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How to fire a seller for lack of trust. Tax and accounting Can a seller be fired for

This is called THE FOOL HIMSELF No contract - no responsibility wrote a receipt - answer

try to find the shortage in the audit statements. Judging by the amount, either someone methodically took your cash register, or they missed something during the recalculation, or there were additions...

write to Skype, same nickname.

when invetar. My pregnant employee (salesperson-cashier) has a shortage (more than 6,000 rubles for 2 days), can I fire her?

If all the provisions on liability and the procedure for conducting an audit are met, then she herself may agree to pay the damage. If you fire, who will compensate for the damage?

It seems to me that it was not without reason that such a deficiency was discovered in her, are we looking for a reason to fire a pregnant employee?

Maybe it's better to send her on vacation? But you can’t fire him. The maximum is to deduct money from your salary, and even then, the deducted amount should not exceed 20 percent of the salary.

And before that there was always annoyance.

You cannot fire a pregnant woman, only in the event of liquidation of the enterprise.

They chose a bad way to blame the employee for the shortage in order to get rid of the pregnant woman! Do you already take inventory every 2 days? The very fact that you are starting to get on her nerves is a big sin; in her place, you have to take endless sick days in order to make it to maternity leave without worries!

You can’t fire a pregnant woman, but it’s possible to deduct the shortfall from your salary... if you have an employment contract and a liability agreement

fire her, no. But if she agrees to pay, fine. If she doesn’t agree, just go to court.

worked as a salesperson, without warning they did an audit, brought in a new team, fired them immediately, saying that we had a shortage

normal situation - nothing surprising.

you were abandoned because a new boss or owner came and this is the sad prose of life

The seller was fired from his job for shortages. What article can be written for him in the Work Book? In order to somehow punish the thief, you need to make an appropriate entry in the Work Book.

According to Article 81, subparagraph 7 of the Labor Code of the Russian Federation, the employer has the right to terminate the contract with the employee due to the commission of guilty actions by the employee directly servicing monetary and commodity assets, if these actions give rise to a loss of confidence in him. Thus, you can write an entry in the work book like this: \"Dismissed date\"...\" on the basis of subparagraph 7 of Article 81 of the Labor Code of the Russian Federation due to a shortage in the store's cash register \"store name\". An order and a letter must be made for personnel send him by registered mail, you don’t even have to call the employee. I hope I helped you with this information.

by loss of trust

no, a citizen can be called a thief in the presence of a court verdict that has entered into legal force. Otherwise, he has the right to appeal your fraud in court and YOU are not only obliged to change the record, but also pay court costs and a lawyer, and compensate for moral damage.

I doubt you can prove this in court. If he has even a modicum of brains, he will make you look like Pinocchio in court. And why? But because I have said and will continue to say, you, boss, have no brains anymore. They are not even enough to PROPERLY fire a person.

Well, you’ve been fired, rejoice.. or you want to mock me, I wonder what kind of article they would write for you for pushing home past the cash register. A friend of mine, a former security guard at a supermarket, told me such passions that the hair on my head stood on end... I’m not sure that somewhere else...

You are no one to give such an assessment to a citizen of the Russian Federation without trial. And the user Macr is deeply misleading you, because... if you have the intelligence to write such an article in the work book and the employee turns out to be at least a little conscious person, then you and your enterprise will not find it bad. You will lose ten times more.

What should I do if the seller has a shortage?

Pay off the missing amount

Let him work out the shortage..)

interesting...who is the author of the question?) The employer or the SELLER who has a shortage identified?) They can also initiate a criminal case under Article 160 of the Criminal Code of the Russian Federation (misappropriation and embezzlement of entrusted property of others). The best way out of the situation is to pay off the shortfall so that there are no consequences. And one more point: you can recover the deficiency through a court action if an agreement on full material liability has been concluded with the seller.

It is not always possible to document that there is a shortage. Not everyone’s salary is great either. Therefore, in order to insure yourself against shortages, the best method is to take a deposit from the seller’s first salary and pay it after the audit, if there is no shortage, then leave it again. As a rule, new sellers agree with this because they want to work. And the deposit is left from the probationary period. And so it goes along the chain. Sellers know that their hard-earned money is pledged and do not steal. Trust their many years of experience.

1. Is the seller a person who has entered into an agreement on full liability? 2. Has the inventory been taken in accordance with the established form to confirm the fact of the shortage with the participation of the seller? Is an explanation required? More details in the Labor Code.

It’s clear that the seller took the money. and you ask, maybe they were desperately needed. You need to be humane with people.

Conduct an internal audit (internal investigation) in order to identify the causes of the shortage and the conditions that contributed to this. And if during the inspection the guilt of the materially responsible person is established, then you issue an order and act in accordance with the Labor Code of the Russian Federation (\"Compensation for damage caused to the employer\").

In accordance with the Federal Law \"On Accounting\" you must conduct a complete inventory - an audit, with the preparation of all (!) documents - orders, matching statements, inventory of goods, etc. with copies for delivery to the seller (relying). Depending on the amount of the shortage and the employee’s (written) explanations - i.e. MOL (it would also be a good idea to study the contract, both the labor contract and the swear word - what\`\` you determined for him there in such a situation!) - to decide on the spot, and variations::: from Art. of the Criminal Code, civil proceedings, to the point of forgiveness, which is not prohibited by the Labor Code of the Russian Federation! Since it is not indicated how the storage location for inventory items is organized, do your homework yourself, since failure to ensure the protection of inventory items (assigned to the employer) can be a significant condition in favor of the employee... But follow the procedure in order to competently get out of the situation. And don't forget about deadlines.

for starters, look at the employment contract and the agreement on mating. responsibility

Can a grocery seller be fired based on inventory, and in what cases?

As a result of a shortage, perhaps. With subsequent compensation.

Have you entered into an agreement on full or team financial responsibility? Usually the employer asks to pay off the shortfall without resorting to court assistance. And they can fire you.

Article 81 part 1 clause 7 is suitable - loss of trust. Provided that a liability agreement has been concluded with this seller, the fact of shortage is confirmed (by an inventory act), the amount of damage and the causes of its occurrence are determined (the guilt of this employee in causing the damage is established), the procedure for such cases is followed... only then.

of course not! The seller has nothing to do with inventory! Inventory is a record of the presence and wear and tear of furniture, equipment, transport, funds in accounts, etc., etc., etc. You are only responsible for the availability of the goods issued to you and the compliance of the proceeds with those sold.

Why was the salesman-boxer fired, since he always gave change?

They probably gave him his change back.

Gave too much...

for the shortage, I gave a lot of change

After constant overeating, he not only couldn’t take the change, he couldn’t even take the minimum payment for services

Is it possible to fire a seller for constantly making shortages and surpluses during inventory? Is it possible to fire a seller for constantly making shortages and surpluses during inventory? How correctly and in what order should disciplinary punishments be applied to these sellers?

The question is not strange, but quite appropriate. And clause 7 of Art. 81 of the Labor Code of the Russian Federation - this is not your case. Properly dismissing an employee is not always easy. In any case, for each fact it is necessary to conduct a thorough investigation in compliance with all procedures provided for by the Labor Code of the Russian Federation and only then bring the perpetrators to disciplinary liability. If you need help, please contact us. Sincerely, Evgrafov Vadim Olegovich http://www.collect.ivexbel.ru/

You need to drive him away with a filthy broom, or transfer him to a janitor!

Strange question, no, leave him alone and let him continue to steal.

Article 81 of the Labor Code of the Russian Federation An employment contract can be terminated by the employer in the following cases: 7) the commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

In addition to paragraph 7 of Article 81 of the Labor Code, you can also be dismissed under paragraph 5 and subparagraph \"d\" of paragraph 6 of the same article. Here you need to choose the right basis for dismissal depending on the circumstances.

Can I be fired from my job for a shortage of goods immediately after the audit? I am a salesperson, before issuing a salary, they do an audit and immediately issue a salary based on the results. Minor shortages or small surpluses are always identified - 300 -500 rubles each. An act is written and an explanatory note is taken from me. I repay at the expense of my salary
The owner's patience will soon run out
can he fire under the article for surpluses or shortages and will he be right? ?
There have already been several shortcomings, but I couldn’t stand reprimands, he always forgives me - he’s decent and took pity on me.
The last time he issued an order and I signed that I had read it - which warns that if the violation is repeated, I will be fired under the article.

No. there must be a violation of discipline (Article 189 of the Labor Code of the Russian Federation), which is in the Internal Labor Regulations (I think so, you have never seen such a document - you definitely don’t have it in your office). There are no penalties such as a warning either, there are only: (Article 192 of the Labor Code of the Russian Federation) 1) reprimand 2) reprimand 3) dismissal so, first you must be given 1) a reprimand, then 2) a reprimand, then (3 times) you can dismiss under article: paragraph 7) part 1 of article 81 of the Labor Code of the Russian Federation (committing guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer). and then all these 3 stages: reprimand, reprimand, dismissal - each penalty can be appealed to the court, write, if anything, we will help...

they can....and the plus must subtract the shortfall from the salary....

It may be that an employee commits guilty actions directly servicing monetary or commodity assets, if these actions give rise to a loss of trust in him on the part of the employer, clause 7, part 1, article 81 of the Labor Code of the Russian Federation)! The procedure of article 193 must be observed. And not necessarily, first a note, then a reprimand.. Maybe the employer right away (what is written above about the order is nonsense, excuse me) and without even taking into account the severity (as a general rule) - this is his right, his internal discretion

1. if sellers drink and make shortages, then how to deal with this? 2.how to find a normal seller

Fire and hire new ones. You must be a strict and fair boss

damn..take me...I’ll just + drink...

you need to go to large, trusted stores, and not to small ones to the aunts from the market.

Mona charge the scoreboard..mona kick her feet..there are tons of options..and it’s still in vain that you hired crazy people to work before..

take an older woman, she will value the place. Even if he gets enough of the little things, it won’t matter, it will be better than taking on a new clueless youngster every month.

1. all shortages must fall on the shoulders of the seller who worked during this period. this will be a lesson for them. 2. You can find a normal seller by tightening the requirements for admission, and also by raising your salary accordingly, then normal people will come to you.

As long as they work according to a contract, and not according to labor, there will be a mess.

we must not feel sorry for them, but punish them financially, fire one or two, so that others will be discouraged and not buy into snot and tears

How to recover from a fired seller for shortages? IP

through the court. according to the liability agreement http://www.lawbase. ru/content/view/2455/31/ (remove the spaces) here is an example application to the court, you can do it yourself without a lawyer, or you can hire a lawyer. The court initially sides with the employee. And if it turns out that at least one point of the audit was violated, then the court may declare it illegal, and in this case the employer will not recover anything from the employee. The court cannot say: the employer violated the audit procedure, but since there really is a shortage, he did the right thing by deducting the amount from the employee’s salary. A common violation is the incomplete composition of the inventory commission. By law, it must include representatives of the labor collective that signed the agreement on financial liability. If they do not agree with the results, this must be documented. In order to present a claim to an employee for a shortage, a liability agreement alone is not enough - the employer (and the employee) must have a document in their hands stating that they received the goods (clause 2 of Article 243 of the Labor Code). No receipt - no responsibility.

hit the bisbolnay

well...what can I say?...well, if she’s really okay, then...we can come up with something)

If the shortage was discovered during re-registration after the dismissal of the seller, then the chances are low, you won’t be able to scrape together evidence. and if the seller was not officially employed by you, you can forget about it once and for all, do not collect it legally.

A salesperson in a grocery store was fired and did not conduct an inventory. What if there is a shortage later?

The inventory had to be carried out before dismissal. And since she was fired, that means she doesn’t owe you anything. You can, of course, try to recover the shortfall from her through the court, but can you prove that this shortfall occurred precisely during the period of work of the former seller, and not after her dismissal.

But no way! The doctor was late - the patient died1

You'll either have to pay or fight back.

You had no right to detain the employee, anyway, if there was a shortage, you should have released the employee and sued him...

Is it possible to fire an employee or seller if he has shortages? And the receipt of goods and the balance were recorded only on separate pieces of paper. And if the employee says - I don’t know anything

Can. negligence.. shortages. Do a revision. Question? who should accept goods according to invoices! ? and not on paper? It’s better to take away all the paperwork from the seller (such as invoices...) and reconcile the payments with all suppliers! And compare?.. how much goods were actually received! ? Ask an accountant you know.. (if you don’t have one on staff!?).. she (he). Everything is for you (for a fee, he will clear it!). And you yourself need to put things in order... in your store! and further! shortages...need to be documented! and not in words!

When you hired an employee, did you enter into an agreement with him, including an agreement on financial liability?

If there is an agreement on financial liability, then before you calculate it, you should have carried out an inventory for the availability of goods and shortages in the cash register.... why are two weeks given before dismissal, not so that the person would work these days and received a calculation (in some organizations this is how it works), and so that all the activities could be carried out if he is financially responsible... if they received a calculation and labor... she can safely \"send\" you with your shortcomings. Make an inventory in her presence... she will sign the documents.... you will remove her shortages from her calculation based on the documents and send her home

After the audit, the seller had a shortage, the seller wrote a letter of resignation. How to fire correctly/

See Labor Code. There is a special article about shortages (waste). The very fact of the shortage must be recorded by the commission, with documentation, receiving an explanatory note from the seller, if he does not want to write an explanatory note, this must also be recorded in an act signed by at least 3 witnesses. In addition, when making payments, the amount of the shortfall must be withheld from the seller, if his salary is enough, if not, then the case of the shortfall must be filed in the people's court.

Please tell me how to fire a seller? The seller constantly weighs customers, places his goods on display cases (there are no decisions from the competent authorities, this is established by inspections of the direct employer). The seller herself does not want to quit. The seller is registered as an individual entrepreneur. The employment contract must be terminated at the employment center in the presence of both parties (seller and individual entrepreneur).

The Labor Code contains Article 41, which provides grounds for termination of an employment contract at the initiative of the owner with certain categories of employees in such circumstances.

So, according to clause 2, part 1, art. 41 of the Labor Code, an employment contract can be terminated at the initiative of the owner if an employee who directly services monetary or commodity assets commits guilty actions, if these actions give rise to a loss of trust in him on the part of the owner.

It should be noted that the guilty actions of the employee mentioned in this article do not necessarily have to be of a directly selfish nature; such actions are not always aimed at appropriating the employer’s property by an unscrupulous employee. Such actions may be expressed in negligence or negligence of the employee, which led to the loss of material assets by the employer. Also, the guilty actions of an employee (as, for example, in the case under consideration) can be directed at a client or buyer, which damages the employer’s reputation and can lead to certain financial losses.

All such actions may lead to a loss of confidence in such an employee. So, based on clause 2, part 1, art. 41 of the Labor Code and in this case the seller should be fired.

It should be noted that dismissal on the basis of clause 2, part 1, art. 41 of the Labor Code is not a disciplinary measure and the requirements established by Art. Art. 147 – 149 of the Labor Code on the procedure for applying disciplinary sanctions must not be observed.

Let's consider the employer's action algorithm in this case.

It should be borne in mind that if an employee challenges the legality of dismissal in court, the employer will need to prove the existence of grounds for dismissal, prove the fact that a specific employee committed violations, as well as the fact that all necessary procedures were followed before dismissal.

In the case under consideration, an important role is played by proof of the guilty actions of the employee, who systematically weighs down customers and places his goods on the counter.

The facts of such actions must be documented.

The seller's defrauding of customers may go unnoticed for a long time. The seller may be exposed, for example, as a result of a complaint (preferably in writing) to the head of the employing company or left in the Book of Complaints. The buyer can also submit a complaint to the consumer protection inspectorate, which, if necessary, will be able to confirm to the court the fact of such a complaint.

We believe that it is necessary to have several (at least three) complaints in writing and preferably from different persons in order to prove the systematic nature of the employee’s guilty actions. These complaints can be used in court as one of the proofs of the validity of the dismissal.

Also, if it is revealed that the buyer has weighed himself down or the seller has placed his goods on the counter, it is necessary to create a commission consisting of at least three people (this could be other employees - an accountant, sellers, etc.) who will sign an act on the identification of the above-mentioned facts. To confirm the systematic nature of the employee’s guilty actions, it is advisable to have several such acts.

After this, it is advisable to demand in writing from the employee to give written explanations regarding the guilty actions committed (weighing customers, etc.). The written explanations received will be evidence of the validity of the employee’s dismissal.

In case of refusal to give explanations, it is necessary to draw up an act with the signatures of witnesses, which will record the fact of the employee’s refusal to give explanations. This act/acts can be used in court if the legality of the dismissal is challenged.

Having in hand written explanations from the seller (or an act/acts recording the fact of refusal to give explanations), complaints from buyers, acts recording the commission of guilty actions, an order should be issued to dismiss the employee on the basis of clause 2, part 1 of Art. 41 Labor Code. The employee must familiarize himself with it and sign it.

Payment to the employee must be made on the day of dismissal. The work book is also handed over against signature.

If the employee refuses to familiarize himself with the order and receive the work book, it is necessary to send the employee a valuable letter with a receipt notification, in which he will inform about the fact of dismissal on the basis of clause 2, part 1, art. 41 Labor Code, date of dismissal, opportunity to familiarize yourself with the order; offer to pick up the work book, as well as receive all amounts due to him.

In such a letter, the employee should be informed that if it is impossible to appear in person to receive the work book, he can give written consent to have the work book sent to him by mail and provide the address to which it can be sent.

Also, if the salary is paid not to a bank account, but in cash, the employee in the above letter is asked to provide bank details to which the funds due to him can be transferred.

It should be noted that compliance with the specified algorithm of actions will protect the employer from possible problems in the event of challenging the legality of dismissal in court.

As for the issue of deregistration of an employment contract at the employment center, such a procedure is provided for contracts concluded before January 1, 2015. In the event of the expiration of the employment contract or its early termination, the business entity makes an entry in the employment contract about the grounds for its termination with reference to the relevant articles of the Labor Code, of which the parties notify the employment center, regardless of the place of registration of the employment contract.

The procedure for deregistration of an employment contract at the employment center is carried out in accordance with the provisions of Order No. 260 of 06/08/2001.

Employment contracts concluded from January 1, 2015 between an individual and an individual entrepreneur are not subject to registration with the employment service.

It should be noted that in the event of an employee’s refusal to appear at the employment center, deregistration of the employment contract is carried out subject to the submission by the individual entrepreneur of: 1) a copy of the employment contract; 2) applications for deregistration of an employment contract indicating the date of dismissal of the employee and the grounds for termination of the said contract; 3) copies of documents confirming the sending to the employee of a notice of intention to terminate the employment contract with him (by registered mail with acknowledgment of receipt), settlement with the employee, or a copy of the payroll indicating the amount of deposited wages.

In this case, the employment center informs the employee about the deregistration of the employment contract.

It is important that the procedure for deregistration of an employment contract can be carried out by any employment center, regardless of the place of registration of such a contract.


2) the commission of guilty actions by an employee directly servicing monetary and material assets, if these actions are the basis for the loss of confidence in him on the part of the employer;

42. According to paragraph 2 of Art. 47 of the Labor Code, employees who directly service monetary and material assets (reception, storage, transportation, etc.) who have committed guilty actions that give the employer grounds for loss of confidence in these employees can be dismissed.

Payment of deficiency upon dismissal

1 answer. Moscow Viewed 727 times. Asked 2012-03-12 12:16:10 +0400 in the topic “Labor Law” How not to pay the shortfall. Appointed director without audit - How not to pay the shortfall. Appointed director without audit. Further

1 answer. Moscow Viewed 697 times. Asked 2012-03-11 16:01:59 +0400 in the subject “Labor Law” I worked unofficially, they hang up the shortage, what should I do? - I worked unofficially, they say there is a shortage of what to do.

How to correctly formalize the dismissal of an employee (salesperson-cashier) due to loss of trust?

Termination of an employment contract due to loss of confidence in the employee is carried out at the initiative of the employer. It is necessary to take into account that. according to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on December 28, 2006), termination of an employment contract with an employee under paragraph 7 of Article 81 of the Labor Code of the Russian Federation is possible only in relation to employees directly servicing monetary or commodity values.

How to properly fire a seller for shortages

Article 247 of the Labor Code of the Russian Federation: Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence. To conduct such a check, the employer has the right to create a commission with the participation of relevant specialists. Requiring a written explanation from the employee to establish the cause of the damage is mandatory.

How to fire for shortages?

Good afternoon. And you can dismiss in accordance with clause 7, part 1, article 81 of the Labor Code of the Russian Federation for the commission of guilty actions by an employee who directly services monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer.

At the same time, for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply a disciplinary sanction, including in the form of dismissal on appropriate grounds.

By virtue of Art.

Legal advice on liability for shortages

I worked in a self-service store as a cashier, completed a 3-day internship and was officially hired, but the contract stated that I had a probationary period of 3 months. I worked in this store for 2 months, wrote a statement on September 12, 2012, the director signed it for me with 2 weeks of work, i.e. September 26, 2012 was my last day of work. salary and they didn’t give me my documents, they said they would call me. The store closed on October 1, 2012 because

Is it possible to fire a pregnant woman for shortages?

Labor Code of the Russian Federation - Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother upon termination of an employment contract

Termination of an employment contract at the initiative of an employer with pregnant women is not permitted, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.

Termination of employment

Shortage in the store

Accounting in a store is a rather complex procedure that requires special skills, care and professionalism. Often various disputes arise in the relationship between a subordinate and an employer.

If you have detected a shortage in the store. You can be sure that this situation is regulated by the Labor Code of the Russian Federation. Moreover, responsibility from the seller is not relieved even if the contract was not concluded when the seller was hired.

It should be noted that the obligation to compensate for the shortage is imposed only in a situation where the shortage arose as a result of illegal actions.

If the fact of a shortage is officially confirmed, the dispute can be resolved voluntarily.

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Conflict situations that arise are resolved taking into account the employment contract and the Labor Code. Even if the contract was not concluded, the seller is not relieved of responsibility. The employee who caused the damage must compensate for it. But the obligation to compensate is imposed only if the shortage arose as a result of illegal actions, that is, if the employee did not fulfill or performed his job duties poorly.

It is unlawful to terminate an employment contract with an employee about whom repeated complaints from customers were written in the book of reviews and suggestions, and complaints were also received to the administration of the shopping complex for the untimely opening of the department and failure to comply with the terms of the advertising campaign carried out by the administration of the shopping complex, on the basis of the employee’s inadequacy for the position held . In our opinion, in this case, it is possible to dismiss an employee at the initiative of the employer in accordance with clause 5, part 1, art. 81 of the Labor Code of the Russian Federation - for repeated failure by an employee to fulfill labor duties without good reason, if he has a disciplinary sanction. In this case, the procedure for applying disciplinary sanctions and dismissal provided for by the legislation of the Russian Federation must be observed. Rationale: The case of termination of an employment contract proposed in the question is referred to in the Labor Code of the Russian Federation as a case of an employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results. Based on the foregoing, the employee’s incompatibility with the position held or the work performed can be established only after certification. In accordance with paragraph 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as the Resolution), dismissal on the specified basis is permissible provided that the employee’s incompatibility with the position held or the work performed due to his insufficient qualifications are confirmed by the results of certification carried out in the manner established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers. Taking this into account, the employer does not have the right to terminate the employment contract with the employee on the above grounds if certification was not carried out in relation to this employee or the certification commission came to the conclusion that the employee is suitable for the position held or the work performed. In this case, the conclusions of the certification commission about the employee’s business qualities are subject to assessment in conjunction with other evidence in the case. Thus, the dismissal of an employee on this basis, based on the circumstances stated, will not correspond to the actual circumstances of the case. It seems that the closest thing, in accordance with the information presented, is the dismissal of the employee (if we are talking about dismissal at the initiative of the employer) in accordance with clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - in connection with repeated failure by an employee to fulfill his work duties without good reason, if he has a disciplinary sanction. In accordance with paragraph 33 of the Resolution, the employer has the right to terminate the employment contract on this basis, provided that a disciplinary sanction was previously applied to the employee and at the time of repeated failure to fulfill his work duties without good reason, it has not been lifted or extinguished. For late opening of a store, for example, an employee may be reprimanded or reprimanded. To properly formalize the dismissal, it is necessary to record the repeated commission of the violation (memorandum, decision of the commission, etc. ). At the same time, when applying disciplinary sanctions, it is necessary to comply with the procedure and deadlines for applying disciplinary sanctions provided for in Art. 193 Labor Code of the Russian Federation.

He is also required to write that he is aware that such an article will appear in his work book. All these actions are not reflected in legislative acts, but legal practice shows that management’s carelessness in documenting such serious charges usually turns against the enterprise. Up to the restoration of the employee who has lost confidence with payment of compensation due to moral damage. Categories of employees not subject to dismissal Female employees who have committed actions entailing loss or loss of trust, but are pregnant at the time of the commission of the offense, cannot be dismissed. If facts are revealed that an employee has squandered goods and materials, but at the time of discovery he is on vacation or on sick leave, then the proceedings must be postponed until he returns to work.

How to fire someone for lack of trust

But if an ordinary employee is not bound by such an agreement and, by the nature of his work, is not related to goods and materials, but committed theft and sold his work computer or desk, then such an article cannot be applied to him. Since the Labor Code of the Russian Federation literally says that the article is applicable only to those who “serve monetary or commodity values.”
Management should pay special attention to this phrase - if an employee’s job description or employment contract states that he is responsible for inventory and materials, then dismissal can be applied to him for loss of trust. Otherwise, a company that hired an employee for a position that does not fall under the service of goods and materials, even if the employee committed unlawful acts, will face a hearing from the labor commission.
And it is not yet known who will be right - an inattentive personnel officer or a guilty employee.

Dismissal of an employee due to loss of trust

This form is optional, but it greatly simplifies the settlement of labor relations at the enterprise. See also How to dismiss an employee by agreement of the parties If such a form is not available, then the following are listed those actions that can be called suitable for applying the article related to loss of trust:

  • situations when an employee uses inventory items for non-work purposes;
  • manipulation with inventory items, as a result of which the employee gains benefit;
  • non-compliance with cash discipline rules;
  • proven theft or loss of inventory items due to the fault of an employee;
  • storage of inventory items in improper conditions, which may lead to their loss;
  • transactions with funds contrary to established rules;
  • filling out price tags with deviations from those given in the invoice;
  • deceiving the buyer or employer by miscalculating, underweight, etc.

Article 81 dismissal for lack of confidence

For example, if a warehouse employee is fired due to loss of confidence because he did not ensure proper storage of goods, then management will have to prove that the company provided this employee with everything necessary to keep inventory items safe. But if the dismissed person submits ignored letters to management stating that a pipe is leaking above the fur coat warehouse and needs to be replaced, then the question will arise: will dismissal under this article be fair if there is a pipe break and the fur coats are damaged? Therefore, before giving instructions to dismiss an employee, you should develop a strict sequence of actions in the question “How to fire under such an article?”

The procedure for dismissal due to loss of confidence in the employee

Attention! The work of such a commission must carefully examine the actions of the alleged culprit. Each accusation must be supported by documents.

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And also the explanations of the employee himself, who is supposed to be dismissed under Art. 81 clause 7 of the Labor Code of the Russian Federation. In order for the official investigation to be formalized properly, the following points must be noted in the order to convene the commission:

  • Full names of commission members;
  • purpose of the convocation;
  • what powers are assigned;
  • terms of powers and work of the commission.

Each member of the commission must be familiar with the dismissal order and certify his familiarization with a signature.


Next, the commission conducts an internal investigation, documenting all the revealed facts.

How to fire an employee you no longer trust

Attention

Recalculation occurs according to the formula: balance at the beginning of the month + receipt of goods - (total revenue + write-off of goods) = balance at the end of the month. The presence of goods in the warehouse and the amount derived from the formula must be identical;

  • non-compliance of the employee’s actions with the Law of the Russian Federation on the circulation of alcoholic beverages;
  • issuance of medicines and drugs to persons who do not have specially prepared documents;
  • carelessness regarding the storage of means of access to inventory items;
  • violation of discipline when filling out papers when issuing or accepting goods and materials;
  • proven actions that led to the creation of a threat of theft of goods and materials by third parties.

But the management of the enterprise must be prepared for the fact that any accusation will be considered by the commission if the employee considers the article applicable to him to be inconsistent with his work activity.

The procedure and necessity of applying clause 7 of Art. 81 dismissals for lack of confidence

Grounds for loss of confidence in an employee Dismissal due to lack of confidence is regulated by clause 7 of Art. 81 Labor Code of the Russian Federation. This often happens in relation to people performing work related to acceptance, release, storage of any material assets or finances. What exactly is considered a loss of trust is not specified in the Labor Code of the Russian Federation, since it is formulated by the head of the company itself. This boss expresses distrust of employees in his own way, based on the situation.

The trust of the head of the company is stated in the working documentation of the financially responsible person. A liability agreement is signed with the employee, but this does not serve as a basis for dismissal for lack of trust.

If theft, embezzlement, or bribery is proven, he also falls under the article of mistrust. But this can only happen when the employee is truly financially obliged.

Vote:

After the work of the created commission is completed, an act is drawn up in which all its participants put their signatures. The offending employee must familiarize himself with this document and sign it.


After conducting such an investigation within the organization, you have the right to dismiss the employee due to loss of trust. Only after conducting an investigation within the organization do you have the right to dismiss the employee due to loss of trust.


3. Explanatory note from the offending employee. Before issuing an order to punish an employee, he must handwrite an explanatory note about what happened.
Is he refusing to write? Then he is given a notice that he is obliged to do this. If the employee does not sign this notice, then a report is drawn up.
Just! For lack of trust, you can fire financially responsible persons with whom an agreement on individual or general financial responsibility has been concluded. This is stated in Article No. 81, paragraph 7. When dismissing under this article, it is necessary to fully document the guilty actions committed by the financially responsible person.

These may include both actions performed during working hours and actions performed during non-working periods. Articles