Dismissal - possible grounds, comments, special situations and solutions. Reasons for dismissal from work according to the Labor Code of the Russian Federation

14.01.2018, 18:50

Retirement is the end labor relations between subjects contractual relations: employer and employee of an enterprise (organization, individual entrepreneur). The grounds and guarantees that arise in the process of dismissal from work are determined by labor standards, in particular, the Labor Code of the Russian Federation.

Reasons for dismissal from work are recognized as complying with the law if they meet the following criteria:

• a person is dismissed on legal grounds, with the circumstances of the actual plan;
• compliance with the employee dismissal mechanism;
• terminating an employment relationship.

If these conditions are met, the reasons for the dismissal of a citizen correspond to the norms of law.

On what grounds do people stop working?

The reasons for dismissal from work under the Labor Code are enshrined in the articles of this law. In particular, they are the following grounds:

1. Arrangement (agreement) between the subjects of legal relations.
2. Expiration of the agreement.
3. Termination of the agreement on the initiative coming from the employer.
4. Transfer of an employee with his consent to another employer.
5. An employee's refusal to work due to a change in the owner of the property, in connection with reorganization procedures in the company.
6. Refusal of the employee from work due to changes that are not defined by the provisions of the contract.
7. Refusal of an employee to transfer to another type of work due to his state of health, confirmed by the conclusion of specialists.
8. Refusal of an employee to transfer to another region.
9. Circumstances that occurred as a result of force majeure.
10. Violation of the provisions of the Labor Code, if they exclude the possibility of continuing labor activity.

The desire of the employer to dismiss the staff

Note that the reasons for dismissal from work at the initiative of the employer are varied, for example:

1. liquidation measures at the enterprise or the closure of the work of the individual entrepreneur;
2. downsizing.

But what guarantees are provided to the population in these cases? Here are some examples:

1. Part 1 of Article 180 of the Labor Code of the Russian Federation guarantees that the employer, in the event of liquidation, downsizing or headcount, is obliged to offer the employee a vacant position.
2. In case of staff reduction, the employee needs to pay severance pay in the amount of average earnings, wages and the monetary value of unused vacation. At the same time, wages are paid according to the average for the entire period of employment. This is the time when a person is looking for a job, is registered at the labor exchange, but, in general, no more than two months.

Reasons for dismissal at the initiative of the employer

Here are the most common reasons for dismissal of an employee at the initiative of the employer:

• non-compliance of the employee with the position held;
• non-fulfillment of labor duties of an employee without valid reasons;
• severe violation of labor duties by the employee (absence from work for more than 4 hours, theft, coming to drunk, non-compliance with the provisions of labor protection, the commission of intentional actions by the employee, the commission of an act of immoral content by the educator, etc.);
• providing the employer with false documents when applying for a job;
• other cases.

Reasons for dismissal at the initiative of the employee

The most peaceful way to end labor relations is the initiative of the employee to leave work. Reasons for dismissal own will may be associated with the professional activities of a citizen, personal motives. As a basis for dismissal, the employer indicates Article 77, 1, paragraph 3 - at his own request. The reasons for dismissal from work of their own free will in 2018 may be related to other circumstances in the life of an employee. Usually, the employer has the right not to release the employee without working off in 2 weeks. Are there reasons for dismissal without working out the Labor Code of the Russian Federation? Yes, an employee can be fired without working off, if there are good reasons for this. In other situations, he is obliged to work at the enterprise for 2 weeks so that the employer finds a replacement for him. Thus, the reasons for dismissal of one's own free will without working off in all cases can only be valid.

Wrongful dismissals

Fired from your job for no reason? What to do? Indeed, not all employers comply with the law, there are many facts of unlawful dismissals. For such cases, there is a clear algorithm of actions for a citizen.

Can they be fired for no reason? No, the Labor Code of the Russian Federation prohibits dismissal without reason. The Labor Code of the Russian Federation has a clear list of grounds for dismissal - Article 77 of the Labor Code of the Russian Federation.

When dismissed without a reason, it is necessary to protect labor rights. A labor inspectorate, a prosecutor's office and a court have been established to protect rights. All these bodies are competent to consider issues of illegal dismissal of citizens from work. In order to appeal to the labor inspectorate, it is necessary to file a complaint. Its structure is indicated on the website: you need to fill in the complaint fields and send it online to

Termination of professional relations between an employee and his employer is always a rather complicated process, which must be carried out in strict accordance with established rules.

From a legal point of view, the concept of "dismissal" means the complete termination of labor relations that previously arose between the parties on the basis of a concluded contract. At the same time, certain obligations are imposed on the employer during the dismissal.

So, for example, one of the main ones is to carry out a full settlement with an employee. This may include payments to the departing subordinate of various sums of money due to him, including accrued wages, compensation for unused vacation days, provided that the employee has them at the time of dismissal, etc. In addition, on the last day of work of the subordinate, the head must issue the employee his personal documents. Among these can be attributed work book, in which an entry will already be made about the termination of professional relations.

Despite the fact that in fact the exact procedure for dismissal is fixed at the legislative level, modern practice shows that this procedure often causes a huge amount of disputes among the parties. Very often situations arise in which the legal rights of retiring employees are violated by certain actions of their employers.

Some managers are unwilling to settle accounts with their employee, while others generally terminate their employment without a legitimate reason. In any case, violation of the legitimate interests of the employee during the dismissal is a full-fledged basis for the subsequent imposition of sufficiently serious penalties against the employer.

What does the labor code say?

Modern legislative norms establish that the dismissal procedure can be carried out on various grounds, a complete list of which is indicated in the provisions of the Labor Code of the Russian Federation. It states that the initiator of the termination of labor relations can be both the employee himself and his immediate supervisor. Moreover, in the first case, only the desire of the employee is sufficient. That is, he does not have to explain why he decided to leave this organization.

As for the termination of labor relations at the initiative of the employer, here the desire of the boss alone will not be enough. In order for the dismissal to be truly lawful, the management of the company must have really good and undeniable reasons for carrying out such actions. A complete list of such grounds is also indicated in the provisions of the Labor Code of the Russian Federation.

Separately, mention should be made of such a method of breaking off labor relations as dismissal by agreement of the parties. This method is also enshrined in modern legislative provisions at the official level. From a legal point of view, it represents the adoption by the parties of a professional relationship of a mutual decision that they need to terminate these relationships. In this case, the dismissal procedure itself will be carried out on the basis of an important document - a special agreement. It indicates all the important features of the further actions of the parties. For example, this document may include information about the payment of a severance pay to an employee or about the need for a subsequent two-week work off. After drawing up the agreement, it must be studied by the subordinate and signed if he does not have any objections about the content of the document.

Grounds for dismissal at the initiative of the employer

Modern legislative norms establish an exact list of grounds on which an employee can be dismissed in accordance with the unilateral decision of the head. These grounds include:

1. Unsatisfactory passing by the employee of certification. This procedure is a test of the availability of the necessary competence, skills and abilities of the employee. If they are absent, the subordinate will no longer be able to fulfill his professional duties in the current position.
2. Poor performance by the employee of various functions that were assigned to him by the provisions of the job description, as well as the current employment contract. It should be noted that in this case, the dismissal must be preceded by other mandatory measures. In particular, the manager can first warn the employee, reprimand him or reprimand him. The most serious form of punishment - dismissal - can only be applied if all the measures taken have not brought the desired results.
3. Commitment by an employee various activities which ultimately caused serious damage to the entire enterprise. This may include, for example, the disclosure of trade secrets to employees, theft, etc. It should be noted that the employer will be able to dismiss such a subordinate only if there is actual evidence of his guilt.
4. The commission by an employee of various immoral acts that completely exclude the possibility of a subsequent continuation of his professional activity in a certain position.
5. The appearance of an employee at work in a state of drug or alcohol intoxication.
6. The receipt by the employer of information that the employee, during his employment in this company, presented forged documents or false information about himself.
7. The complete cessation of the activities of the organization, that is, its liquidation. This may also include the termination of work individual entrepreneur.

The procedure for dismissal of an employee at the initiative of the employer should be carried out only in extreme situations and if there are factual grounds. Otherwise, the dismissed citizen will have a full opportunity to be reinstated in his previous position.

Grounds for dismissal at the initiative of the employee

Absolutely every employee, regardless of his position, length of service, as well as other factors, has the right to resign from his position at any time, at his own request. He expresses this desire in the main document - a personal statement, which is served on the table to the head.

The letter of resignation is drawn up by the employee in free form. As for the indication of the immediate cause, it is not necessary to do so. Each employee can limit himself to only one phrase: “I ask you to fire me of your own free will.”

In addition, the employee's application must contain the date from which he wants to terminate the employment relationship with the employer.

Separately, mention should be made of such cases in which an employee is forced to quit. This may be due, for example, to the urgent relocation of the spouse to another place for military service, with the need to care for a close relative and other circumstances.

Grounds for dismissal of a director

The procedure for dismissal of the director of the organization is carried out according to the standard scheme, but it has its own characteristics. As for the grounds for dismissal, these may be:

1. Own desire of the leader. Since, in fact, the director is an ordinary employee, he also has a full right to leave the organization at any stage of his activity. However, it should be noted that in this case, the director will have to write a letter of resignation at least one month before his departure.
2. Expiration of the period of validity of the contract previously concluded with the head. If a new contract has not been concluded with the director, then at the end of the current one, the procedure for his dismissal should be carried out by authorized persons.
3. If the owners of the company came to a consensus on the need to dismiss the head. In this case, the termination of labor relations can be carried out by drawing up a special agreement, which indicates all the important nuances of the upcoming procedure.
4. By common decision of the owners of the organization. As a rule, such a decision is made at a general meeting, where its pros and cons are discussed, as well as a scheme for further actions.

Dismissal on disciplinary grounds

In order to maintain high level discipline in production, the employer has the right to establish various measures of responsibility in relation to his employees, provided for by legislative norms. This may include a remark, reprimand or dismissal. Naturally, the last measure of responsibility will be the most serious and strict.

Dismissal, as a measure of disciplinary action, can be applied only in exceptional situations, for example, in the event of an employee committing a major theft or other unlawful acts. An important nuance here is the fact that the dismissal will be considered lawful only if the employer has actual undeniable evidence of the guilt of a particular subordinate.

And, finally, such a serious measure of responsibility as dismissal must fully correspond to the degree of seriousness of the misconduct committed by the employee. For example, if the employee was simply late for work, naturally, such a measure would be considered unreasonable. On the other hand, if delays for a particular employee are recorded regularly, it is quite possible that dismissal may be the only way out of this situation.

Dismissal without reason

As mentioned above, in order for an employer to fire an employee, he must have factual and compelling reasons for such actions. However, in practice it often happens differently. For example, very often unscrupulous managers try in every possible way to simulate the existence of grounds for dismissal. To do this, they can invent a variety of stories, attribute violations to employees that they actually did not commit, etc.

In all of the above situations, an employee who considers his dismissal absolutely illegal will have a full opportunity to challenge these actions of the manager. The contestation procedure itself must be carried out in an official form. To do this, the person concerned will need to contact an organization such as the labor inspectorate, or, for example, immediately to a judicial institution. In the event that the dismissal is really recognized as unlawful, the citizen will be able to be reinstated in his previous position and under the same working conditions.

Changing the grounds for dismissal

During the implementation of the dismissal procedure, the exact reason for breaking these labor relations must be indicated in the following documents:

• in the order, which is drawn up and signed by the employer;
• in the employee's work book, which is subsequently given to him in his hands with a record of dismissal already entered there.

If an employee considers the grounds on which he was fired to be absolutely illegal, he can always apply to an authorized organization in order to challenge them. However, it should be noted that for this a citizen will need to provide indisputable evidence. If the court, or other organization, agrees with the requirements of the applicant and considers them legitimate, an official order will be issued to her. Based on the provisions of this document, the employer will be obliged to make all necessary changes.

Amendments to the employee's work book must be carried out in accordance with applicable requirements, in the form of a new entry in this document. After entering all necessary information next to the inscription is the name of the employee responsible for this, as well as his personal signature and company seal of the organization.

Consider what are the grounds for dismissing an employee if the employer is the initiator. Let us turn to the provisions of the Labor Code of the Russian Federation for answers.

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Dismissal is a procedure that must be carried out in compliance with all the rules established by law.

The Labor Code provides for the protection of the rights of employees, which means that it is important to understand when a person may be left without work at the will of the employer with good reason.

Important Aspects

Let's define what the labor relations between the parties are and what articles employers refer to when expressing a desire to dismiss their subordinate.

What it is

An employment contract is a document that describes the employment relationship between an employee and an employer. This agreement prescribes a number of rights and obligations of each party.

It is made by agreement of the parties. They are also terminated in accordance with certain rules provided for by law.

The dismissal of an employee is the termination of the employment legal relationship between the employee and the employer.

The reasons for termination of labor relations may be different - at the initiative of the individual, his manager or by mutual agreement.

The procedure for terminating the employment agreement

A written notice must be provided to each dismissed employee 2 months before the "judgment" day.

In this case, representatives of the trade union organization and the local employment service are also required to be notified.

You must submit information about all dismissed employees:

• about the profession;
• specialties;
• qualifications;
• salary, etc.

There are some restrictions for enterprises when terminating legal relations with employees. A person cannot be fired if:

If the company is liquidated, all employees without exception are subject to dismissal.

Educators regardless of state, municipal or private institution in question work under labor contracts. So, it is worth relying on the provisions of Art. 77 TK.

Video: dismissal at the initiative of the employer

The question is often asked, is it possible to terminate the contract with the teacher if the parents of the students have submitted complaints to the management?

A teacher is fired if:

There are other grounds for terminating employment relations with teachers. All of them are listed in Art. 77 TK.

Grounds for dismissal of an employee at the initiative of the employer legal entity also is the inconsistency of the position he occupies.

The certification rules are provided for by the Federal Law of December 29, 2012 No. 273. The management may not fire teachers.

If the employee is not satisfied with such proposals, then the contract is terminated in accordance with paragraph 3 of Art. 81 of the Labor Code. It is unacceptable to continue work in case of committing immoral acts.

What difficulties may arise

Let's take a look at a few difficult cases that may be encountered when an employee is fired.

Situation 1

The presence of an unsatisfactory test result for.

The contract cannot be terminated on this basis if:

Situation 2

There is a reduction (paragraph 2 of part 1 of article 81 of the Labor Code). Dismissal prohibited:

• in case of non-compliance with the reduction rules provided for in Art. 81 and ;
• if the employer has not met the conditions established by law (for example, has not received
• consent of the labor inspectorate);
• a person who cannot be fired.

Situation 3

There was a gross violation labor discipline in the form of a walk. The contract cannot be terminated if:

Situation 4

The person does not correspond to the position due to low qualification in accordance with the attestation report.

Dismissal on this basis is not possible if:

The change of ownership of the company's property is not recognized as a basis for dismissal of an employee at the initiative of the employer.

This may be the reason for the dismissal of only managers, deputies and chief accountants (but not branch managers).

Besides, new owner cannot dismiss such persons if more than 3 months have passed since the moment of ownership.

These are just general points that you should pay attention to. It is advisable for employers to study all the rules that relate to dismissal on his initiative.

Indeed, in case of violation of the provisions of the Labor Code, troubles can arise.

Yes, and the staff needs to carefully reread the provisions of regulations in order to know how to defend themselves in case of unjustified dismissal.

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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 the contract is today considered one of the most conflict-free. The reason is that for him, unlike the case at the initiative of the employer due to absenteeism or reduction, arguments, a special procedure and payment of increased compensation are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article are they fired at their own request

Article 80 of the Labor Code Russian Federation(Labor Code of the Russian Federation) under the title "Termination of an employment contract at the initiative of an employee (at his own request)" discusses in detail the procedure and rules for this procedure. They relate to reasons, deadlines for filing an application and cases of termination of work before the expiration of the warning period. In addition, the article contains information about the withdrawal of the application.

The procedure for dismissal at will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General Grounds for Terminating an Employment Contract”, has the right to quit 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. So there will be no conflicts with the employer and other problems that will drag out the process for a long time.

Terms of dismissal

By general rule article 80 of the Labor Code of the Russian Federation, the employee must notify the employer in writing of the dismissal by submitting an application addressed to him 2 weeks before the intended departure. This period begins to count on the day after the registration of the application. It is important that the submission of the application is registered, otherwise the processing period may be pushed back. Other rules for dismissal of an employee at his own request:

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

The manager has no 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 a return receipt. So you will know about the receipt of documents by the employer. After 2 weeks, you can stop working in the organization. After this period, the employee must be given a work book and a calculation. Otherwise, he has the right to apply to the inspection dealing with such illegal situations and labor disputes.

Resignation letter

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

1. Surname, name, patronymic and position of the head, name of the organization.
2. Surname, name, patronymic of the applicant, i.е. the employee himself.
3. The text of the statement. Includes a request to be dismissed 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, the date of submission of the application, signature and transcript is put.

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

• if another person has already been accepted to replace the resigning employee, who, according to the 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 maintaining the length of service of an employee:

• reaching retirement age;
• the need to move;
• some diseases;
• the beginning of education in 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 the reason, if it is not the basis for any compensation payments or the cancellation of the mandatory working period. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can specify the reason - "in connection with retirement." In the same way, other circumstances are formulated.

Dismissal order

If the application for dismissal of one's own free will does not have a clear pattern, then the order for it is drawn up in accordance with the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for the calculation of material payments. An order for dismissal of one's own free will 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 time

The standard turnaround time is 2 weeks. It starts the day after the application is submitted. But this period is not always kept. You can not work out 2 weeks in case of:

• the employer does not see the need for this;
• the employee has good reasons - admission to full-time study, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Leave before leaving

An employee has the right to quit 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 you to provide leave with subsequent dismissal at will.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last day of vacation is considered the last working day. In this case, you do not need to work out 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:

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

Rights upon dismissal at will

Each party has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in force if the employee was not fired on the last day. The employer has the right to demand from him the full performance of duties up to and including dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove it in judicial order.

Calculation upon dismissal of one's own free will

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

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

Dismissal on sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After a 2-week period, the management makes a calculation, issues an order with a note about the absence of an employee. 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 pay day.

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 on the same conditions. In addition to wages, the employee must be given vacation pay. Compensation for unused vacation already excluded. An employee can receive it if he refuses to provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work for 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 payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was granted in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

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

Dismissal in one day

If it is impossible for an employee 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 a disease, from an institute on admission, etc. Writing an application, filling out an order and familiarizing yourself with it in case of early dismissal occurs in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

How to quit on your own

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

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

How to fire an employee on your own

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

Video

Labor law protects the interests of both parties to the employment contract. However, the worker, as his most vulnerable side, still has some advantages. So, it will be very difficult for an employer to dismiss an objectionable person, if not good reasons. The list of grounds for legally terminating an employment relationship is closed and is not subject to broad interpretation. Nevertheless, over the past century, the number of these grounds has more than quadrupled - today there are already 18 of them (we are talking about the grounds contained in Article 81 of the Labor Code of the Russian Federation). And this allows us to say that the legislator has taken into account all possible situations when to fire an employee. So what are the features of the procedure for dismissing an employee at the initiative of the employer in 2016?

In what cases can an employee be fired at the request of the employer?

It is possible to dismiss an employee unilaterally only according to the expressly provided Labor Code closed list of grounds

The legislative basis for the forced termination of labor relations with a working citizen is the provisions of Art. 81 of the Labor Code of the Russian Federation. The norms contained in it can be conditionally divided into several groups.

Table: reasons for dismissal provided for in Art. 81 TK

Separate grounds for the dismissal of certain categories of employees can be found in other articles of the Labor Code:

1. Art. 71 gives the employer the right to fire an employee who has shown negative results during the test.
2. Art. 278 establishes several special reasons for the dismissal of the head:
   • in connection with his removal from management during bankruptcy;
   • by decision of the founder of a legal entity or its authorized body;
   • in case of non-compliance with the requirements of Art. 145 of the Labor Code to the maximum level of average wages for senior positions of some state funds, institutions and enterprises;
   • on additional grounds contained in the concluded labor agreement.
3. Art. 307 makes it possible to establish additional grounds for dismissal in the contract if the employer is individual without IP status.
4. Art. 312.5 allows termination of a remote worker contract for reasons specified in the same agreement.
5. Art. 347 gives the employer the right to dismiss an employee of a religious organization on additional grounds contained in the employment agreement concluded with him.
6. Art. 336 establishes special grounds for the completion of the work of teachers:
   • repeated gross violation of the charter of the organization;
   • the use of illegal methods of education;
   • reaching the age limit established by the Labor Code.

It should be noted that the rules for applying the rules on the dismissal of an employee at the will of the employer make it possible to use them far from in any situation, even if the reason for this exists and is officially confirmed. Yes, you can't get fired.

• an employee who is actually absent from the place of work due to illness or official leave - during the entire time of his absence;
• a woman in a position (except in cases of completion of the activities of a legal entity);
• on grounds other than those established by paragraphs 1, 5–8, 10, 11 h.1 Article. 81 and paragraph 2 of article 336 of the Labor Code:
  • mother (father or other person in the absence of mother) of a child under three years of age;
  • a single mother (another person in the absence of a mother) of a minor child or a minor child with a disability;
  • the sole breadwinner of a minor disabled child or a child under three years of age, if the family has more than three minor children.

The current legislation is designed for many situations in life. It protects the interests of the employer and production process while respecting the most vulnerable categories of workers and adhering to the principles of fairness in special cases. In practice, the following non-standard situations often arise:

1. The mother or father of a large family, if she or he is the only earner in the family, cannot be forcibly dismissed, provided that the employer’s desire to terminate the contract is not due to the termination of the legal entity’s activities or the guilty actions of the employee. At the same time, the family must have at least one child under three years old and three - up to 14 years old.
2. An employer can dismiss a remote (remote) employee only in situations established by the contract concluded with him. Thus, when drawing up an agreement on hiring a remote employee, it is necessary to carefully consider all possible situations in advance and indicate all possible grounds in the agreement, even if they will duplicate the TC.
3. If an employee is absent due to illness, but a decision has been made to dismiss him for one of the reasons established by Art. 81 (except for paragraph 1 of part 1), it will be possible to dismiss him only upon returning to work.

Termination of the contract for many reasons, providing for the absence of the employee's fault (reduction, liquidation, departure of the head during a change of ownership, etc.), involves compensation payments from the employer.

Video: termination of an employment contract at the initiative of the employer

Features of the dismissal process at the request of the employer

The presence of a large number of diverse grounds for dismissing an employee at the request of the employer does not allow us to talk about a specific algorithm of actions within the procedure that would be suitable for any situation. The dismissal procedure for each individual reason, to one degree or another, has its own characteristics, among them:

1. When terminating contracts with employees due to the liquidation of a legal entity, the employer is obliged to inform each of them no later than two months before the expected date of dismissal. By mutual agreement of the parties, a citizen may leave before the appointed time with the payment of compensatory monetary remuneration in the amount of wages proportional to the unworked period. For temporary and seasonal workers, the notice period has been reduced to two and seven days, respectively.
2. With a reduction in staffing, the process is even more complicated:
   • first of all, the employer is obliged to approve the new staffing table, determining the positions to be abolished, taking into account the rules of preferential retention at work (Article 179);
   • 2 months in advance, and in case of mass reduction - three - to warn each employee falling under it (temporary and seasonal employees are warned two and seven days in advance, respectively);
   • within the same period notify the local employment center and the trade union organization;
   • by mutual agreement of the parties, the term of dismissal may be postponed to an earlier date with payment of compensation in the same amount as under similar circumstances in the conditions of liquidation of the organization;
   • to offer the reduced persons a transfer to the available and suitable vacancies for them, in their absence - to notify the employees about this.
3. When dismissing, applied as a disciplinary sanction for a repeated misconduct or a single gross violation, one should remember the terms of application disciplinary action- no more than six months from the moment of commission (with the exception of those misconduct that are discovered by the audit) and no more than a month from the moment of discovery. In addition, the following procedure must be observed:
   • fixing the fact of committing a misconduct (drawing up an act, a memorandum of the head of the structural unit addressed to the management);
   • familiarization of the person who committed the offense with the act, requesting explanations from him (in writing). If necessary, fixing his refusal to perform these actions (an act is drawn up on the refusal).

In case of application of other paragraphs of Art. 81 or other articles of the Labor Code upon dismissal at the initiative of the employer, each circumstance that became the basis must be documented (by the minutes of the meeting of the attestation commission, by the decision of the collective governing body of the legal entity, by the decision of the authorized state body, etc.). The drafted document will subsequently serve as the basis for issuing a dismissal order.

Dismissal procedure and basic documents

After the paperwork is completed - the grounds for dismissal in accordance with the reason for the termination of the employment relationship, the employer proceeds directly to the issuance of the order. At this stage, the following sequence of actions should be followed:

1. Issue a dismissal order, indicating the reason with reference to the article of the Labor Code and the grounds (documents confirming the commission of a disciplinary offense, explanatory, etc.).
2. To familiarize the dismissed person with the administrative document, and in case of his refusal to draw up an act about this.
3. Issue the final invoice to the employee.
4. Enter information about the dismissal in the work book.
5. Make notes about the dismissal in the personal file and the employee's personal card.
6. Notify the interested state bodies (service bailiffs, military registration and enlistment office), if necessary.

The main documents that need to be drawn up in the dismissal procedure at the initiative of the employer:

• notification of the reduction or liquidation of the organization;
• a proposal to transfer to a vacant position corresponding to the qualifications of a citizen;
• an act on the commission of a disciplinary offense;
• dismissal order.

Photo gallery: sample paperwork

The order for dismissal for absenteeism as the basis indicates the documents fixing the fact of this misconduct. The act fixing the fact of the misconduct committed by the employee is signed by at least three employees of the organization. The order for dismissal in connection with the liquidation of a legal entity must contain a reference to paragraph 1 of part 1 article 81 of the Labor Code of the Russian Federation The dismissal order is drawn up on the T-8 form. The employer is obliged to notify employees of the liquidation of the organization and the upcoming dismissals in connection with this two months before the event occurs. in the form of a separate document, and is included in the notice of reduction The employee must be familiarized with the notice of reduction against signature

Rules for entering information into the labor

The dismissal note entered by the personnel officer in the work book must contain a link to the article of the Labor Code that served as the basis for the dismissal and a breakdown of the reasons.

Table: an example of filling out a work book

Organization of expenses and compensation: what needs to be paid and how to calculate?

Upon dismissal at the initiative of the employer, the employee must be paid on the last working day:

1. Salary for the unpaid period of work - is calculated based on the monthly salary of the employee in proportion to the number of days worked.
2. Bonuses, bonuses, allowances (if any are established by law, local documents of the employer or labor agreement and are payable taking into account the reason chosen for terminating the relationship) - are calculated in the manner prescribed by law or local legal acts.
3. Compensation for unused vacation in whole or in part - is calculated based on the average salary in proportion to the number of days not taken off.

Severance pay at the end of employment on the grounds under consideration is paid in cases established by the Labor Code:

1. In the event of a reduction in the staffing level or the termination of the activities of a legal entity - in the amount of the average monthly salary (further, in the absence of employment over the next two months, two more average monthly earnings may be paid).
2. Upon dismissal of employees holding managerial positions:
   • when changing the owner of the property of a legal entity - in the amount of a two-week average salary;
   • by decision of the owner or an authorized collective body without the fault of the head - in the amount of three months' average earnings.

Example. Leading specialist T.P. Spetsian should be dismissed due to staff reduction on August 25, 2016. According to the labor agreement, her salary is 20,000 rubles. The regulation on bonuses at the enterprise provides for the payment of a monthly bonus for high labor achievements in the amount of 5% (in the absence of outstanding and outstanding disciplinary sanctions). For the period from August 2015 to July 2016, T.P. Spetsian received an income (minus social payments) in the amount of 250,000 rubles, she was not on vacation or on sick leave. For the working year (from February 13, 2016 to February 12, 2017), T.P. Spetsian is entitled to 28 days of labor leave.

Payroll preparation:

20,000 rubles / 23 working days (total in August) x 19 working days (worked out) = 16,522 rubles.

Surcharge calculation:

20 000 rubles x 5% / 23 working days x 19 working days = 826 rubles. (the calculation is approximate, in a particular situation it will depend on the conditions determined by the document by which it is installed).

Calculation of compensation for non-vacation leave:

1. Number of days: 28 days / 12 months x 6 months (full worked out of the working year) = 14 days.
2. Average daily earnings: 250,000 rubles / 12 months / 29.3 (average number of days in a month) \u003d 711 rubles.
3. Compensation: 14 days x 711 rubles. = 9 954 rubles.

Severance pay calculation:

711 r. x 22 working days (in the next calendar month - September 2016) = 15,642 rubles.

Employers should strictly observe the deadlines for the payment of the final payment (on the last working day, and in the absence of an employee - no later than the next day after the presentation of the request for payment). Otherwise, you will have to bear liability in the form of a penalty (1/300 of the Bank of Russia rate) for each day of delay.

The rights of the employee upon termination of the employment contract at the initiative of the employer

Despite the fact that the unwillingness of an employee dismissed at the will of the employer to terminate the employment contract is unlikely to change the situation in his favor, he is still endowed with a number of rights in the procedure:

1. Accept the offer or refuse the offered vacancies if the termination of the labor agreement is expected to reduce the number of employees at the enterprise.
2. Upon agreement with the employer, receive compensation and leave earlier than two months at the end of the employment relationship due to the liquidation of the legal entity or reduction.
3. Get acquainted with the act of the committed misconduct.
4. Give explanations regarding the circumstances that led to the violation of discipline.
5. Receive assistance in protecting interests from the trade union organization.
6. Apply for protection of rights to the labor inspectorate or the prosecutor's office.
7. Appeal against the unlawful actions of the employer in the judicial authorities.
8. Receive statutory payments within three months subject to unemployment (for those laid off for reduction or liquidation).
9. Receive employment center benefits after dismissal in minimum size- for those dismissed disciplinary offense, on a general basis - for everyone else.

Arbitrage practice

Taking into account the unilateral procedure for terminating labor relations, the category of dismissals under consideration is the leader in terms of the number of disputes. Among the most popular violations on the part of the employer, which led to a court decision to recognize the dismissal as inconsistent with the law:

1. When terminating an employment contract for absenteeism and other gross violations:
   • incorrect determination of the time of absence from the workplace;
   • unfair assessment of the reason for absenteeism;
   • non-compliance with the procedural aspects of bringing a person to responsibility (lack of an act, failure to familiarize the employee, lack of an explanatory note, etc.);
   • non-observance of the principle of proportionality of the punishment and the gravity of the offense committed;
   • dismissal of an employee who is prohibited from dismissal on this basis (for example, a pregnant woman);
   • dismissal for being at work in a state of intoxication without an appropriate medical certificate
2. When applying the grounds - a repeated disciplinary offense:
   • lack of repetition;
   • non-compliance with the deadlines for bringing to responsibility;
   • non-compliance with the procedure for bringing to responsibility;
   • inconsistency in the severity of punishment;
   • dismissal of employees not subject to dismissal on such grounds.
3. When terminating an employment agreement to reduce staffing or liquidate a legal entity:
   • absence of actual reduction or liquidation of the legal entity;
   • non-compliance with the rules of preferential abandonment of employees in case of reduction;
   • non-compliance with the procedure for dismissal (untimely warning, failure to offer employees a transfer to existing vacancies, failure to notify the employment center and the trade union organization, etc.);
   • violations related to the liquidation of a branch or representative office (in this case, employees are subject to dismissal only if the organization has completely ceased its activities in the given area);
   • refusal to pay severance pay, violation of the rules for offsetting severance pay.

Modern Russian legislation contains a large number of diverse grounds for terminating an employment relationship with an employee at the will of the employer. Among them are violations of discipline, low level the qualifications of the employee, the reasons associated with the regulation of the regular number of employees and the termination of the activities of a legal entity, the grounds that apply to certain categories of employees. Each of the grounds has its own characteristics regarding the procedure for carrying out the procedure, payments due to employees, and possible disputes. In order to avoid disputes involving authorized state bodies, and even more so entailing serious material and legal consequences, the employer should strictly follow the letter of the law when carrying out the dismissal procedure.