal basis not only to pay off at the employee’s initiative, but also to dismiss the employee on the same day. The same article allows you to leave quickly. 80 of the Labor Code of the Russian Federation, which states that a valid reason for refusing to work is considered to be the inability to no longer perform one’s labor functions.

The right to assess the seriousness and validity of the grounds listed by the employee is reserved to the employer.

By early dismissal

When a native enterprise begins to experience economic or organizational difficulties, it often sacrifices part of the team and announces a reduction in personnel or staff. It is difficult to imagine that most of them really wanted to look for a new job, but even in this case there is an opportunity to convey their own will to management.

Is it possible to change your mind about quitting?

It so happens that a person makes a decision to leave in the heat of the moment, but in fact, he did not plan to change his life so radically. The Labor Code allows an employee to change his mind and withdraw his application without consequences if he managed to change his intentions before the date of dismissal.

Those who have chosen payment after using their vacation and have already managed to go on vacation are deprived of this opportunity, Art. 127 Labor Code of the Russian Federation. This group also includes those whose position has already been filled by a new employee, and he entered on the terms of a transfer from another company, Art. 64 Labor Code of the Russian Federation.

Anything can happen in every person's work history, and changing jobs is not such an exceptional event. In order to ensure that parting with a previous employer does not turn into unpleasant memories, the employee must, firstly, clearly understand what he is entitled to, and secondly, remember the obligations that remain with him.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Termination of employment with an employee can occur for various reasons. These include both objective and subjective (they didn’t get along with the boss). The exact legal grounds for dismissing an employee are specified in the norms of the Labor Code; the list of these grounds is exhaustive. Therefore, although there may be many reasons for the dismissal of a valuable personnel, the grounds for dismissal, which are included in the labor report and sound in the order, must comply with the norms of the legislation in force at the time of the dismissal. A specialist can quit his job either of his own free will or against his will when certain circumstances arise.

Dismissal according to the norms of the Labor Code of the Russian Federation

Labor legislation establishes general grounds, that is, reasons for termination of labor relations between an employer and an employee. Such grounds include:

1. agreement of the parties by concluding a written agreement between them;
2. expiration of the employment contract without extension (without a written provision for its automatic continuation);
3. the desire of the employee himself to terminate the employment relationship;
4. the employer's initiative to terminate a contract with an employee for reasons specified in the Labor Code;
5. carrying out the transfer procedure (if, of course, the employee consented to this);
6. if an employee moves to an elective position;
7. if the employee refuses to continue the employment relationship, but due to a change in the terms of the contract, or if the company where he works has changed its owner;
8. if an employee refused to work in a reorganized company, under new conditions, or due to a change of subordination;
9. for medical reasons - if the employee is not suitable for health reasons, and the company cannot offer him another position for objective reasons;
10. if the employee himself refused to move to another position at this enterprise, allowed to him due to his health status;
11. if the employer changes its location and the employee refuses in connection with this, move to work in another location;
12. for the reasons provided for in Article 83 of the Labor Code, when neither party is responsible for the circumstances that have arisen;
13. if the employment contract with the employee was concluded with such violations that cannot be eliminated, therefore it is impossible to continue working together;

The Code also provides other grounds for dismissal, the main thing is that they are consistent with the main reasons above and the norms of the law. Let us consider the above grounds in more detail so that we can determine whether they are suitable for a specific work situation or not.

Dismissal by agreement

If the employer and employee have come to a common agreement that the employment relationship between them should end, the most favorable solution for both parties is to write an agreement to terminate the employment contract. At the same time, this agreement can be written either as a separate document or as an annex to the main employment contract.

Employees for whom the employer does not want to spoil their work experience are also dismissed by agreement. This also happens often. Such a basis for dismissal as an agreement between the employee and the enterprise is provided for in Article 78 of the Labor Code. Also, this wording of dismissal is beneficial to those employers who have entered into an open-ended employment contract with the employee, but they need to fire him, and according to the article, it is not possible, and they do not want to.

As in every case of dismissal, termination of employment by agreement must be formalized correctly, and exactly in accordance with the standards formulated in the Labor Code. As the Plenum of the Supreme Court of March 17, 2004 explained, the parties can change the dismissal agreement only by mutual agreement, equally as the terms of dismissal. Based on this, we can conclude that the Supreme Court confirmed that upon the date of dismissal specified in the agreement, the employee can be dismissed, even while on sick leave.

The legislator also establishes relative freedom in the choice of expression of the will of the parties to labor relations to terminate them. Thus, if there are no special conditions about severance compensation, etc. is not provided for by agreement of the parties, the employee can write a statement with a request to dismiss him by agreement of the parties. The employer, by signing this application, thereby agrees with the employee’s desire to resign, as well as with the date of dismissal. On the last working day, all payments must be made to the employee, and a work book must be issued, which is filled out on the basis of an order issued by the manager. In this case, the employee can no longer withdraw his application.

If the contract has expired

It is possible to conclude an employment contract with an employee only when there is no possibility of a permanent employment relationship with him, due to the specifics of the work or other circumstances. Such circumstances, for example, include the temporary fulfillment by an employee of the obligations of the main employee who is temporarily absent (due to maternity leave, illness, other valid reasons), as well as if the employee is hired for a position to perform a strictly limited job function, that is, to achieve a certain goals, results.

Accordingly, from the moment a certain work is performed, the employment contract with the employee is terminated. Temporary labor relations are also provided for with a seasonal worker, which are valid only for a strictly defined time. Three days before the end of the contract, you need to notify the employee in writing that the employment contract with him is ending. That is, upon expiration of the contract, the employer has grounds to dismiss the employee.

If the main employee returns to work, then, accordingly, the employment contract with the employee who temporarily performed his labor functions ends. All this must be spelled out in the terms of a fixed-term employment contract. In the labor contract and in the order, the appropriate wording must be preserved, and upon dismissal, reference must be made to the norms of Article 79 of the Labor Code.

At your own request

The law provides citizens with freedom of expression. This freedom also applies to the freedom to choose a profession, as well as work at a specific enterprise. The grounds for dismissal based on the free will of an employee are contained in the provisions of Article 80 of the Code. But the employee must notify him of his desire to leave his current position at least two weeks in advance. Sometimes the employer accommodates the employee and allows him to leave earlier than the agreed time, which should be noted accordingly in the employee’s application.
Payments and settlements with the employee are also made on the last day of his work. If an employee goes on vacation, it means on the eve of the vacation. An employee can resign at will even on sick leave. In this case, the employer does not have the right to demand from the employee two weeks of work after leaving sick leave if he announced his resignation while on sick leave.

The law establishes the grounds on which an employer is obliged to dismiss an employee on the day specified in the application, due to valid reasons: retirement, enrollment in studies, moving to another area during a spouse’s official transfer. But this list of grounds recognized as valid is not exhaustive. The same article 80 establishes that there may be other reasons. As practice shows, the main thing is that they seem respectful to the employer.

Dismissal at the initiative of the employer

Such cases are not uncommon. But in order to dismiss an employee at the initiative of the employer, the grounds must be compelling. And those that are consistent with labor legislation. In this case, the degree of guilt of the employee in initiating his own dismissal is taken into account. If there is no fault, there are statutory rights and compensation for employees upon their dismissal. The eighty-first article of the Labor Code provides for cases when an employee resigns not of his own free will, but by decision of the employer:

1. during liquidation, which involves the complete termination of the activities of a legal entity or entrepreneur;
2. when carrying out staff reduction measures;
3. based on the results of the certification, if it is established as a result of its conduct, the employee’s professional inadequacy;
4. when the owner of the property changes (this provision of the legal norm affects only the TOP management of the enterprise);
5. when an employee ignores the performance of his official functions, provided that he has already been involved and has a disciplinary sanction;
6. absenteeism, drunkenness in the workplace, or showing up to work drunk;
7. if it is established that the employee committed theft, theft, or other culpable action with the material assets of the enterprise;
8. in case of official negligence, if this entailed or could entail negative consequences for the organization where the employee works;
9. upon disclosure of trade secrets.

This is not the entire list of guilty actions of an employee, as well as situations in which it is possible to dismiss an employee without being interested in his expression of will. The conditions of employment contracts with the management of enterprises are especially strict when the contract may provide for any other basis for early termination of the employment contract.

Dismissal due to transfer

p>An employee may be dismissed in connection with a transfer to another organization on his own initiative or with his consent. The employee must confirm in writing his consent to the transfer to another employer. If a transfer is necessary, the company offers the employee a written transfer to transfer. Or, the employee must himself write a petition-statement in which he asks to be transferred. In both cases, the basis for dismissing the employee is the transfer, and not dismissal for other reasons.

When an employee is dismissed due to a transfer, the procedure is drawn up in such a way that both the employee’s invitation to a new employer and his will to move to another place of work are reflected in the documentation. A record of the transfer procedure must be made in the work book and in the employee’s personal card. It is necessary to refer in the order and in the labor report to clause 5, part 1, art. 77 TK. On the day of the dismissal procedure for transfer to another employer, all payments are made to the employee for the time worked and for unused vacation.

Reasons for dismissal from work, regardless of the initiative of the parties

Article 83 of the Code defines the circumstances of the dismissal of an employee that are independent of the will of the parties. These include:

It should be noted that even if there are grounds for dismissing an employee for the above reasons, in some cases, the employer is simply obliged to offer the employee another vacant position at the enterprise. And if the employee refuses to move to another position, or if there are no vacancies at the enterprise, the termination of the employment contract is formalized. These grounds include: reinstatement of a former employee in a position, in case of administrative disqualification of an employee, in case of termination of a license and access to state secrets.

Dismissal upon liquidation of an enterprise

If the employer is an entrepreneur and he ceases his activities for various reasons, as well as if the legal entity in which the employee is registered completely ceases its business activities, these circumstances are established as grounds for dismissal under the Labor Code.

The employer’s obligation to notify all employees in advance (two months) of the upcoming dismissal in connection with the liquidation of the enterprise is imposed by Article 180 of the Labor Code of the Russian Federation. Each employee must be familiarized with such notice of upcoming dismissal against signature. After the expiration of the two-month period, the employer can begin the procedure for dismissing employees. There is one important nuance - the employer has the right to notify employees of the upcoming dismissal only after the founders have made a decision to liquidate the company, and in writing.

The employee, in turn, is not deprived of the right to terminate the employment contract before the end of the two-month period. In this case, an order is issued containing information about the employee’s dismissal due to liquidation, as well as the amount of severance pay and additional payments due to him, in accordance with the law. After all, an employee dismissed in this way has the right to receive additional compensation from the employer, which should be calculated based on the amount of time before the end of the two-month period.

The peculiarities of dismissal in connection with liquidation are seen in the fact that the employer has the right to dismiss absolutely all employees, without exception. Including those who have additional labor guarantees and benefits. But it is important to understand that this rule applies only to those cases when the company is completely liquidated and not reorganized in any way. If, when staffing is reduced, certain categories of employees have the right to remain in their positions, then in the event of liquidation, not a single employee can be retained.

Articles of dismissal under the Labor Code due to staff reduction

Due to the crisis in the economy, many employers are forced to cut not only salaries, but also jobs. Therefore, only some employees may have an advantage over others to remain in the same place during a layoff:

1. those with higher qualifications, experience and productivity;
2. those with dependents (more than two);
3. if the employee is the sole breadwinner in his family;
4. employees who suffered during the performance of their work functions, receiving an occupational disease or injury;
5. disabled people and WWII participants;
6. employees who undergo additional training were sent from this enterprise, thereby improving their qualifications by learning on the job.

Sometimes, a collective labor agreement may contain additional grounds for leaving a job during a layoff, as well as a list of positions that cannot be cut.

Leaving a job is a serious event in a person’s life, since it is directly related to the problem of his livelihood. That is why the legislator regulates the issue of dismissal of employees in an exhaustive manner.

Depending on who insists on terminating the employment contract, a distinction is made between dismissal at the initiative of the employee and dismissal at the initiative of the administration.

Besides The Labor Code specifies and a bunch of grounds for dismissal of an employee, both dependent and independent of the will of the parties, which include the following :

agreement of the parties. The employee and employer may agree to terminate the employment relationship at any time. Cancellation of this agreement is again possible only with the mutual consent of the administration and the employee;

expiration of the employment contract. This basis applies to seasonal, temporary workers or those with whom a fixed-term contract was concluded. If, after the expiration of the contract, neither party demands its termination, then the contract is considered continued for an indefinite period;

transfer of an employee with his consent to another enterprise or transfer to an elective position;

refusal of an employee to transfer to work due to a change in significant working conditions;

the employee's conscription or entry into military service;

entry into force of a court verdict, which imposes a punishment on the employee that precludes the possibility of continuing this work.

reinstatement of an employee who previously performed this work;

other.

The transfer of an enterprise from the subordination of one body to another, or a change of owner, or reorganization (merger, accession, spin-off, division, transformation) does not terminate the employment relationship, unless there has been a reduction in the number or staff of employees.

Dismissal at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Based on the principle of freedom of labor and the inalienable right of everyone to choose a place of work, an employee has the right to terminate an open-ended employment contract at any time. The only condition that the law puts forward is employee's dutynotify the administration of your departure two weeks in advance. This period is necessary for the administration to find a replacement for the employee, and for the employee so that he can once again weigh the pros and cons of his decision, as well as find a new place of work himself. The warning must be given in in writing. After two weeks, the employee has the right to stop working, and the administration is obliged to issue him a work book and make a payment.

If the employee’s desire is caused by any valid circumstances (enrollment in college, the birth of a child, deterioration of the psychological climate in the team, etc.), the employment contract is terminated within the period specified by the employee.

If the employee stops working before the end of the two weeks, he may be fired for absenteeism. The employee has the right to withdraw his resignation letter before the expiration of this period if an employee is not invited to replace him by way of transfer.

If, after the expiration of the warning period, no dismissal order was issued, and the employee continues to work, dismissal is possible if he re-confirms his application, otherwise the employment contract is considered continued.

There are cases when the administration puts an employee in such conditions that he is forced to submit a letter of resignation from work. If an employee challenges such dismissal in court, the court will rule in his favor: the employee must submit an application for dismissal of his own free will voluntarily. The reasons for such dismissal themselves are not particularly important.

Can worker ahead of schedule terminate fixed-term employment contract ! The law provides such a right to the employee onlyif there are good reasons (illness, violation of labor legislation by the administration, etc.). If the initiator is the employer, he must notify about this in writing three days in advance.

To terminatetemporary and seasonal employment contracts the employee also needs to notify the administrationfor three days.

In general, it should be noted that the legislator treats both parties to the employment contract with understanding and tries not to infringe on the interests of either party.

Dismissal at the initiative of the administration (Article 81 of the Labor Code)

This is possible only on the grounds specified in the law. Yes, this is understandable: employees must be guaranteed against any surprises. In Art. 81 of the Labor Code indicates mainly reasons for dismissal of a personal nature, although there are also industrial reasons (liquidation of an enterprise, reduction in the number of employees, etc.).

Before dismissing an employee under Art. 81 of the Labor Code, the employer is obliged to fulfill a number of conditions depending on which paragraph of this article applies.

Clause 1 of Art. 81 TK. Liquidation of the enterprise or termination of activity by the employer - an individual. A market economy, in contrast to an administrative-command economy, is characterized by special dynamism. The determining factor here is the profit received from the sale of goods and services produced. The consumer for whom they are produced has very variable needs. This is why goods and services that were previously in demand may turn out to be of no use to anyone (and, accordingly, the activity of the enterprise) if the manufacturer was not able to look a little ahead and restructure production in advance. Of course, as a result of this, people employed at this enterprise will suffer. They will have to be fired due to the liquidation of the enterprise. However, the legislator seeks to soften this blow for them, setting nextorder layoffs:

the employer has an obligationwarn on the personal dismissal of each person dismissed against receipt, and no less thanin two months;

If the employee agrees, then you can fire him andwithout warning, ButV In this case, compensation must be paid ;

liquidation of an enterprise is always associated with mass dismissal and therefore the legislator requires the employer 3a warn the trade union committee about this for three months;

the employer is obliged take the necessary measures to mitigate the situation and at the same time he is obliged take into account the opinion of the trade union committee;

pay employeesseverance pay at the rate ofaverage monthly earnings ;

6) earnings are saved (by decision of the employment service) andduring the third month, if the employee is not employed by her within two weeks.

As we see, the legislator is trying very responsibly to resolve a situation that is negative for employees, although if we are talking about a job they love, then this will be just cold consolation.

Clause 2 of Art. 81 TK. Reduction in number or staff of employees . In a market economy, this situation is again not an uncommon occurrence, since there is competition that forces the enterprise to constantly reorganize. Often this reason is used to reduce the number of employees and free up excess labor. Legal practice has significantly expanded cases of dismissal. clause 2 art. 81 TK. This includes the abolition of one or more staff positions, and a reduction in the volume of work, and a reduction in the wage fund (since employers cannot, at their discretion, reduce the wages established in the employment contract, and this automatically leads to a reduction in the number of employees), and production automation , reducing the need for labor, etc.

Dismissal will be lawful if the following are met:conditions.

Occursreal, real staff reduction , and not imaginary. The courts must carefully clarify this and, in particular, get acquainted with orders to reduce staffing levels, staffing schedules, data on the reduction of the wage fund, changes in the nature of production, technology, etc. .

Dismissal of this employeecaused by the interests of production, and not because he didn’t please someone.

Dismisseddoes not have benefits to remain at work. The preferential right to remain at work in case of staff reduction is given to an employee with higher labor productivity and qualifications, in a word, with the best business qualities . But if in this regard workers are equal That taken into accountpersonal and family circumstances :

having two or more dependents;

absence of other persons in the family with independent income;

work injury or occupational disease received at this enterprise;

disability due to the Second World War and combat operations;

on-the-job training at the direction of the employer;

others (provided for by the collective agreement).

4. Administrationdoes not have the opportunity to transfer to another job that corresponds to the employee’s qualifications or if herefused the transfer.

Order staff reductions also regulated by law:

the employer has an obligation warn on the personal dismissal of each person dismissed against receipt, and no less than in two months;

If the employee agrees, then you can fire him and without warning , but in this case compensation must be paid at least two months of earnings ;

inform the trade union committee in writing about the upcoming reduction in two months and if it is of a massive nature, then no later than in three months;

dismissal to be made from taking into account the motivated opinion of the trade union committee;

pay employeesseverance pay at the rate ofaverage monthly earnings ;

earnings are saved (by decision of the employment service) andduring the third month, if the employee is not employed by her within two weeks.

In a word, reducing staff or the number of employees is not only a psychologically painful undertaking, but also quite complex legally.

Clause 3 of Art. 81 TK. Inconsistency with the position held or performed work. Only two reasons can be grounds for dismissal for non-compliance:

health status;

insufficient qualifications.

And although there is often nothing to reproach the employee for (it is not his fault), he can be fired, if these circumstances prevent the continuation of work. This occurs, for example, when replacing units and the worker’s inability to master them, when the driver’s vision decreases, or when there is a general decrease in working capacity due to age or injury. And etc. Unsatisfactory performance of work for the specified reasons may be evidenced by failure to meet production standards, systematic defects in work, failure to meet deadlines And etc. However, if partial disability, even confirmed by a medical document, does not affect the quality of work, dismissal will be illegal.

The discrepancy must prove to the administration, but the court always finds out whether the administration itself provided normal working conditions (operability of equipment, timely delivery of materials, safe and healthy working conditions, etc.). The novelty contained in the Labor Code of the Russian Federation is that the administration must now prove the fact of non-compliance publicly, that is, during certification, and not just to the court, where the dissatisfied person will go to complain.

You cannot be fired for non-compliance:

in the absence of a diploma of special education, if it is not required by law, and the employee copes with the job;

the employee is recognized as disabled and given a pension, but he does a good job. However, if the type of work requires employees to have special health requirements (for example, employees of catering departments, children's institutions, transport, air traffic controllers, etc.), the factor of quality of work performance does not matter.

Before dismissing on this basis to the employer you will have to do the following conditions :

1) insufficient qualifications revealed during certification may serve as grounds for dismissal, provided that the certification commission included a member of the trade union committee;

2) if the employee’s qualifications are insufficient, then the employer is obliged ask the opinion of the trade union committee and take it into account upon dismissal (in relation to an employee who is a member of a trade union);

3)necessaryoffer translation to another job available to the employer;

4)if the discrepancy is caused by health conditions, then the employee must be given aseverance pay in the amount of two weeks' earnings.

Clause 4 of Art. 81 TK. Change of owner of the organization's property . This rather ordinary event in a market economy can become fateful for the top echelon of the organization’s personnel, because the effectiveness of the organization’s work directly depends on managers. And if the new owner is not confident that the existing management team will be able to fulfill the tasks assigned to them, then he can fire them under clause 4 of Art. 81.

The legislator establishes only two restrictions or conditions , at which dismissal will be legal:

dismissal is possible only in relation to a very narrow circle of subjects:the head of the organization, his deputies and the chief accountant . It is these individuals in any organization who make important management decisions on which its sustainable and effective activities depend. Managers at lower levels, firstly, do not make decisions that are so fundamental to the life of the organization, and secondly, their activities are controlled and corrected by senior managers;

In case of dismissal, the new owner is obliged to pay severance pay in the amount ofat least three average monthly earnings . The increased severance pay is due to the fact that it is not so easy for qualified workers to find work at all. In addition, their hiring sometimes takes a long time, which is associated with the collection and verification by the employer of a large amount of information regarding senior managers. Sometimes these employees have to participate in a competition to fill management positions, which, of course, delays the process of their employment.

Clause 5 of Art. 81 TK. Repeated failure to fulfill job duties without good reason. This is a rather complex ground for dismissal, which can be applied if the following are present: conditions :

in the actions of the employee is seenguilt failure to perform or improper performance of one’s labor duties (intentional or careless);

availablefacts of violation work responsibilities, andrepeated , which allows us to talk about a system of violations and that the employee is by no means one of those who devote themselves to work and support the enterprise. The nature of the violations can be very different: failure to comply with the orders of the administration, absence from the workplace without good reason for up to four hours, even on the territory of the enterprise, violation of technological rules, refusal to undergo a medical examination (if it is mandatory) or special training and exams. (if this is a mandatory condition for admission to work), etc.;

within a year tothe employee has already been subject to disciplinary action . This confirms the offender’s malice and unwillingness to improve his behavior;

since the lastthe offense has not passed more than a month, or six months from the date of its discovery (if the offense is hidden), or two years - based on the results of an audit, inspection of financial and economic activities or an audit;

when deciding on dismissal on this basis, you shouldtake into account the severity of the offense. So, for example, being late for work by an accountant and a worker standing at the assembly line will have different degrees of severity;

burden of proof (fact of a violation, repetition of offenses, guilt, etc.)lies with the administration;

necessaryobtain a reasoned opinion from the trade union committee and take it into account (if the employee is a member of a trade union).

The legislator combined a number of grounds for dismissal at the initiative of the administration in one paragraph (clause 6) under the term " one-time gross violation of labor duties,” although, in essence, each of them has independent meaning. Such gross violations include: absenteeism, appearing at work in a state of intoxication, disclosing legally protected secrets, theft, violation of labor safety rules.

Subparagraph “a” of paragraph 6 of Art. 81 TK. Absenteeism . Absenteeism - unjustified absence from work is a flagrant labor offense. It is clear that the legislator, being completely on the side of the employer in this case, makes it possible to immediately dismiss the employee. Conditions layoffs quite simple:

it is necessary to find out the time during which the employee was absent - it must bemore than four hours straight Moreover, it does not matter whether the employee was on the territory of the organization at that time. It is necessary to prove the fact of his absence from the workplace;

absence from work must haveplace without wow living reasons. The law does not define the concept " good reasons " It is evaluative, i.e. determined in each specific case. But in practice these include illness of an employee (even if he did not have sick leave), illness of a child, transport delays, accidents (water pipe break in an apartment), natural disasters, elevator malfunction, etc. In a word, these must be circumstances that the employee could not have foreseen and prevented.

Dismissal is possible even if absenteeism occurs once, even if the employee has not had disciplinary sanctions before.

In case of long absence, the dismissed person is excluded from the organization’s staff from the first day of absence from work and from that day is considered dismissed, even if the order is issued much later.

Sub-clause "b" clause 6 Art. 81 TK . Appearance on work V state of intoxication. The application of this basis, despite its apparent simplicity, is quite complex, and the reason here is evidence of intoxication. Unfortunately, recently not only alcohol has become widespread, but in addition drug and toxic intoxication, which, however, are equivalent to the first. The most outrageous among the facts of intoxication is, of course, the fact of drinking alcoholic beverages at work (on its territory), where often complex mechanisms operate that fall into the category of sources of increased danger.

You can dismiss on this basis even if one-time offense and whether the employee continued to work that day or was suspended.

The evidence is:

medical report; ,

an act of the employee being in a state of intoxication, signed by the relevant officials and witnesses;

just testimony;

other evidence.

Witnesses must do more than simply indicate the fact of intoxication. It is necessary to provide several (at least two) arguments (symptoms) confirming intoxication: bad breath, hyperemia (redness) of the skin (primarily the face), unsteady gait, tremor (shaking) of the hands, euphoria (joyful excited state) or, On the contrary, there may be a depressive, aggressive state, dilated pupils, etc.

Since all symptoms are very relative, one should strive to point out not just one of them, but several at once. And yet, witness testimony is often not enough to establish the fact of intoxication, so it is necessary to strive to send the employee for a medical examination.

Subparagraph “c” of paragraph 6 of Art. 81 TK . Disclosure of secrets protected by law . Dismissal on this basis is a novelty in our labor legislation. It is quite clear that not only the state and the entrepreneur, when participating in competition, need to keep certain information secret. Any employer has his own interests, and he has the right to protect them, including by imposing a ban on the dissemination of certain types of official information.

Some conditions When applying this basis, the employer must comply with:

the information disclosed must be classified asconfidential or secret, i.e. those that outsiders are prohibited from knowing. Various types of secrets are protected by law: state (for example, the number of missiles in service with the state, their location, etc.), commercial (for example, Pepsi-Cola manufacturing technology), official (personal data of employees), etc. The important thing here is to have the following: employeemust know in advance that certain information is confidential . In this regard, he must be familiarized, against signature, with a legal document that clarifies this issue: with a normative act (law, government resolution, ministry instruction), an order of the head of the organization containing a list of information constituting a secret, the Regulations on Trade Secrets - a corporate act in force in a particular organization, job description, etc.;

the disclosed information became available to the employeeknown in connection with the performance of their job duties. Thus, if a journalist learned from the press about the number of submarines that were not scrapped or he learned about this from the lips of another person, then he can hardly be fired for disclosing state secrets. However, if he conducted a journalistic investigation on this matter, then his dismissal would be lawful.

Subclause “d” of clause 6 of Art. 81 TK. Committing theft, embezzlement, destruction or damage to property. IN In principle, this is a relatively simple reason for dismissal. Here you need to keep the following in mind:

just installsingle fact theft (as well as embezzlement, destruction or damage) of property committed by an employee;

the fact of theft can occur both in relation toproperty belonging to the organization and other property found on its territory (for example, property leased by the employer or owned by other employees as personal property). This broad interpretation follows from the meaning of Art. 81 of the Labor Code and is justified: having allowed the theft of other property, it is likely that the perpetrator may subsequently do this in relation to property belonging to the organization. In addition, this always damages the image of the organization;

theft must happenat place of work: on the territory of the enterprise or where the employee performs his work functions (for example, while on a business trip);

the size of the theft does not matter for dismissal. Even petty theft (not exceeding 5 minimum wages) gives the employer the opportunity to part with the employee;

the fact of theft must be established by a court verdict that has entered into force or by a resolution of the body that imposed the administrative penalty. It seems that this provision ties the hands of the employer, who is forced to expend considerable effort in proving the fact of theft, but it is necessary in order to protect the employee from illegal dismissal.

Subparagraph “e” of paragraph 6 of Art. 81 TK. Violation of labor safety rules. Some conditions dismissal for this violation is proposed by the legislator. These include:

1) employerpreviously conducted training, instruction:, internship at the workplace and testing knowledge on labor protection, and in the relevant magazinethere is an employee’s signature to this effect;

2)at least identifiedone fact of violation of labor protection rules;

3) installed guilt (intentional or careless) employee for failure to comply with labor protection requirements, i.e. it has been established that with the proper attitude the employee could have acted as required by the rules ( for example, to quickly climb to the upper floors of a house under construction, a worker used a cargo crane, ignoring the existing elevator);

4) as a result of violation of labor protection rules availablegrave consequences (accident, breakdown, catastrophe) or a real threat has been created the onset of such. In our example, the worker, if he survived, was by luck, since the load on which he perched, going up, always sways during the process of lifting him.

Clause 7 of Art. 81 TK. Loss of trust . This basis for dismissal existed in the old labor legislation and, essentially, without changes, passed into the new one. Here, dismissal can occur only if the following conditions :

it only applies to employeesserving monetary or commodity values , i.e., those involved in their reception, storage, transportation, distribution, etc. (sellers, cashiers, warehouse managers, etc.). It does not matter whether an agreement on full financial liability was concluded with them or not. It is important that they were allowed to work with values;

must be installedguilt employee. If valuables are lost for reasons beyond his control (natural disaster, criminals breaking into premises, etc.), his guilt cannot be considered;

it is absolutely necessary to prove at least one specific fact confiscation of valuables by this employee, measuring, weighing customers, inflating prices, loss of valuables (for example, during an audit). Dismissal on the basis of general opinion or suspicion of the employee’s loss of valuables is unacceptable;

The responsibility to prove such facts and guilt lies with the administration. In relation to the employee and in this case the presumption of innocence applies.

Clause 8 of Art. 81 TK. Committing an immoral offense . This is far from a simple reason for dismissal and, above all, because of its vagueness and ambiguity. The law enforcer must keep in mind the following:

the law doesn't define what it is immoral offense. This is an evaluative concept, i.e., determined by reference to a specific situation. However, judicial practice has already developed an approximate list of such. In a word, these are acts that undermine the opinion of others about this person as a respectable person: alcohol abuse, squabbles and fights both at work and at home, committing illegal offenses (petty theft, petty hooliganism), bestiality, etc.;

for dismissal it is enough to commitone offense discrediting the moral character;

this basis is applicable onlyto employees performing educational functions (teachers, instructors, childcare workers, etc.). These workers must have, in addition to the necessary qualifications, an impeccable moral character, not only in the team, at work, but also in everyday life. The fact is that one of the main components of education is the transmission of moral standards that a person should constantly be guided by in his life. But if the educator himself sets a bad example in this regard, then the entire process of education is reduced to zero;

the offense committed must beincompatible with the continuation of this work . This is decided each time specifically. For example, if a kindergarten teacher starts gossip and squabbles in the team (speaks badly about his colleagues, and also lies), then it is unlikely that preschool children will be aware of these facts. If a teacher, in the presence of schoolchildren, does not skimp on such an assessment in relation to his colleagues, then this may serve as grounds for dismissal under clause 8 of Art. 81 TK.

Clause 9 of Art. 81 TK. Making a decision that resulted in a violation of the safety of the organization’s property. This is a new basis for dismissal, and it applies to special subjects:

they can only bethe head of the organization (branch, representative office), his deputies and the chief accountant. It is these persons who have the right to make decisions regarding the movement of property;

there must be a solutionunreasonable i.e. accepted without taking into account all the circumstances, hastily, a solution that has not been fully worked out or worked out without the involvement of specialists in this matter. This concept, even after its explanation, still remains evaluative, since it can be clarified only when linked to a specific situation. So, for example, in order to show a smaller share of profit according to documents, a decision is made to produce by agreement With any company transfers money to her account for allegedly performed services;

3) must take place andnegative result associated with the implementation of an unreasonable decision: loss of property, its unlawful use or other damage to the organization’s property;

Clause 10 of Art. 81 TK. Single gross violation of labor duties . The difference between this paragraph and paragraph 6 of Art. 81 of the Labor Code, formulating the same basis, consists of:

in the subject of the offense. Here, only the top management of the organization (branch, representative office) is considered as such:director and his deputies ;

in the nature of the offences. In relation to employees, a complete list of gross violations of their labor duties is provided (mean, “a”-“e”, paragraph 6 of Article 81). This cannot be done in relation to the leaders of the organization: they have to accept many serious decisions. At the same time, they must be guided by legislation, corporate acts, their job description, employment contract, orders of the owner, etc.;

even one Gross violation of labor duties provides an opportunity for dismissal. The risk of allowing other gross violations of their labor duties is too great.

Clause 11 art. 81 TK. Providing false documents or knowingly false information. Previously, this basis was not separately identified. Now the legislator is focusing special attention on it. It seems that his thoughts on this matter are as follows: V market economy is dominated by private property; entrepreneurs who do not want to go bankrupt when hiring workers must be confident in them, and for this, have a sufficient understanding of the workers. Providing false documents (information) when concluding an employment contract deprives them of the opportunity to make the right personnel decision.

Clause 12 art. 81 TK. Termination of access to state secrets . Here, upon dismissal, one is promoted only one condition: if the work performed requires access to state secrets.

Clause 13 of Art. 81 TK. The grounds for dismissal provided for in employment contract . By establishing this point, the legislator legalized what had long been the case, namely:

the employment contract may also define other grounds for dismissal at the initiative of the administration, in addition to those listed in the Labor Code (for example, the organization’s failure to achieve a certain level of profitability, lack of annual product updates, a decrease in the number of customers (product market share) and others;

this can only be done in relation toleaders of the organization or members of the collegial executive body (directorate, board, etc..). They have special responsibilities related to making decisions that determine the viability of the organization.

To summarize, it can be noted that dismissal at the initiative of the administration has become more difficult compared to previous times, since our lives have become more complex. And at the same time, the legislator still tries to keep this process under control, not allowing the administration to arbitrate in this very painful matter.

Every working person, sooner or later, can expect dismissal at the initiative of the employer, that is, under an article without payment of compensation. You shouldn’t renounce such life situations; on the contrary, it is important to figure out how to act correctly within the law. The problem is enormous, but first you need to find out the reasons for dismissal from work at the initiative of the employer and, possibly, challenge them in the manner established by the court.

Grounds for dismissal of an employee according to the Labor Code of the Russian Federation

Termination of an employment contract in such a situation must be lawful and legally justified. Otherwise, the employee can challenge his rights and sue both his immediate superior and the head of the entire organization. The grounds for which an employee may be dismissed at the employer’s initiative are detailed below:

1. Medical contraindications do not allow him to occupy the position assigned according to the employment contract, and the employee himself refused to be transferred to another workplace due to indications.
2. The person received a disability, partially lost his physical abilities, for which he provided a medical report with wet stamps at the place of official employment.
3. The employee has partially lost his ability to work, and the employer does not have vacancies or suitable work that matches his capabilities and does not interfere with his health condition.
4. Complete liquidation of the enterprise, the need to reduce staff, no need for a part-time worker, or a change of owner in production. It is quite possible that the new director will retain the workforce, but this may not happen if desired.

Dismissal of an employee at the initiative of the employer

The administration of the enterprise provides a number of potential reasons why it urgently terminates the employment relationship with the employee. Arguments for an employee are not always objective, but with knowledge of laws and regulations and a competent legal service of the enterprise, it is difficult to challenge them. If an employee feels that he is right and is ready to defend his own interests, there is a direct route to court with a statement of claim in the first person. To dismiss an employee at the initiative of the employer, compelling reasons are required, which are worth discussing in more detail.

Causes

This procedure is not pleasant, and it must have compelling reasons for the employer or deputy to have a great desire to get rid of a particular employee. In current legislation, each case is purely individual, but the procedure for dismissal at the initiative of the employer is the same. Here are the possible reasons for the unexpected dismissal of an employee at the initiative of management:

• alcohol intoxication of an employee during a work shift, reluctance to respond to numerous comments from the manager regarding drunkenness;
• systematic absenteeism at the workplace, which does not have legal support;
• disclosure of trade secrets or failure by an employee to comply with corporate ethics followed by dismissal;
• theft of property of an individual entrepreneur, other criminal offenses that are prosecuted by current legislation;
• failure to perform direct duties, incompetence, inadequacy for the position held;
• failure to complete the probationary period, negative feedback from the manager about the work of the potential employee;
• gross violation of labor discipline, systematic absenteeism, violation of the enterprise charter, verbal conflict situations with the manager;
• damage to property, failure to comply with safety regulations, conflict situations with the head of labor protection.

Articles of the Labor Code of the Russian Federation

Article 81 of the Labor Code of the Russian Federation is specifically devoted to these issues that are relevant to the employer, and there are 18 good reasons why an employee can be dismissed on the initiative of the manager. This legal document additionally provides reliable information about the required severance pay, monetary penalties, other violations and the punishment for them.

Rules for dismissing an employee

If safety rules are violated, the manager sends the penalty officer for re-certification or dismisses him. In the latter case, a written explanation, trial and further dismissal of the perpetrator are required, in accordance with Art. 84.1 Labor Code of the Russian Federation. If the company is liquidated, the employee must be notified for 2 months, while retaining the right to receive compensation in the amount of two months' salary.

Warning

When liquidating an enterprise, the employer must notify of the upcoming wave of layoffs. This must be done 2 months in advance, and during the specified period, pay wages and save your job. If within 2 weeks an employee, on his own initiative, joined the labor exchange and received the status of unemployed, he is entitled to wages for the third month without the initiative of the employer.

Compensation

Severance pay due to the liquidation of an enterprise is paid in the amount of two minimum wages. According to the Labor Code, an employee has the right to payments for the third month, but on the condition that for the entrepreneur he has become officially unemployed. When liquidating an enterprise, payments are due if the assembled commission or examination confirms that the employee is not to blame for what happened.

The procedure for terminating an employment contract at the initiative of the employer

If the responsibility for the emergency lies with the employee, all financial expenses may be assigned to him. It is necessary to compensate for losses, or the case is sent to pre-trial proceedings. The employee faces a strict choice and, it is possible, inevitable dismissal or exclusion from the enterprise’s workforce. If the employee does not admit responsibility for what he has done, his guilt does not require official confirmation through negotiations and collection of evidence.

Who cannot be fired at the initiative of the employer

An employee, knowing that he will be dismissed at the initiative of the employer, can demand the regular leave or compensation for it. Not all employees are threatened with dismissal at the request of the employer; the following vulnerable segments of the population fall under the protection of current legislation:

• temporarily incapacitated employees who went on sick leave;
• employees on maternity leave;
• disabled children;
• single mother;
• women who support minor children.

How to avoid getting fired

If you receive a reprimand and notice of upcoming dismissal, there are many clauses in the laws that will help you save your job, especially if you are personally innocent. It would not be a bad idea to take the initiative and contact a trade union, which should protect working citizens from dismissal. Otherwise, it is important to look for evidence of innocence and provide it to the employer.

Video