The legislation provides the grounds on which the employer has the right to terminate the employment contract. They are established by Art. 81 of the Labor Code of the Russian Federation. Consider the norm in more detail.
Grounds
Dismissal under Art. 81 of the Labor Code of the Russian Federation is allowed with:
- Liquidation of an enterprise or termination of an individual entrepreneur.
- Reducing the staff / number of employees of the individual organization.
- Inconsistencies of the citizen with the work or position held due to insufficient qualifications, confirmed as a result of certification.
- Change of ownership of the property of the enterprise. This basis applies to Ch. accountant, manager and his deputies.
- Repeated failure to fulfill obligations by an employee without good reason in the presence of disciplinary action.
- A single gross violation committed by an employee.
- Committing guilty acts by an employee engaged in direct servicing of cash or commodity values. The termination of the contract in this case is carried out if there are grounds for loss of trust in the employee by the employer.
- Failure by an employee to take measures to resolve or prevent a conflict of interest of which he is a party , to fail to provide or provide incomplete information on income / expenses , material obligations, property available to him and his minor children and spouse, as well as availability / opening of deposits / accounts, storage of cash and valuables in foreign banking institutions located abroad, possession / use of financial instruments of foreign origin by an employee, his relatives CENI in cases established by the TC, the regulatory acts of the government and the president. This basis applies if these actions are the reason for the loss of confidence in the employee from the head of the enterprise.
- The commission by an employee performing educational functions of an immoral act incompatible with the continuation of work.
- Adoption of an unreasonable decision by the director of the company (unit), his deputy, Ch. accountant, if it entailed a violation of the safety of material values, their illegal use or brought other damage to the organization.
- Once gross violation by the director of the enterprise (representative office / branch) or his deputy of labor duties.
- Submission of false documents by the employee to the employer upon entering work and concluding an agreement.
- Other cases provided for in the agreement with the head of the organization, the collegial executive body, in federal legislation and other regulatory acts.
Gross violation of the employee
They are defined in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. Gross violations by the employee of their duties include:
- Absenteeism. Under it is understood the absence of the subject in the workplace during the day / shift or for four consecutive hours, regardless of their duration, without good reason.
- The appearance of an employee in a state of intoxication. It can be not only alcoholic, but also toxic and narcotic. In this case, the appearance of such a condition not only directly at the workplace, but also on the territory of the enterprise or facility where the citizen should fulfill his duties on behalf of the employer, will be considered a violation.
- Disclosure of information whose confidentiality is protected by law. This, in particular, is about state, official, commercial and other secrets, as well as information regarding the identity of other employees.
- Committing embezzlement ( including minor ), embezzlement, intentional damage or destruction of property at the place of performance of the production functions established by a court order that has entered into force, by an act of an official / body authorized to consider cases of administrative offenses.
- Failure by the employee to comply with the OT requirements established by the commission or official, if it entailed serious consequences or the threat of their occurrence.
Notes
Termination of the contract upon liquidation and reduction under Part 1 of Art. 81 of the Labor Code of the Russian Federation is allowed, in the absence of the possibility of transferring an employee to another job available to the employer, with the written consent of the employee. This may be a vacant post corresponding to qualifications, a subordinate or lower paid position. In this case, the health status of the employee must be taken into account. Tenant, in accordance with part 2 of article 81 of the Labor Code of the Russian Federation, is obliged to offer the employee all vacancies that meet the above requirements, available in the area. The manager must additionally offer work in another territory, if this is expressly established in the contract, collective agreement. Upon termination of the business unit located in a different area, the contract is terminated in the manner prescribed for the liquidation of the organization.
Nuances
Termination of the contract on the grounds established in clauses 7 and 8 of part 1 of article 81 of the Labor Code of the Russian Federation, when, as a result of guilty actions, the company's management lost confidence in the employee, the immoral act was committed outside the work or at the place of its implementation, but was not associated with the performance of duties, it is allowed no later than 1 year from the date of the violation. It is forbidden to terminate the contract during the period of vacation or stay on the hospital employee. The exception is cases of termination of the contract on the grounds established by paragraph 1 of Art. 81 of the Labor Code of the Russian Federation.
Liquidation of the company or termination of IP
This basis for termination of the contract provides for paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. The legislation does not clarify the concept of "liquidation of an enterprise". Accordingly, when applying the commented norm, it is necessary to be guided by the provisions of the Civil Code. Article 61, in particular, defines the procedure for the liquidation of an enterprise. It involves the termination of the company without transferring duties and rights in succession to other persons. The exception is cases defined by law. Termination of contracts with employees is carried out on the basis of a decision adopted at a meeting of company members. For the immediate dismissal, the fact of liquidation of the enterprise is important. If disputes arise regarding the reinstatement of employees at work, the defendant is proof of the actual termination of the organization. As for the individual entrepreneur, the corresponding decision can be made by him, by the court (in connection with the recognition of its insolvency). The termination of the IP can also be caused by a refusal to renew the permit to carry out certain activities, the expiration of the state registration certificate.
Abbreviation
Termination of relations with employees on the basis established by paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, subject to a number of conditions. In particular:
- Staff reductions have indeed been implemented. This fact must be certified by order and a new schedule. The latter is approved before the start of relevant reduction measures.
- The employee does not have a preemptive right to leave the state.
- The employee was warned of an impending reduction in at least 2 months. The notice must be in writing and provided to the employee for review by signature.
- In the process of considering the issue of dismissal, the elected structure of the primary trade union participated.
- There is no possibility of transferring the employee to another place with his consent.
Upon termination of contracts on the basis established in paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, when determining the employee's pre-emptive right to leave him at the enterprise, qualifications and labor productivity indicators are taken into account.
Employee mismatch
Art. 81, clause 3 of the Labor Code of the Russian Federation determines the reason for the impossibility of continuing a citizen's stay in the enterprise. Mismatch of the employee implies insufficient qualifications, which is confirmed by the results of certification. Assessment of the business qualities of the employee is carried out in conjunction with the analysis of other evidence with the participation of a representative body of employees of the enterprise. The procedure for certification activities is determined by federal law, as well as other regulatory acts in the field of labor. Termination of the contract in accordance with paragraph three of Art. 81 of the Labor Code of the Russian Federation is allowed provided that it is impossible to transfer an employee to another position with his consent.
Change of ownership
Termination of the contract under paragraph 4 of Art. 81 of the Labor Code of the Russian Federation is allowed with a certain category of workers. These, in particular, include the head of the enterprise, his deputies, as well as Ch. accountant. Other employees cannot quit due to a change of ownership. In this case, one nuance should be taken into account. Termination of relations under paragraph 4 of Art. 81 of the Labor Code of the Russian Federation is allowed if the change of ownership has occurred in relation to the property of the entire enterprise as a whole. It is impossible to terminate the contract with the officials mentioned above if the jurisdiction / subordination of the enterprise has changed without fulfilling the main condition.
Repeated default
In case of repeated violations of discipline, the termination of the contract with the employee is allowed if he has a penalty for previously committed misconduct. Sanctions are provided for the employee for failure to fulfill the obligations established in the rules of the order or contract. In the event of disputes over dismissal for violations, the head of the enterprise must prove that the misconduct was indeed committed and could become the basis for the termination of the relationship. In this case, the employer must comply with the deadlines specified in Art. 193 TC.
Single violation
Clause 6 of the commented norm establishes cases in which the employee may terminate the contract upon committing a gross misconduct once. The list of violations is considered exhaustive. At some enterprises, the activities of personnel are associated with confidential information. Dismissal for its disclosure is allowed subject to a number of conditions. In particular, the corresponding obligation must be established in the contract, specific information that is not subject to publicity is determined, the information was entrusted to the employee in connection with the performance of his duties.
Conclusion
Dismissal of employees should be carried out exclusively on the grounds established by law. In this case, the employer must comply with the rules and terms. In particular, the head of the enterprise must notify the staff of upcoming events in writing under the signature, issue an order / instruction. Equally important is the observance of the requirements of the law regarding payments to retiring employees.