The content of the article
- Grounds for dismissal of an employee under the Labor Code of the Russian Federation
- Dismissal of an employee at the initiative of the employer
- Articles of the Labor Code of the Russian Federation
- Employee Dismissal Rules
- The termination of the employment contract at the initiative of the employer
- Who cannot be fired on the initiative of the employer
- Avoiding Dismissal
Sooner or later, each working person can expect a dismissal at the initiative of the employer, that is, under the article without payment of compensation. It’s not worth giving up on such life situations, on the contrary, it’s important to figure out how to act correctly within the law. The problem is grandiose, but first you need to find out the reasons for dismissal from work on the initiative of the employer and, perhaps, challenge them in the manner established by the court.
Grounds for dismissal of an employee under the Labor Code of the Russian Federation
Termination of an employment contract in such a situation should be lawful and legally justified. Otherwise, the employee can challenge his rights, sue both the immediate boss and the head of the entire organization. The reasons for the dismissal of the employee at the initiative of the employer may be explained in detail below:
- Medical contraindications do not allow to occupy the position assigned according to the employment contract, and the employee refused to transfer to another workplace according to indications.
- The person received a disability, partially lost his physical abilities, about which he provided a medical report with wet seals at the place of official employment.
- The employee partially lost his ability to work, and the employer does not have free places or a suitable job corresponding to opportunities that do not interfere with health.
- Complete liquidation of the enterprise, the need to reduce staff, no need for a part-time job or change of ownership in production. It is conceivable that the new director will retain the workforce, but this may not happen at will..
Dismissal of an employee at the initiative of the employer
The administration of the enterprise provides a number of potential reasons why it urgently terminates the employment relationship with the employee. Arguments for the employee are not always objective, but with knowledge of the laws and procedures, competent legal service of the enterprise, it is difficult to challenge them. If an employee feels that he is right, he is ready to defend his own interests, a direct road to the court with a lawsuit in the first person. To dismiss an employee on the initiative of the employer, good reasons are needed, which are worth discussing in more detail..
This procedure is not pleasant, but it should have good reasons for the employer or deputy to have a great desire to get rid of a particular employee. In the current legislation, each case is purely individual, but the procedure for dismissal at the initiative of the employer is one. Here are the reasons for the unexpected dismissal of an employee on the initiative of the management team:
- alcohol intoxication of the employee during the work shift, unwillingness to respond to the numerous comments of the head regarding the state of intoxication;
- systematic absenteeism in the workplace that does not have regulatory reinforcement;
- disclosure of trade secrets or employee non-compliance with corporate ethics with subsequent dismissal;
- theft of property of individual entrepreneurs, other criminal offenses that are prosecuted by applicable law;
- failure to fulfill direct duties, incompetence, mismatch of the position;
- non-completion of the probationary period, negative reviews of the manager about the work of a potential employee;
- gross violation of labor discipline, systematic absenteeism, violation of the charter of the enterprise, conflict situations with the head orally;
- damage to property, non-observance of safety measures, conflicts with the chief of labor protection.
Articles of the Labor Code of the Russian Federation
Article 81 of the Labor Code of the Russian Federation is precisely devoted to these issues of concern to the employer, and there are 18 good reasons why an employee can be dismissed at the initiative of the head. This legal document additionally provides reliable information about the laid-off severance pay, monetary penalties, other violations and the punishment thereof..
Employee Dismissal Rules
If safety regulations are violated, the head directs the finesman for re-certification or dismisses him. In the latter case, a written explanation, trial and further dismissal of the perpetrator are required, according to Art. 84.1 of the Labor Code of the Russian Federation. If the company is liquidated, the employee should be notified for 2 months, while retaining the right to receive compensation in the amount of a two-month salary.
Upon liquidation of the enterprise, the employer must notify of an impending wave of layoffs. This must be done in 2 months, and the specified period to pay wages and save the workplace. If, within 2 weeks, an employee, on his own initiative, enters the labor exchange and receives unemployment status, he is entitled to wages for the third month without the initiative of the employer.
Severance pay due to liquidation of an enterprise is paid in the amount of two minimum wages. According to the Labor Code, an employee is also entitled to payments of the third month, but provided that he has become an official unemployed person for an entrepreneur. Upon liquidation of the enterprise, payments are relied on if the collected commission or examination confirmed that there is no fault for what happened on the employee.
The termination of the employment contract at the initiative of the employer
If the responsibility for the incident lies with the employee, he may be charged with all financial waste. It is necessary to compensate for the losses, or the case is sent to pre-trial proceedings. A strict selection awaits the employee and, it is possible, inevitably dismissal, expulsion from the work collective of the enterprise. If the employee does not accept responsibility for the deed, his guilt through negotiations and the collection of evidence does not require official confirmation.
Who cannot be fired on the initiative of the employer
The employee, knowing that he is waiting for dismissal at the initiative of the employer, may demand the next scheduled vacation or compensation for it. Dismissal at the request of the employer does not threaten all employees, the following unprotected layers of the population fall under the protection of the current legislation:
- temporarily incapacitated workers who went on sick leave;
- maternity workers;
- disabled children;
- single mother;
- women who are supporting minor children.
If you are reprimanded and notified of the impending dismissal, the laws will contain a lot of points that will help preserve the workplace, especially in case of personal innocence. It would not be superfluous to take the initiative and apply to the trade union, which should protect working citizens from dismissal. Otherwise, it’s important to look for evidence of innocence and provide it to the employer..