Often people are faced with the fact that the employer threatens to fire them for one reason or another or no reason at all. It is important to start responding to the current situation in the right way. As a rule, emotional responses or ignoring the situation end in a real dismissal from work, and up to the “article”.

Is this a violation of the law

In fact, no employer can fire a person just like that. According to the legislation of the Russian Federation, such a circumstance is generally not possible. And then usually the authorities resort to one of two options:

• Or simply intimidating, which many face;
• Or writes.

But the latter is possible only if there are appropriate justifications and evidence. Accordingly, the threat of dismissal is a violation of a number of articles of the Labor Code of the Russian Federation:

• Article 80 on termination of the employment contract at the request of the employee (no later than two weeks before the expected date of departure, an application is submitted). After a 2-week period, the employee has the right to terminate his labor activity, regardless of whether the employer has found a replacement for the employee or not. Accordingly, the record of dismissal under the article in this case is illegal and then the following article comes into force.
• Article 353 on state supervision and control over compliance with the Labor Code and other legal regulations related to labor law. That is, the supervision of employers on the territory of the Russian Federation is carried out by the labor inspectorate. At the state level, when violations are revealed, the Prosecutor General of the Russian Federation and prosecutors subordinate to him are already dealing with this case. They monitor the implementation of the following articles.
• Article 234 on compensation for material losses due to illegal dismissal, as well as article 237 on compensation for non-pecuniary damage caused to an employee.

But the problem is that there are no specific articles on the threat of dismissal. The only thing that an employee can operate with in the event of a similar situation is the above laws. That is, if the employer has weighty evidence, recorded in writing or in any other form, then he really has a lever of pressure on the subordinate.

It is almost impossible to prove the threat of dismissal. Even the presence of a dictaphone recording is not always regarded as evidence. Accordingly, it is necessary:

• Find witnesses of such treatment of the employer with employees;
• Have the necessary documents (for example, if a person decided to quit of his own free will, and the employer threatens to dismiss him under the article because he did not find a replacement, you must keep copies of all documents, including resignations with the appropriate signatures and stamps)
• Still, record on a voice recorder, which will be an auxiliary detail in the case.

As a rule, the presence of such factors helps to negotiate with the employer on peaceful notes, as far as it is generally possible in the current situation.

Where to go

Without evidence of such a situation, it is not possible to cope with the employer as a whole. Accordingly, many people ask where to turn in such cases. According to the law, the Labor Inspectorate must monitor the legality of the actions of the authorities in any organization.

Further, if violations are revealed, then an application is already submitted to the local prosecutor and then there are court proceedings. But if no violations have been identified or there is no evidence, then the maximum that they can do in the authorities is to wag a finger and no more. Therefore, such cases are often lost.

What to do with such a threat

What to do if you are threatened or suspected of being fired:

1. You must carefully monitor the implementation of your job descriptions and duties. The employee is not obliged to go beyond their limits and perform work in excess of the norm or another employee. That is, standard work is performed, according to an employment contract.
2. If there are written documents fixing your violations, it is necessary to take into account the reasons indicated there, and also, if there is something to answer, give an answer in the same written form with proposals for eliminating the conflict situation.
3. Make your own collection of data, evidence of the fact of a threat of dismissal in case one really follows.
4. If they are really going to fire a specific employee, then provocations can follow - from and to. In the first case, it is necessary

It is also worth considering that even in cases where an employee managed to achieve victory in such situations, many simply could not withstand the general pressure and alienation and quit themselves. Therefore, this fact should be taken into account. It is important to understand whether you are really going to be fired or whether everything is limited only to threats.

• In the first option, you can continue to insist on your own, fulfilling in good faith exclusively your duties in accordance with the employment contract and the Labor Code of the Russian Federation.
• In the second case, ideally, you should try to negotiate with your superiors, or agree to dismissal by agreement of the parties with appropriate compensation.

Important! When writing a statement of one's own free will, it will not be possible to obtain compensation. Therefore, this option should be abandoned. And it is important to voice your position immediately.

If work on weekends is carried out in violation of the Labor Code of the Russian Federation, as well as the employment contract, then the employee has the right to refuse the employer, regardless of the circumstances, subject to the fulfillment of his duties. On the other hand, a conflict situation can be resolved through an agreement on compensation. But it is important that work on the weekend is officially recorded on the documents, otherwise it will not be possible to prove the fact in the future.

In order for employers to come to a clear understanding of what can be considered absenteeism and not make unfounded accusations against their employees, we recommend that you read Article 81 of the Labor Code of the Russian Federation.

So, is it possible to be fired for absenteeism without an explanation?

In accordance with the provisions of the sixth paragraph of this legislative act, the manager has the right to terminate business relations on his own initiative, if an individual, without any warning, was not at his workplace for a time period of four hours or more, or was absent for the entire working day.

That is, if an employee, without good reason regarding his absence, does not go to his shift or is not at his workplace for more than four hours, then this fact can be considered a fairly weighty argument for canceling the employment agreement under the article for absenteeism.

However, in order to fix the fact of absenteeism of a certain individual, it is necessary to understand what is meant by the concept of a workplace.

In this regard, we note that a component of the space of a certain enterprise, intended for a specific employee to perform his immediate duties and equipped with all the necessary equipment that is necessary to perform labor functions, is called a workplace.

IMPORTANT INFORMATION! If the employer cannot contact the missing employee for a long time and find out for what reason he is not at the workplace, then dismissal of the employee for absenteeism without a good reason for the employee will be legal.

However, first you need to take into account the requirements of Article 42 of the Labor Code, which provides regulations on what actions and conditions must be met in order for the judiciary to recognize an individual as missing.

Article 42. Procedure for developing a draft collective agreement and concluding a collective agreement

The procedure for developing a draft collective agreement and concluding a collective agreement is determined by the parties in accordance with this Code and other federal laws.

For many employees, the question automatically arises regarding how much absenteeism is needed for dismissal and at the same time remain at their workplace. The head of any organization can be dismissed for absence from the workplace, which was absent only 1 time without a respectful explanation for this act.

However, this is only the right of the employer, but not his obligation. In connection with this fact, each manager decides at his own discretion how many absenteeism to dismiss an employee.

Often, in the case of a single absence, a milder disciplinary punishment is applied, and if absenteeism smoothly flows into systematic, then this is already considered a gross violation and, as a rule, ends with dismissal for long absenteeism.

Category of individuals not subject to dismissal due to absence from work

Before punishing a certain employee for committing a disciplinary violation, in this case, absence from the workplace, the employer must figure out which category this employee belongs to.

Since it is accepted by the current legislative acts that it is impossible to terminate labor relations due to absenteeism with the following groups of individuals:

• pregnant workers.

  Below is an example document:
  
  

• Act. The execution of the act serves as the second stage in the procedure for dismissal due to absenteeism. The essence of this document is to confirm the fact of absenteeism.

  The act is filled out in free form and necessarily includes information that contains information about the head of the organization (position, last name, first name and patronymic), as well as personal data about employees who are not interested in the outcome of punishment and who witnessed violations.

  It should also be noted in the document that the reason for the absence is unknown or is not valid, describe in detail the violation, including the dates of absence and duration, indicate the full name and position of the offending employee, and at the end put the signatures of the manager and witnesses absenteeism. It is also necessary to sign the employee himself, thereby confirming his familiarization with the act.

  In the picture you can see an example of an act of absence from work:

  
  

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  Notification. The manager must issue a notice and provide it to the employee, since it serves as a kind of warning signal that requires attendance at work and an explanation of the reasons for the absence.

  The notice prescribes the period until which an individual can appear at work and influence the decision of the employer, it is also indicated that otherwise, all necessary documents will be issued with the date of dismissal for absenteeism, and at the end a reference is made to Article 81 of the Labor Code.

• Explanatory letter. If an individual who has received a notification from the head decides to come to work on the date specified in the document or on the day of dismissal with a continuing absenteeism, then he should be required to write an explanatory note.

  There is no established form for this document, so the employee just needs to indicate his identity, position, days of absence in it and briefly argue for what reasons he did not go to work. In some cases, a document confirming the employee's explanations must be attached to the explanatory note.

  In the photo below you can see an example of an explanatory:
  
  

• Dismissal order. If the employer did not receive an explanatory note, or considered that the reasons for the absence were disrespectful, then he must issue an order giving an order to terminate the employment contract.

  The order is drawn up in the form No. T-8. In the column “grounds for dismissal”, you need to write that the termination of the employment agreement occurs for absenteeism, which was committed on a certain date, and mention the sixth paragraph (letter “a”) of Article 81 of the current code.

  And in the line requiring the indication of the documents that served as the basis for dismissal for absenteeism, refer to the aforementioned act and memorandum. You also need to write down their number and date of compilation. In all other respects, the dismissal order for absenteeism is no different from other orders.

  The picture shows an example of a dismissal order:
  
  

FOR REFERENCE! If the employer begins to doubt the correctness of his actions, then the answers to all additional questions that have arisen regarding the correct procedure for applying disciplinary punishment can be found in Article 193 of the Labor Code.

Employer's actions if the employee's whereabouts are unknown

Sometimes it happens that there are difficulties in dismissal during long absenteeism of an employee. He suddenly disappears and it is impossible to find him, and in this case, the manager has the right to carry out the procedure for dismissal of the missing employee, arguing this by being absent from the workplace.

The employer must do the following:

1. write a letter addressed to the missing worker, which contains a request to come to work, and send his registration to the place. It is advisable to repeat this action several times.
2. Contact the hospital at the place of registration of an individual whose whereabouts are currently unknown in order to search for the missing employee.
3. Send a request to the police station located at the place of residence of the employee, requiring information about the missing individual.

If all of the above actions of the instruction are unsuccessful, then the manager can safely dismiss the employee for absenteeism. However, after that, it is also worth sending a letter to the employee's registration address, notifying him of the fact of dismissal.

IMPORTANT! If an already dismissed individual appears, whose whereabouts were previously unknown and he provides good reasons for his absence to the judicial authorities, the head will be obliged to reinstate him.

Payouts

After the termination of the business contract by both parties, the dismissed individual, including the truant, is obliged to receive a number of cash payments on the day of dismissal for absenteeism, due to him by law. Thus, the accounting department must accrue compensation for all periods that were intended for the employee for vacation, but at the same time he did not have time to use them.

Also, the employee must receive a full payment for all days actually worked by him, which were not taken into account and paid along with the previous salary.

Entry in the workbook of a truant

As you know, upon dismissal, the work book should indicate the reason for terminating the business relationship and indicate an article confirming the legality of these actions. Since absenteeism is considered a gross disciplinary violation, such a mark in the work book usually brings a lot of unpleasant consequences when an employee is dismissed under an article for absenteeism.

What threatens dismissal under the article for absenteeism? After dismissal for absenteeism, the unpleasant consequence for the employee will be that when looking for a new job, almost no employer is willing to take responsibility by hiring a truant. Since in the event of a sudden absence of such an employee at work, a disruption of the production process may occur, and the organization may suffer significant losses.

Below you can see a sample entry in the work book about dismissal for absenteeism:

Employer's liability for misconduct

Employers should always remember that they bear administrative responsibility in case of violation of the dismissal procedure. Also, the head of the organization will be liable if the individual with whom the employment contract was canceled disputes and proves in court that he was absent from work for good reasons.

In this case, the judicial authorities will not only decide to return the employee to his former place of work, but will also force him to make a full calculation of all the amounts of money due to the employee under the law and pay for forced absenteeism in case of illegal dismissal.

The employer will also have to accrue and pay money for all those days that he counted earlier as absenteeism.

Thus, the procedure for terminating business relations with a truant is rather complicated and has many features. However, if you carefully read the recommendations of this article and take them into account when dismissing, this process will become much easier. We wish you success!

Most HR specialists, when hiring a new employee, study his work book. If an employee was dismissed from a previous job under the article, he may have serious problems with employment. Dismissal under the article is like a stigma that characterizes an employee as an unreliable and, therefore, undesirable employee in the company. Someone, having received an unsightly entry into the labor force, despairs and thinks that he will no longer be able to find a good job. But a lot here depends on the area in which the person works, and on the specific employer, and on the applicant himself. What to do in such a situation, how to look for a new job, what to say at the interview?

A fatal record in the labor can appear for various reasons: a conflict with the management, a real violation of labor discipline by the employee, the unwillingness of the employer to let the employee go. But we will not talk about these reasons, since HR specialists usually do not investigate these reasons.

"We will call you back"

Discussions about the abolition of work books in Russia have been going on for a long time, and personnel specialists are more likely to speak out against the abolition, noting that the existence of work books helps maintain labor discipline. When employees care about their reputation in the labor market, they take their responsibilities much more seriously. An experienced personnel officer, according to the information available in the labor office, can assess the reliability, discipline of an employee, his potential “loyalty” to the organization, and he does not want to lose access to this information at all.

At the same time, for an employee who has a dismissal under an article in his work book, the search for a new job often turns into a whole epic. If rare and valuable specialists can afford such a record without great consequences for further employment, then it is very difficult for everyone else in this situation. As soon as it becomes known about the dismissal under the article, the applicant receives a refusal without consideration or the standard phrase “we will call you back”, which usually ends everything. Why it happens?

The entry in the work book about the dismissal under the article, like a bright flashing red button, immediately informs the personnel specialist: problems may arise with this employee in the future. The task of the personnel officer is to choose the best specialist who is optimally suited to the requirements for the position, a specialist with whom there will be no unforeseen difficulties in the process of work. As a rule, recruiters do not want to take risks. After all, if the hired worker again makes the same mistake, they will ask for it from the one who hired him.

For this attitude, many accuse HR managers of stereotypical thinking and the lack of an individual approach, but they just do their job - to make sure that every single cog in the company works properly and stably.

It is worth mentioning that a lot depends on the area in which the dismissed person has a job, on the situation on the labor market. It will be easier to find a job in mass specialties, in which there is a standardly high turnover of personnel, but a qualified specialist looking for a job in a profession in which competition is tangible will remain practically without a chance.

How to find a job if you were fired for absenteeism?

It is difficult to give unequivocal advice in this situation. Even at specialized forums of recruiters, job seekers fired under the article are advised by HR managers themselves to “lose” their labor and start everything from scratch. While this is not the only option available, many take the path of least resistance and do just that. We only note that in this case the accumulated experience, reflected in the work book, will “burn out”. In addition, you will have to lie to the employer, risking being caught in a lie: if you want to find out where the person actually worked and why he quit, the employer can.

The second option is to look for a job through an acquaintance. With such employment, there are usually no interviews, the employee does not need to compete with other applicants. In this case, you will not have to get rid of documents or lie to the employer. When you change jobs, the problem will arise again, but the dismissal under the article will be covered by a new entry, and it will not be difficult to get good recommendations for acquaintances.

The third option, the most honest, but also the most difficult, is to look for a job, go to interviews and hope that one day the employer will accept the applicant for who he is. And in this case, a number of questions again arise: what to do, so as not to receive refusals at the first contact with the employer, how to behave at an interview, how to explain the reason for dismissal under the article.

Everyone finds their way out. Someone works outside their specialty, while at the same time looking for a suitable job. One employee gets a job through an acquaintance, blocking the ill-fated record in the labor, the other gets rid of this labor altogether, taking risks, the third goes through many interviews.

For the latter, competitiveness in the labor market is a critical issue. You can become more competitive by stubbornly raising your professional level, or you can simply lower your desired salary. The only thing that is categorically not recommended to be done in such a situation is to give up and think that now the career is over. You can always find a way out, just someone will cut the path by choosing a short path, and someone will go to the goal for a long time, gaining new experience. The choice always remains with the employee.

Interview Difficulties

The first task of the applicant is to make sure that he is invited for an interview. Therefore, the reason for dismissal does not need to be indicated in the resume and, moreover, immediately inform the employer about it in a telephone conversation. Each employee has advantages and disadvantages, weaknesses and strengths. Speaking at an interview about your shortcomings, if they are not asked about them, is not recommended in principle.

To increase your chances, if possible, you should try to get an appointment not with the personnel department, but directly with the employer, since in this case the approach to you will be more individual.

It is not worth talking about the reasons for recording in the labor force, unless you are asked about it directly. Any explanation will sound like an excuse and will not add any pluses to you. And if at the same time it contains negative and impartial reviews about the former employer, most likely this will not be interpreted in your favor.

When answering the question about the reason for dismissal under the article, it is better not to allow too much emotionality and explain everything briefly. An answer in the spirit of a famously twisted soap opera with former colleagues and bosses in the lead roles may seem interesting to the employer, but such an employee will most likely prefer to be abandoned before he comes up with a new story about a new boss. Therefore, it is better to be concise: give the actual reason and add that you are sorry that the circumstances turned out that way. The ability to admit and correct a mistake is valued much higher than the ability to disguise it.

Lowering the salary is an extreme option, since you risk not only earning less in the end, but also getting to an employer who needs a “convenient, willing” employee. Your agreement to work for a lower salary than your colleagues is the first signal to the employer that you are just such a person. Another situation is work in a company or a small firm, where salaries are lower and where mostly novice specialists come. An experienced employee in such a company can be taken, even despite the spoiled labor.

If the employer shows hesitation, you can offer to take you on a trial period to ensure your suitability.

Anna Shevchuk

On the basis of regulatory legal acts and the Labor Code of the Russian Federation (hereinafter referred to as the Code), labor relations between an employer and an employee, fixed by an agreement, can be terminated at the initiative of any party, as well as in situations that do not depend on their will. It is important for the employer to comply with the requirements of the law governing relations with employees.

It is necessary to correctly apply the articles for the dismissal of an employee. In the future, this will help to avoid unwanted meetings with representatives of the labor commission, as well as long and exhausting proceedings in court. Russian legislation guarantees not only the right of a citizen to work and decent pay, but also to compliance by the employer with the requirements of the Code upon dismissal. Properly organized personnel service at the enterprise is the key to successful work and the reputation of the head.

How to quit on your own?

On the basis of Article 80 of the Code, the employee may terminate the employment relationship on his own initiative. To do this, you need to write the appropriate application, which can be submitted for consideration at any time. The restrictions in this case relate to the period in which the employee has the right to terminate his activities. All employees must work for at least two weeks from the date of application, and management staff for at least one month. The legislation provides for the possibility of early termination of contractual obligations with the employer if the employee entered a higher educational institution, in connection with retirement or in other situations provided for in the Code.

During the period of mandatory working off, it is possible to withdraw the application and terminate the dismissal procedure. It will be possible to save the position and place of work if it is vacant and there are no restrictions on refusing a new applicant. Upon the expiration of the period of mandatory working off, the employer is obliged to make a full payment on the last working day. If the employee was not paid the amounts due in due time, he is considered not dismissed, and his application is invalid.

What are the advantages of dismissal by agreement of the parties?

In fact, dismissal with the execution of an agreement between the parties can be initiated by both the employee and the employer. Article 78 of the Code provides such an opportunity and is not limited by any prohibitions. For an employee upon dismissal for their own personal reasons, this type is more preferable. It makes it possible, in case of registration at the labor exchange, to receive benefits based on the calculations made on the salary from the last place of employment.

The legislation does not establish strict rules for drawing up an agreement. In this case, it is customary to take as a basis the appendix to the employment contract, which usually contains clauses with official duties, liability and rights of an employee in a particular position. It may also contain clauses with the conditions of the proposed career growth, the amount of bonuses for individual activities, as well as the amount of compensation payments and deductions in case the parties fail to fulfill their obligations.

After compromises are found and there are no unresolved issues. An agreement on the absence of mutual claims is signed between the employer and the employee. Within the specified period, the employee may be dismissed with the receipt of the due cash payments on the last working day.

How to dismiss employees at the initiative of the employer?

This opportunity is provided by Article 81 of the Code, which regulates the process of initiating the termination of labor relations by the employer. It gives a complete list of categories of employees to which this procedure can be applied. The circumstances under which an employee may lose his job are also reflected in this article. The employer has the full right to dismiss employees in the following cases: termination of the enterprise due to liquidation, reduction in the number of personnel, due to inconsistency, violation of official duties, for repeated, in connection with theft and embezzlement, for actions considered immoral (applies to certain categories of employees ), in case of loss of trust, for forgery of personal documents, etc.

Details on how to properly dismiss an employee at the initiative of the employer:

It is necessary to take into account the documented process of the employee's labor activity to determine the number of violations and their systematics. For example, Article 81 of the Code allows if the violator without good reason misses the entire working day or is absent from the workplace continuously for four hours.

How to dismiss in the event of circumstances beyond the control of the employee and the employer?

This situation is reflected in Article 83 of the Code and allows dismissal in the event of circumstances beyond the control of the parties. Legislation defines their list. And it includes the following cases: a call for military service, the reinstatement of a previously dismissed employee, refusal to transfer to another job, losing elections to an elected position, inability to perform their functional duties for health reasons, death and other cases specified in this article. To terminate the employment contract, documentary evidence of the validity of the application of dismissal for specified circumstances is required.

Dismissal can be caused by completely different reasons. Most often, employees leave on their own initiative. Note that this situation is the most acceptable for the employer, because there is no risk that the subordinate can sue. But there are times when an employee simply does not cope with his functional duties, or even does not go to work at all. How to proceed in such a case? How to fire an employee without violating the Labor Code?

Of your own accord

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

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

Dismissal at the request of management

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

1. Complete liquidation of an enterprise or individual entrepreneur.

2. Reducing the staff or the number of employees.

3. Inconsistency of the employee with the position held due to insufficient qualifications.

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

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

6. One-time gross violation of one's duties:

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

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

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

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

10. A single gross violation of labor duties by the boss or his deputies.

11. Providing false documents when applying for a job.

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

Liquidation of the organization or reduction of staff

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

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

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

You don't suit us

If the subordinate does not cope with his duties, you can also say goodbye to him. However, the fact that he does not correspond to his position still needs to be proven. The knowledge of the employee will have to be tested. To do this, conduct an extraordinary certification. By order of the enterprise, an attestation commission of several people is created (the head does not have to be included there). Also, a special provision should be developed for the appraisal of employees. It indicates the timing, evaluation criteria and the procedure for such an event.

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

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

Violation of labor discipline

How to dismiss an employee if he violated labor discipline? In this case, you need to be very careful, since even the slightest mistake can lead to the fact that the employee will be reinstated by court order. First, remember the following points:

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

If you fulfill all the requirements, do not miss the deadlines, receive an explanatory note from a subordinate, then you can be sure that it will be almost impossible for a violator of discipline to be reinstated at work.

How to fire an employee for absenteeism?

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

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

Drunk Appearance

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

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

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

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

Dismissal on sick leave or vacation

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

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

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

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

Other reasons for leaving

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

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

Special grounds

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

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

Dismissal of objectionable employees

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

Payouts when leaving work

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