What to do if dismissed under an article? This question is asked by many employees with whom the authorities want to end their official relations due to violation of labor discipline by the latter. In this case, everything will depend on why the manager decided to do so. It’s not always possible to dismiss a person from work under Article 81 of the Labor Code. Because there must be good reasons for this, documented. Otherwise, the boss cannot avoid problems with the law. You will learn more about this in the process of reading the article.
Small introduction
What to do if they are dismissed under Article 81 of the Labor Code? Terminating relations with an employee who is not performing his duties or appeared at the workplace in a state of intoxication, or has committed other guilty acts, is not as simple as it seems at first glance. That is why many heads of organizations offer to quit a delinquent employee of their own free will. After all, it is much easier both for the employee (he will need to look for a new job), and for the boss himself.
In the event that the manager wants to dismiss a subordinate under Article 81 of the Labor Code for guilty acts, he must first draw up the relevant act in the presence of two witnesses. This document will be a confirmation that the employee is in violation of labor law. After that, a written explanation must be taken from the offending employee. For example, if a person came to work in a state of intoxication or did not come at all, this should be documented. After this, the boss will be able to quite legally dismiss the latter under the article.
To the above
What to do if dismissed under an article? Is it possible to find a new job with a bad record in the work book? If an employee really grossly violated the discipline of labor or committed other illegal actions, and this fact was documented, then there is nothing left for him except to simply come to terms with the decision of the boss and start looking for work in another enterprise. Although every citizen who believes that his rights have been grossly violated, he can appeal to the court for protection. This must be remembered.
Finding a new job with a similar entry in the work book will not be very easy. Nevertheless, many citizens turn to relatives and acquaintances for help, who help them find a vacant position in a new enterprise and find a job. It all depends on the individual and his desire to work.
Most employers evaluate only business and do not pay any attention to the personal qualities of the employee. Although the situations are different.
For information
What to do if dismissed under an article? Is it possible to appeal against the actions of the leadership? In the event that the boss decided to unilaterally terminate the official relationship with the employee under Article 81 of the Labor Code, he must remember that he needs to do the following:
- draw up an appropriate act in which to fix the violation committed by the guilty employee;
- the above document must be executed in the presence of two witnesses (the same employees of this enterprise) and signed by them;
- from the guilty subordinate it is necessary to take an explanatory.
The dismissal order is made only after all the above actions have been completed. Otherwise, such termination of the employment contract can easily be declared unlawful in court.
Each employee has the right to write an application to the labor dispute commission, as well as to the labor inspectorate, and file a complaint with the prosecutor's office and the court. This is done if a person believes that the boss is illegally trying to fire him under the article and is looking for different ways to do this.
On practice
What to do if fired for an article? You can recover at work through the court. To do this, the citizen will have to prove in court that the head grossly violated the law and dismissal is unlawful.
In this case, you must remember that you must go to court no later than a month from the day you receive the work book or a copy of the order in your hands. Therefore, delaying the appeal of illegal dismissal is not worth it. Otherwise, the person will then have to restore the statute of limitations and only after that file a lawsuit for reinstatement.
In addition
In most cases, the court takes the side of the employee, not the employer. Indeed, quite often the heads of organizations use the legal illiteracy of employees and dismiss them in violation of applicable law. For example, during a reduction, some employers delay the payment of severance pay or do not pay it in full, and also do not offer available vacancies to employees. In this case, the dismissal at the initiative of the leadership will not comply with the law, which means that the former employee will be absolutely right if he goes to court.
What can be done
It's no secret that some people like to be late for work. Moreover, the latter themselves do not even notice how they systematically begin to violate the discipline of labor.
Can a boss punish an employee for being late? Of course yes. But many employers turn a blind eye to the lateness of an employee who does a good job. Although in such a situation, you can apply disciplinary action in the form of a remark.
If you were fired for an absenteeism, what should I do? Is it possible to recover at work? How to do it? Dismissal of an employee for absenteeism is possible if the following reasons exist:
- he was late for work for more than four hours;
- absence from the workplace without good reason.
In this case, the head is obliged to draw up an act in the presence of two employees, which would confirm the fact of the absence of the employee at the workplace. After the delinquent subordinate appears at the enterprise, it is necessary to take an explanatory note from him. After all, it is possible that the employee became ill, and he was in the hospital (must be confirmed by a certificate from a medical organization) or had an accident on the way to work (you need a certificate from the traffic police).
Therefore, if an employee was dismissed under the article for no reason, then he has the right to apply to the court for the protection of his interests. In the event that the boss terminated his employment with a citizen legally (due to absenteeism), the latter would have to look for a new job. In this case, nothing can be done. This must be remembered.
FAQ
If you want to fire an article, what should I do? This question is usually addressed to lawyers by citizens with whom the campaign management wants to terminate the employment relationship for no reason.
Immediately I want to say that an employee who does not have disciplinary sanctions has absolutely nothing to fear. Moreover, you should not write a statement of your own free will, even if the boss insists on it. In this situation, it is best to contact the prosecutor's office and labor inspectorate for the protection of their rights.
And if a person was reduced without severance pay and other jobs were not offered, what should I do?
Dismissed under Article 81 of the Labor Code without following the entire legal reduction process? So, you must go to court to protect your rights. In almost all such cases, justice is on the side of the former employee. After all, the rights of the latter were violated by the unlawful actions of the head. Although it will still need to be proved.
Nuances
So, if the employer fired under the article, what should I do? I would immediately like to say that getting a new position will be very difficult. Because at each interview, the applicant is asked the reason for his dismissal from the previous place of work. And if the new manager immediately becomes aware that the potential employee was expelled from his previous job, for example, due to absenteeism or immoral behavior, it is quite possible that such an employee will simply not be hired.
In this situation, many citizens go to the trick and start a new work book, referring to the loss of the previous document. Others, on the contrary, do not hide the fact of their dismissal under the article from the previous enterprise and begin work in the organization with a trial period. What is the best way to act in this situation, each person decides for himself.
Effects
If you got fired under the article, what to do next? This is the question that is asked of citizens who have been left without work in connection with the unfair performance of their duties.
As mentioned earlier, a former employee can sue the leadership of the campaign and try to reinstate. Indeed, in the event of dismissal under Article 81 of the Labor Code, finding a new job will be very difficult. Especially if a person does not have the necessary experience, education and knowledge, but there is a "bad" entry in the work book.
What are the consequences of dismissal under the article? Firstly, a person will not be paid severance pay, because in this case it is not provided.
The citizen’s reputation as a professional will be greatly damaged, and other employers will look at him with special suspicion (especially if the dismissal is connected with theft from the organization or damage to the company's property).
Therefore, you need to try not to conflict with the boss and fulfill all his instructions, as well as observe labor discipline and never be late. Then no problems will arise.
Important
And if they fired for a booze under the article, what should the delinquent employee do in this situation? Here it is immediately necessary to say that the boss has the right to terminate official relations with a subordinate on his own initiative, if the latter came to work while intoxicated. This is written in article 81 of the Labor Code. Nevertheless, the very fact of intoxication must still be proved. In this case, it is necessary to invite a specialist-narcologist and conduct a medical examination. Based on the conclusion received, the chief must draw up an act in the presence of two employees and only after that issue an order to dismiss the offending employee. It is impossible to dismiss a person without the help of a narcologist confirming the fact of intoxication. This is against the law.
In the event that the boss simply thought that the employee was drunk during work and he fired him, such actions of the leadership can be challenged through the court in order to be reinstated. No need to be afraid to protect your rights.
Conclusion
If they threaten to dismiss under the article, what should the employee do? How to defend your rights to the bosses?
In this case, you can try to file a complaint with the labor inspectorate or the prosecutor's office. This should be done only when the boss exceeds his authority and threatens to dismiss the employee without legal grounds.
Nevertheless, if the subordinate himself violates the discipline of labor, has a penalty, was noticed while intoxicated at the workplace, then he needs to try to correct himself and not come into conflict with the leader anymore.