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Every able-bodied person strives to find decent work and income. To do this, he can change his place of work countless times. And this process is associated with dismissal.

But leaving a previous job is not always voluntary. Some employers may fire an employee they don't like without cause and illegally.

Unfortunately, in the modern labor market, illegal dismissal has become commonplace. If you have been fired and you do not agree with the unfair decision of management, then it is better to file a claim with the judicial authorities.

The procedure for dismissal at will

To terminate an employment contract at his own request, an employee must submit a written application to management 14 days before the date of dismissal.

In this case, it is necessary to clarify in the application that you are resigning of your own free will. A resignation letter is valid only after it is received by the organization’s administration, and not from the moment it is written by the resigning employee.

The procedure for voluntary dismissal has many nuances and subtleties. If an employee finds a new job and he cannot work for 2 weeks, then there are two ways for events to develop.

• Firstly, the employment contract can be terminated by mutual consent of the parties.
• Secondly, if agreement cannot be found, the resigning employee may go on sick leave.

An employee can receive a work book on the day of dismissal.

If a work book is not issued for any reason, then this is a reason for the employee to go to court to protect his rights and interests.

If you find yourself in a similar situation, you can seek help from our legal advice. Our competent lawyers will answer all your questions and help solve the problem.

Unlawful dismissal by employer

If you were fired illegally and you want to bring your employer to administrative responsibility, then you need recommendations and advice from experts who know all the intricacies of this case.

You can collect documents and submit them along with the claim in person, but without knowing the legal framework, it will be quite difficult to win the process. In this case, the employer can accuse the employee of slander.

Competent specialists will help you draw up a statement of claim correctly and competently. At the same time, they will help to collect evidence and obtain a certificate of violation.

Often, unscrupulous employers resort to dismissal after he fails to pass certification. At the same time, the certification is planned in advance in such a way that the employee will not be able to pass it.

After which, the employer can calmly terminate the employment contract with the unwanted employee, citing a discrepancy in the level of qualifications. Unlawful dismissal by an employer can be challenged in court.

Dismissal under article

An employer often resorts to the practice of dismissing an unwanted employee under Article 192 of the Labor Code of the Russian Federation. The article is called “Disciplinary sanctions”. Using this wording, a person can be fired if he is late for work or has a reprimand or reprimand in his “piggy bank.”

Dismissal under the article is possible only if the employee does not fulfill his job duties, which entails disciplinary action.

The remaining reasons that the employer may provide are illegal.

The following must be attached:

• acts of lateness
• explanations for being late
• act of refusal if the employee does not want to write an explanatory note
• the reprimand must have the signature of the punished employee

The procedure is repeated every time you are late. If there is not at least one document that confirms the delay, then dismissal under the article is considered illegal.

In Russia, the reorganization of enterprises is allowed. According to the law, this procedure has specific legal...

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

Now there will be fewer of us...

Paragraph 4 of this article states that the manager, his deputies and the chief accountant can be fired when the owner of the organization changes. In this situation, only the above-mentioned persons can be fired. The new owner does not have the right to fire ordinary employees under this article.

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

When downsizing or downsizing, there are several groups of people who have the exclusive right not to lose their jobs. These people include breadwinners and people with long, uninterrupted work experience at a given enterprise, institution, or organization.

Inconsistency...

Another reason for dismissal is specified in paragraph 3 of Art. 81 of the Labor Code: “Inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results.”

To identify the incompetence of an employee, a special certification commission must be created, which, as a rule, includes the deputy director of the organization, a representative of the personnel department and the immediate supervisor of the subject. A special order is issued regarding its implementation. The subject is given a task that does not go beyond the scope of the job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be obviously impossible to complete, for example, in terms of deadlines, you can write a complaint to the labor inspectorate and challenge the results of the certification in court. A final report is drawn up on the results of the certification.

Dismissal is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer. This can be either a vacant position or work corresponding to the employee’s qualifications, or a vacant lower position or lower-paid work that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. If the employee refuses in writing all offers made to him, the employer may fire him.

Failure to comply...

An employee can also be fired for failure to perform official duties. So, according to paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the reason for dismissal may be “Repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction.”

The employee’s failure to comply must be repeated and without good reason. Moreover, the employee must already have been subject to disciplinary action.

According to Article 192 of the Labor Code of the Russian Federation, a disciplinary act is the failure or improper performance by an employee, through his fault, of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

comments, reprimand or dismissal for appropriate reasons.

To dismiss an employee on the basis of clause 5 of Art. 81 of the Labor Code of the Russian Federation, failure to fulfill labor duties must be:

a) repeated;

b) without good reason.

If there are valid reasons, the employee must put them in writing. And at the same time, the employee must already have a disciplinary sanction formalized accordingly.

Ivanov, late again!

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

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

If you had other extenuating circumstances, they must be stated in writing. Management decides how valid your reasons are.

If you need to be absent from work, write a statement in two copies, on which your management puts its “I do not object” resolution, date and signature. The first copy is with your superiors, keep the second one with you.

It's different when you're late.. “A single gross violation is also considered absence from the workplace without good reason for more than four hours in a row during a working day (shift).” That is, if you are an hour late for work, you cannot be fired on this point. However, for repeated lateness, a disciplinary sanction can be imposed and subsequently dismissed under clause 5 of Art. 81, as for repeated failure by an employee to fulfill his work duties without good reason.

Theft and embezzlement

Perhaps the most indisputable reason for dismissals is contained in subparagraph D, paragraph 6 of Art. 81 of the Labor Code of the Russian Federation “Commitment at the place of work of theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of a judge, body, official authorized to consider cases of administrative offenses.”

It is already clear from the text of the law that in order to dismiss an employee on this basis, a court decision or a resolution of an authorized official is necessary, i.e., an investigation must be conducted. However, in practice, an employee may be asked not to make noise, which in various circumstances can affect both the reputation of the employee himself (even if he is not guilty of anything) and the reputation of the organization itself. And here the choice is yours.

Unsuitability

Professional unsuitability is a discrepancy between the professional qualities of an employee and the position held. In other words, if an employee cannot cope with his duties, or copes below the established average level, such an employee may be professionally unsuitable for this position. What to do if you were fired for?

Be careful!

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

The Labor Code also provides that termination of an employment contract at the initiative of the employer may occur in other cases provided for in the employment contract with the head of the organization and members of the collegial executive body of the organization. And in each case, checks must be carried out to determine the legality of your dismissal. Thus, before signing an employment contract, carefully study it so as not to get unexpected “surprises”.

What is written with a pen...

What to do if, in your opinion, there is an illegal entry in the labor record? According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without legal grounds or in violation of the established procedure for dismissal, or illegal transfer to another job, the court, at the request of the employee, may make a decision to recover in favor of the employee monetary compensation for moral damage caused to him by these actions.

Moreover, if the court finds the dismissal illegal, the employee has the right to ask the court to change the wording of the grounds for dismissal to dismissal at his own request. In accordance with clause 33 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, if there is an entry in the work book about dismissal or transfer to another job that has been declared invalid, the employee, upon his written application, is issued a duplicate work book at his last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.

Due to the incredibly frequent requests for help regarding dismissal issues, we have compiled the TOP 7 important rules especially for job seekers - Dismissals under the article. Information was collected during 2013-2015. so that you can confidently communicate with your employer. If we helped you, please express your gratitude in the comments at the bottom of the page. We wish you a peaceful resolution of labor issues with employers. And professional success to your HR colleagues!

We have prepared more articles for you

Many employers often need to know how to fire an employee without his or her consent according to the law. Given the very stringent requirements of labor legislation, as well as the fact that very often employees, especially pensioners, do not want to quit, this can turn into a long and burdensome procedure in 2018, which also has many additional risks. Therefore, some employers end up even forced to operate to their own detriment, instead of looking for information on how to fire an employee under the law and without consequences. However, there is always a way out of this situation - after all, labor legislation protects the rights of not only employees, but also employers.

How to fire an employee without his desire according to the law in 2018

Situations in which an employer wants to fire an employee without his or her legal desire are extremely common in 2018 - some employees may carry out actions that are clearly destructive for the company, do not fit in with the team and spoil the work environment, or the need for dismissal may be caused by external circumstances. At the same time, very often employees take advantage of the fact of protection from the law and in every possible way prevent their dismissal. Therefore, in case of illiterate actions, the employer is either forced to endure their presence and incur certain costs because of this, or runs the risk of being held liable for illegal dismissal.

However, the law also protects employers by providing them with such tools to influence workers:

• This is the best option, as it will allow the employee not to receive negative entries in the work book, and will relieve the employer of possible claims. In this case, you can either convince the employee to write or draw up an agreement with him to terminate the employment contract - the second case provides for the opportunity to provide the employee with any guarantees and payments in accordance with the provisions of Article 78 of the Labor Code of the Russian Federation. However, not every employee will take such actions - if he is determined to remain at work at any cost, then it will be impossible to fire him in this way.
• Current legislation gives the employer the power to use disciplinary sanctions against employees, up to and including dismissal, for a certain list of offenses. At the same time, the range of grounds for dismissal is quite wide, so in many situations the employer has the opportunity to get rid of an unwanted employee if he does not follow instructions or grossly violates labor discipline.
• In cases where the main purpose of dismissal is to save the company’s finances, it may be a good option to dismiss an employee without his desire, according to the law, namely staff reduction. However, it should be remembered that this method requires strict adherence to procedural requirements and involves additional costs for the employer.
• If it is necessary to dismiss an employee who does not want to quit, having a probationary period will significantly simplify the dismissal procedure. However, given the nature of the dismissal, it is still necessary to take into account many features and nuances, without which it may be invalid.
• Repeated violation of labor regulations. If the employee has not committed grossly guilty actions due to which he can be fired immediately, then if there are several disciplinary sanctions, he can still be fired under the article.
• Inconsistency or insufficient . In some situations, an employee can be fired for unsuitability for the position held or due to insufficient qualifications.
• If an employee who does not want to quit holds a management position, he can be dismissed without other grounds when the owner of the enterprise changes. Sometimes employers even have to specifically resort to changing ownership in order to fire an employee who threatens the activities of the entire company.
• The employer has the right to independently change working conditions for individual positions or the entire enterprise as a whole, which makes it possible to place the employee in conditions that will make his further work simply unprofitable. And although the employee has the right not to agree to work under the changed conditions, the employer will have the opportunity to fire him, following a number of certain procedural steps.

There are some categories of employees who cannot be dismissed at the initiative of the employer under any circumstances. In particular, a pregnant employee cannot be dismissed even if she commits gross misconduct and guilty actions towards the employer. The ability to dismiss an employee who has a child under three years of age is also limited - if this employee is a woman or the only breadwinner.

Each of the above methods of dismissal has its own characteristics, advantages and disadvantages, as well as many nuances of the procedural design of the procedure, so you should consider them separately in order to know how to properly dismiss an employee according to the law in 2018 if he does not want to quit.

How to force an employee to resign at his own request or by agreement

In many situations, even conflict situations, if there is a need to get rid of an unwanted employee, employers simply do not know how to force the employee to resign of his own free will or convince him to stop working by agreement of the parties. At the same time, there are enough possible actions that can be taken to ensure that the employee makes the right decision, even when he is initially inclined to conflict with the employer.

The first step is to use polite language with the employee and find out why he does not want to leave and what actions the employer can do for the employee. This may be additional monetary compensation, arranged by agreement of the parties, drawing up positive recommendations, or other benefits that may persuade the worker to cooperate. However, it is not a fact that the employee will accept them.

Therefore, then the employee should be explained that he will not achieve anything by conflict, and the employer will have significant opportunities to “ruin” the employee’s life. In particular, it is necessary to notify him that a “bad” entry in the work book will significantly complicate employment. In addition, the employer may make a negative recommendation about the employee. But these methods of influence do not work on every employee.

In this case, the simplest tactic would be to use all the tools that the legislation provides. For example, to initiate recording of the employee’s working time, issuing all instructions to him in the form of written orders with acceptance certificates and recording each result or error in the employee’s activities in order to find another reason for dismissal. The employer may also need to resort to one of the methods outlined below.

It will be most convenient for an employer to dismiss employees if initially the employment contract stipulates the working conditions as clearly as possible, but with the possibility for the employer to make certain assumptions. For example, an employer has the right to set an employee a low salary or not to indicate a specific place of work within one locality - then he will have the right to deprive the employee of the bonus part of his salary, if such a possibility is provided for by local regulations, or transfer him from place to place without his consent .

In general, these methods of action are legal, but cannot guarantee one hundred percent results. Therefore, if they fail, other methods will have to be used. It should be noted that even voluntary dismissal can be challenged in court if it was carried out under duress. Therefore, the employer should properly record all its actions and the actions of the employee in the process of persuading the latter to resign. If the dismissal was carried out by agreement of the parties, then judicial practice demonstrates a minimum number of decisions in favor of the employee, since such dismissal is almost impossible to challenge.

Dismissal of a pregnant woman at her own request, as well as by agreement of the parties, is an exception. In this case, the court most often takes the employee’s side if the employer did not provide her with adequate compensation upon dismissal, comparable to the possible benefits that she would have received if she had remained at work.

How to fire an employee for gross violation

Current legislation provides a number of grounds on which an employee can be dismissed for a gross violation. However, the employer should remember that each such violation must be accurately and reliably documented in the manner prescribed by law. Gross violations that make it possible to dismiss an employee based on the single fact of their occurrence include:

This is an exceptional list of circumstances in connection with which it is possible to dismiss an employee without his desire according to the law in 2018 due to a one-time offense. In this case, the employer will be required to complete the following procedural procedures:

1. Begin an official investigation into the circumstances that occurred.
2. Demand an explanation from the employee.
3. Issue an order to dismiss the employee.
4. Provide the employee with a work book, funds due to him and a certificate of income.

In any case, this procedure can be challenged by the employee in court, and the judicial authorities place the responsibility on the employer to prove the validity of the dismissal. It should be remembered that in case of absenteeism for a good reason, the employee cannot be fired if the state of intoxication was not recorded by authorized persons - the employee also cannot be fired, disclosure of secrets or personal data must have all the signs of disclosure.

Notification of the employee and the issuance of all documents related to the dismissal must be carried out in the presence of witnesses and with their signatures about the transfer of documents to the employee and, if any, about the employee’s refusal to accept them.

How to fire for inadequacy or lack of qualifications

If an employee is not suitable for the position held or has insufficient qualifications, the employer has the right to terminate the employment relationship with him. It should be remembered that this basis for dismissal must actually exist and certain confirmation. In addition, the very determination of an employee’s qualifications and compliance with job requirements must be carried out in independent qualification assessment centers, and the employee has the right to challenge their decision.

You can read more about dismissal for non-compliance. However, the employer should take into account that fictitious dismissal for this reason will in any case be illegal. In addition, payment for services to confirm the employee’s qualifications will have to be made by the employer himself.

A mandatory step before dismissal on this basis is to offer the employee positions that suit his qualifications. It will be possible to finally terminate the relationship only if there are no such positions at the enterprise, or if the employee refuses to occupy them.

How to fire an employee without his desire according to the law by changing the terms of the contract

A common method used to legally fire an employee in 2018 is to change the terms of the employment contract. According to the law, the employer can make such changes only with the consent of the employee. However, a number of actions and situations allow changes to be made without the consent of the employee.

In this case, the employer only needs to notify employees 2 months in advance about changes in working conditions, including place of work, size or payment system, job responsibilities, in connection with the reorganization of production processes. The very fact of reorganization must also be confirmed by internal regulations. Employees who do not agree with these changes should be given the opportunity to take any other vacant position at the enterprise that suits their qualifications and health - and only after their refusal or in the absence of the designated positions, they can be dismissed.

How to fire someone during a probationary period

If an employee needs to be fired without his will during the probationary period, the provisions of the current legislation give the employer additional opportunities to carry out this procedure. In particular, he can inform the employee about his failure to pass the test at least three days before the actual dismissal. In this case, the employer in case of controversial situations must take into account the following nuances:

• It is the employer who must provide evidence confirming that the employee failed the test. In their absence, dismissal will be considered illegal.
• The employee must be legally on probation. And this period cannot be assigned to young professionals, pregnant women and minors.

Therefore, basically challenging dismissal during a probationary period is based precisely on the above two grounds. And it is the employer who should worry about the availability of all documents confirming both the legality of the probationary period and the validity of dismissal based on unsatisfactory test results.

How to lay off an employee without his desire

If it is necessary to lay off an employee without his desire, the employer has the right to do this in accordance with the standards of Article 81 of the Labor Code of the Russian Federation. It should be remembered that the employer has a number of responsibilities in connection with such dismissal:

• Advance notification of laid-off employees. Employees must be notified at least two months in advance of the upcoming layoff.
• Mandatory notification of all regulatory authorities. Namely – a trade union organization, an employment center.
• Providing severance pay to employees. It is paid at least in the amount of two months' average earnings of employees.
• Implementation of social guarantees in relation to certain categories of employees. These guarantees include both a complete ban on layoffs of some workers and the right of workers to preferentially remain in the workplace.
• Offer all vacant positions. The employer, as in many other situations, is obliged to provide those being laid off with the opportunity to find other vacant positions that suit them.

You can also read in more detail about the features of dismissal due to staff reduction, where all the nuances of this procedure are discussed.

How to fire an employee without his desire according to the law in 2018 - other nuances and features

If you need to fire an employee without his or her desire according to the law in 2018, there are also many other additional nuances and features that unscrupulous employees can use to keep them at work. In particular, regardless of the circumstances, the dismissal of employees who are on sick leave or on vacation is expressly prohibited. In this case, it is necessary to notify the employee in writing of the need to sign a consent to dismissal on a specified date, or to first require such consent from him.

An attempt to fire a pensioner without his or her wishes according to the law in 2018 may cause particular difficulties for an employer. In practice, there are no regulatory documents that would specifically regulate the procedure for dismissing or retaining pensioners at work. The exception is civil service of any nature - in this case, the maximum age at which an employee can hold a position is 65 years old and he will not be able to challenge such dismissal.

It should also be remembered that the dismissal of managers upon a change of ownership is permitted without any other grounds for termination of the employment contract. But it is necessary to understand that leadership positions in this context include only the immediate manager of the enterprise, his deputy, and the chief accountant.

In crisis years, managers of many companies begin to think about the need for reasonable savings, including on the payroll. Often, most of them resort to staff reductions. In addition, the realization comes that instead of two or three average-level specialists, it is better to hire one, but qualified one. In this light, many workers may be at risk of being fired. In what cases can an employer terminate an employment contract on his own initiative?

Grounds for legally dismissing an employee

An employer cannot simply refuse the services of any full-time employee, even if there is personal hostility towards him: the interests of employees are protected by the Labor Code of the Russian Federation. However, it is there that the head of the company can find a suitable article for dismissing his staff. In general, legal grounds for dismissal may include:

Violation of labor discipline

Despite the presence of this clause in the labor legislation of the Russian Federation, an employer can dismiss an employee only if the following violations are established:

• Being at work while intoxicated;
• Absenteeism or absence from work for more than 4 hours;
• Theft and embezzlement of company property;
• Disclosure of trade secrets.

It should be remembered that each violation must be supported by solid evidence. Otherwise, the employee will be able to appeal the manager’s decision in court and receive compensation for earnings and moral damage.

Some of the above points have hidden nuances. For example, if the employment contract does not specify working hours or the exact place of work, then it will be extremely difficult to catch an employee absenteeism.

If the employee submits a certificate of temporary incapacity for work, which also affects the hours of his absence from the workplace, then all claims against him become unfounded.

The same violation as being late cannot lead to immediate dismissal. Here the employer's procedure should be as follows:

• Establishing the fact of a violation and recording it;
• Request for an explanatory note from an employee;
• Formation of an order to issue an employee a warning, reprimand or reprimand.

If lateness is recorded again, then the same scenario is severely reprimanded. And only the third time the employer can legally fire the employee.

Staff reduction

If the company does not close, but only reduces the number of staff, then it turns out that instead of two or three employees, one is enough for it. When determining who exactly will remain to perform job duties, the employer must be guided by the following rules:

• When equivalent positions are eliminated, a more qualified employee remains in the company;
• With equal qualifications, preference is given to single mothers, pregnant women, sole breadwinners, disabled people, and employees studying at the company's expense while working.

All other personnel subject to dismissal are notified 2 months in advance and, if possible, are provided with another job within the same organization.

Business liquidation

If an enterprise ceases operations, then all its personnel are subject to dismissal. 2 months before the formation of the T-8 order, all main employees and part-time employees must receive notifications against signature.

After 60 days, the manager signs the dismissal order, and the employees are paid wages, compensation and severance pay. On the same day they receive their work books.

Position mismatch

At any enterprise, certification of employees is carried out within the prescribed time frame. If the commission reveals an unsatisfactory result, the employee must be offered to move to another, lower position. Only if he refuses, the employer can terminate his employment.

Nuances

Ignorance of labor legislation sometimes leads to workers not fully enjoying all their rights, in particular:

• When downsizing, many personnel officers invite employees to write a statement of their own free will, since this supposedly looks better in the work book. However, you shouldn't do this. Retrenchment is a reason provided by the employer and therefore he will be obliged to pay severance pay in the amount of 1-2 months' earnings;
• If an employer offers an employee another job and he refuses it, the employee is fired. At the same time, he retains the right to receive severance pay;

Sometimes the relationship between employer and employee ends. That is, the employee is dismissed. This can happen either at the request of the employee or at the initiative of the employer. How to fire an employee and properly prepare all the documents?

What are the options for dismissal?

Let's start with the fact that the law provides for three options for dismissal:

• at the initiative of the employer
• at the initiative of the employee
• by agreement of the parties

It is clear that the first option involves unilateral dismissal for some violations on the part of the employee, for example, systematic absenteeism, as well as in case of staff reduction. As for dismissal at the initiative of the employee, there is a statement of resignation of his own free will, which the employer is obliged to satisfy. And dismissal by agreement of the parties can be used if the employee is not satisfied with the employer, but he does not want to leave of his own free will, but there are no formal reasons for dismissal.

Dismissal by agreement of the parties

Termination of an employment contract by agreement of the parties is a quick and concise procedure. It occurs on the basis of Article 78 of the Labor Code and can be carried out at any time. By agreement of the parties, it is possible to dismiss even those employees who are on vacation or sick leave. To start the procedure, the employee must submit an application addressed to the manager, and if the initiator is the employer, then he sends the employee a proposal to terminate the contract. Then (if the parties have come to an agreement), an Agreement is drawn up, an order for dismissal is issued, and the entry in the work book indicates that the dismissal was made on the basis of clause 1 of Article 77 of the Labor Code of the Russian Federation.

Dismissal at the initiative of the employer

Various reasons may serve as grounds for dismissal of an employee at the initiative of the employer. For example, a desire to reduce company costs, staff reductions, employee inadequacy for the position held, or a change of owner. But the most common reasons for such dismissal are violations of discipline by the employee - absenteeism, showing up at work while drunk, being late and other violations. Now that it is clear why you can fire an employee, let’s figure out how to do it correctly.

Dismissal due to violation of labor discipline

Before punishing an employee for violating discipline, you should make sure that his employment contract clearly states the work schedule, place of work, and other points. This may seem strange to some, but there are companies that do not indicate a specific place of work, since the activities of the company and, accordingly, the work of the employees are related to the performance of duties at various sites that cannot be specified in advance when hiring a person. How to fire an employee for absenteeism if he works under such an agreement? No way, since the papers do not indicate a specific place of work. But if the working conditions there are clearly regulated, then if they are violated, the employer can bring the employee to disciplinary action. It is, of course, possible to fire an employee for a single violation of labor discipline. But only if it is serious enough.

For example, going to work while drunk (or under the influence of drugs), theft, embezzlement, damage (accidental or intentional) to someone else's property, disclosure of commercial or state secrets. It is also possible to be fired for absenteeism or absence from work for four hours. But if an employee is absent from work, before dismissing him, it is better to make sure that he does not have a certificate of incapacity for work. As for minor violations, such as being late, only disciplinary action is possible. In this case, the employer’s procedure is as follows:

1. detection of violations (this is done within the established time frame in accordance with Article 193 of the Labor Code)
2. recording this violation
3. obtaining an explanation from the employee regarding the violation (the employee must write an explanatory note regarding the violation)
4. issuance of a manager’s order to impose disciplinary liability (announcement of a warning, reprimand, reprimand)
5. bringing the order to the attention of the employee

If there is a repeated violation of discipline, then, as a rule, a severe reprimand is issued (such punishments are also associated with deprivation of bonus payments), and the third time the employee faces dismissal.

Dismissal due to staff reduction

If we are talking about staff reductions, the law clearly regulates the procedure and rules for dismissing employees. For example, when one of the equivalent positions is reduced, a more qualified employee should be left at work (provided that their social status is equal). And if the qualifications of the workers are the same, but their social status is not, then management does not have the right to dismiss: single mothers, the only worker in the family, an employee who was injured or mutilated at work, disabled people, veterans of the Second World War, labor and combat, mothers, having children under 3 years of age, pregnant women, participants in the resolution of collective disputes, as well as those employees who undergo on-the-job training from the enterprise. For those employees who are laid off due to staff reduction, management is obliged to notify them two months in advance and offer (if possible) another job. If an employee agrees to move to a new place of work, this is formalized by an internal transfer, and if not, then he writes a statement asking to be dismissed due to staff reduction and he is fired with all due payments.

Dismissal upon liquidation of an enterprise

If the enterprise is liquidated, then all employees are subject to dismissal. How to dismiss an employee during liquidation? First, you need to warn all employees two months in writing in accordance with Article 180 (Part 2) of the Labor Code. This applies to both main workers and part-time workers. A notice of dismissal is issued to each employee, and a second copy, completed for signature, is filed with the order. After two months have expired, the enterprise administration issues an order to dismiss employees in the T-8 form, pays severance pay, compensation for unused vacation and wages for the time actually worked. The calculation is made on the last working day, and a corresponding entry is made in the work book. In addition, employees dismissed due to the liquidation of an enterprise have the right to payment of average monthly earnings for the period of employment, but not more than three months. This rule does not apply to part-time workers, seasonal workers, or those with whom a fixed-term employment contract was concluded (for a period of no more than two months).

Inconsistency with the position held

The issue of compliance or non-compliance with the position held is decided by the certification commission of the enterprise. If the result of the certification, which is carried out at enterprises to check the professional suitability and qualifications of employees, is unsatisfactory, then the employee may be offered to move to another position. If he refuses, the employer has the right to dismiss the employee as unsuitable for the position held, but no later than two months after the certification. In case of dismissal, both the order and the work book indicate the wording “due to inadequacy of the position held and refusal to transfer to another position.”

Who can't an employer fire?

An employer cannot fire an employee while on vacation, regardless of what kind of vacation he is on: annual paid leave, parental leave, educational leave or unpaid leave. The only exception is the liquidation of the institution. You also cannot fire an employee while on sick leave. This applies to both essential workers and those who work part-time, as well as home-based workers.

In addition, there are certain categories of employees who either cannot be fired at the employer’s initiative, or it is quite difficult to do so. These include:

Category of workers	Measure	Exception	Norm
Pregnant women		Liquidation of an organization	Part one art. 261 Labor Code of the Russian Federation
Women with children under three years of age	You cannot be fired at the initiative of the employer	Liquidation of the organization; guilty actions of an employee	Part four art. 261TC RF
Single mothers raising children under the age of 14 or disabled children under the age of 18, as well as other persons raising such children without a mother	You cannot be fired at the initiative of the employer	Liquidation of the organization; guilty actions of an employee	Part four art. 261 Labor Code of the Russian Federation
Minor workers under 18 years of age	You can dismiss only with the consent of the labor inspectorate and the commission on minors' affairs	Liquidation of an organization	269 ​​Labor Code of the Russian Federation
Trade union members, elected trade unionists	You can dismiss under clauses 2, 3 and 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation only when taking into account the motivated opinion of the trade union	If the trade union does not submit a reasoned opinion within seven days	Part two art. 82, 373, 374 Labor Code of the Russian Federation
Representatives of workers participating in collective negotiations and in resolving collective labor disputes	Can be dismissed only with the consent of the body that authorized them to represent	Guilty actions of the representative	Articles 39, 405 of the Labor Code of the Russian Federation

Dismissal at the initiative of the employee

If an employee himself decides to leave the company, he has the right to submit a resignation letter of his own free will, regardless of what kind of employment contract (fixed-term or open-ended) he entered into when applying for a job. The application may indicate the reasons for dismissal (enrolling in an educational institution, moving to another area, caring for a child until he reaches 14 years of age), or it may not. In any case, to the question under which article to fire an employee, there is only one answer - under Art. 77 of the Labor Code of the Russian Federation.

In any organization, voluntary dismissal involves working for two weeks, but this period can be reduced by the employer. Upon expiration of the service period, a dismissal order is issued, which is delivered to the employee against signature, an entry is made in the work book and a full payment of wages is made. In addition, the employee is given all the necessary documents: salary certificates, copies of the order for transfer to another job (if any), the dismissal order, 2-NDFL certificate and other documents that the employee requests.

The voluntary dismissal procedure also implies the transfer of affairs to another employee, if necessary. For refusal to transfer cases in the prescribed manner, the employer can punish the employee, for example, by depriving him of a bonus, but cannot prevent his dismissal.

When resigning voluntarily, it is worth paying attention to the fact that the employee has the right to change his mind before the expiration of the dismissal period. In this case, he may withdraw his application and continue to perform his duties. But if another person has already been invited to take his place in writing and there is no possibility of refusing to conclude an employment contract, the dismissal remains in force.

How to fill it out correctly work book

The correct wording in the work book matters. So it’s a good idea to have a little cheat sheet on hand that will help you avoid making corrections in your document.

Clause and article of the Labor Code	Entry into the work book
Clause 1 of Art. 77	The employment contract was terminated by agreement of the parties, paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 2 of Art. 77	The employment contract was terminated due to the expiration of the employment contract, paragraph 2 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 3 of Art. 77	The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 5 of Art. 77	The employment contract was terminated due to the transfer of the employee, at his request, to work at the Limited Liability Company "LLC", paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 6 of Art. 77	The employment contract was terminated due to the employee’s refusal to continue work in connection with a change in the owner of the organization’s property, paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation The employment contract was terminated due to the employee’s refusal to continue work due to a change in the jurisdiction of the organization, paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation The employment contract was terminated due to the employee’s refusal to continue working in connection with the reorganization of the organization, paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 7 of Art. 77	The employment contract was terminated due to the employee’s refusal to continue work due to a change in the terms of the employment contract determined by the parties, paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 8 of Art. 77	The employment contract was terminated due to the employee’s refusal to be transferred to another job necessary for him in accordance with the medical report, paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation
Clause 9 of Art. 77	The employment contract was terminated due to the employee’s refusal to be transferred to work in another location together with the employer, paragraph 9 of part one of Article 77 of the Labor Code of the Russian Federation
Clause 11 art. 77	The employment contract was terminated due to a violation of the rules for concluding an employment contract established by the Labor Code, paragraph 11 of part one of Article 77 of the Labor Code of the Russian Federation
Article 71	The employment contract was terminated at the initiative of the employer due to an unsatisfactory test result, part one of Article 71 of the Labor Code of the Russian Federation
Clause 1 part 1 art. 81	The employment contract was terminated at the initiative of the employer in connection with the liquidation of the organization, paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer in connection with the termination of activities by an individual entrepreneur, paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 2, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer due to a reduction in the number of employees of the organization, paragraph 2 of part one of Article 81T of the Ore Code of the Russian Federation
Clause 3, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer due to the employee’s inadequacy for the position held due to insufficient qualifications confirmed by certification results, paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer due to the employee’s inadequacy for the work performed due to insufficient qualifications confirmed by certification results, paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 4, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer in connection with a change in the owner of the organization’s property, paragraph 4 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 5, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer due to the employee’s repeated failure to fulfill labor duties without good reason, paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation
Subclause “a”, clause 6, part 1, art. 81	The employment contract was terminated at the initiative of the employer due to absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Subparagraph “b”, clause 6, part 1, art. 81	The employment contract was terminated at the initiative of the employer due to the employee appearing at work in a state of alcoholic intoxication, subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Subclause “c”, clause 6, part 1, art. 81	The employment contract was terminated at the initiative of the employer due to the disclosure of state secrets that became known to the employee in connection with the performance of labor duties, subparagraph “c” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer due to the disclosure of a trade secret that became known to the employee in connection with the performance of labor duties, subparagraph “c” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer due to the disclosure of official secrets that became known to the employee in connection with the performance of job duties, subparagraph “c” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Subclause “g”, clause 6, part 1, art. 81	The employment contract was terminated at the initiative of the employer in connection with the theft of someone else’s property at the place of work, established by a court verdict that entered into legal force, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer in connection with the commission of damage to someone else’s property at the place of work, established by a court verdict that has entered into legal force, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Subparagraph “e”, clause 6, part 1, art. 81	The employment contract was terminated at the initiative of the employer due to the employee’s violation of labor protection requirements, which resulted in grave consequences, subparagraph “e” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated at the initiative of the employer due to the employee’s violation of labor protection requirements, which created a real threat of grave consequences, subparagraph “e” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 7, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer due to the commission of guilty actions by an employee directly servicing monetary assets, which gave rise to a loss of confidence in him on the part of the employer, paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 8, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer in connection with the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work, paragraph 8 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 9, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer in connection with the adoption of an unfounded decision, which entailed a violation of the safety of the organization’s property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 10, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer due to a one-time gross violation of labor duties, paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 11, Part 1, Art. 81	The employment contract was terminated at the initiative of the employer in connection with the submission by the employee of false documents to the employer when concluding the employment contract, paragraph 11 of part one of Article 81 of the Labor Code of the Russian Federation
Clause 1 part 1 art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the employee’s conscription for military service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the assignment of the employee to alternative civil service, paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 3, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, due to failure to be elected to a position, paragraph 3 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 4, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the sentencing of the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that entered into legal force, paragraph 4 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 5, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, due to the recognition of the employee as completely incapable of work in accordance with a medical report, paragraph 5 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 6, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, due to the death of the employee, paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 8, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, due to disqualification, which precludes the employee from fulfilling his duties under the employment contract, paragraph 8 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 9, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, due to the deprivation of the employee’s special right to drive a vehicle, which resulted in the impossibility of the employee fulfilling his duties under the employment contract, paragraph 9 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 10, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the termination of access to state secrets, paragraph 10 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 11, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the cancellation of the court decision to reinstate the employee at work, paragraph 11 of part one of Article 83 of the Labor Code of the Russian Federation The employment contract was terminated due to circumstances beyond the control of the parties, due to the recognition as illegal of the decision of the state labor inspectorate to reinstate the employee at work, paragraph 11 of part one of Article 83 of the Labor Code of the Russian Federation
Clause 12, Part 1, Art. 83	The employment contract was terminated due to circumstances beyond the control of the parties, in connection with bringing the total number of employees who are foreign citizens in accordance with the permissible share of such employees established by Decree of the Government of the Russian Federation of December 31, 2008 N 1099, paragraph 8 of part one of Article 83 Labor Code of the Russian Federation

Important points

In conclusion, it is worth saying that the dismissal of employees is a complex procedure that can bring a lot of problems to the employer if it is carried out with violations. This means that, for example, dismissal due to inadequacy of the position held can be challenged in court due to the lack of certification provisions in the organization or the employee’s job description. An employee can also be reinstated by a court decision if the dismissal for systematic violation of labor discipline was not preceded by bringing the employee to disciplinary liability. Therefore, all documents must be carefully checked and comply with legal requirements.