It is no secret that the relationship between the employer and the employee is not always cloudless. Conflicts can arise between the employer and the employee for various reasons and can develop according to the most unpredictable scenarios. As a rule, the culmination of any industrial or corporate conflict is dismissal. In addition, the conflict should not be considered as the main reason for dismissal, in the vast majority of cases, behind it is professional negligence and negligence.
The relations of the employee and the employer are subject to labor law and are regulated by the Labor Code. From the very name of this document, it is clear that it can help in the resolution of labor conflicts and avoid their development. But if circumstances so develop that one still has to resort to dismissal, then it is also worth remembering that the dismissal is regulated by law and involves a number of nuances. It is good if your company has a strong trade union leader and organization that can actively intervene in labor relations regarding the protection of the rights of the latter, if they are violated. Some, relying on their knowledge in the field of labor law, and somewhat exaggerating them, become victims of administrative arbitrariness.
The law provides that the dismissal at the initiative of the employer occurs on various grounds. At the same time, it should not be considered that dismissal is an act that only harms the employee; there are frequent cases when his dismissal becomes a blessing for both the employer and the entire work collective. So, the Labor Code of the Russian Federation sets forth the grounds that are designed to protect the interests of the employer and, in fact, protect him from negligent employees. Specific grounds on which dismissal is allowed on the initiative of the employer are provided for by Art. 81 of the Labor Code of the Russian Federation. This type of dismissal therefore received in everyday life the name "dismissal under article".
According to this article, an employment contract between an employer and an employee may be terminated if:
- liquidation of the enterprise;
- due to inconsistency of the employee's employee position;
- staff reductions;
- due to a discrepancy in the quality of work performed by an employee due to low qualifications;
- dismissal at the initiative of the employer is allowed when changing the owner of the enterprise;
- in case of repeated violation by the employee of labor discipline and the existing penalty;
- in a single, but gross violation;
- due to absenteeism (such is the absence of an employee at the place of work for more than four hours);
- when the employee appears intoxicated;
- when the employee commits theft;
- in case of violation of safety regulations during the performance of labor duties;
- in the case of the commission by the employee serving the values of the guilty actions;
- when committing an act incompatible with the norms of morality ;
The same article also provides for cases when the dismissal at the initiative of the employer of a higher organization or institution, the head himself:
- when making a decision that entailed material or financial damage;
- with a single, but such violation, which entailed serious consequences.
The dismissal procedure prescribed by law provides for the implementation of a number of mandatory actions on the part of the employer. First of all, the corresponding record must be correctly made, containing a reference to the rule of law in the work book. It is important to take into account and pay attention to the fact that the day of dismissal is considered to be a working day, and therefore this date should be indicated as the last day during which the employee performed his duties. The procedure also provides for the issuance to the employee, at his request, of a copy of the order, with which he should be familiarized by signature.