When dismissing an employee, the manager cannot be sure that the story is over - a person fired under the article can go to court or simply cause damage to the company by leaking the customer base or valuable information. How to soften the procedure for dismissing employees.

Dismissal at the initiative of management always results in stress, wounded pride and painful experiences for the employee. It would seem that the director, having gotten rid of an employee who for some reason did not come to the court, should breathe a sigh of relief.

In fact, as usual, the coin has two sides - offended and irritated former employee can cause significant damage to the organization. Possible troubles are varied - from unpleasant stories about true face leaders in particular and organizations in general in business circles to tedious court proceedings. An offended employee can take revenge on the company by leaking the customer base to competitors or reporting tax authorities valuable and secret information.

But that's not all. If the dismissal was carried out rudely, the rest of the staff will be shocked, and many will begin to seriously think about their own prospects in the company and, perhaps, will look for a safer place to work. Employee loyalty and a healthy atmosphere in the team are an important component of the company’s success.

The above is enough to make it obvious that when dismissing employees, you need to try to make this unpleasant process as non-traumatic as possible for all parties. Let's try to understand how we can make the dismissal process as painless as possible and not turn fired employees into enemies. You can part with employees using several dismissal mechanisms. We will look at the most common ones.

At your own request

The method is the simplest and most beneficial for the parties. Do not show excessive cruelty, and invite the unwanted employee to write a statement “on his own” (clause 3 of Article 77 of the Labor Code). Talk to the employee kindly and explain to him that it is better for you to leave, since he has no prospects in your company, and his usefulness to the common cause is minimal. If you manage to understand each other, write good recommendations to the person leaving. If possible, give him a consolation bonus for striving for peace.

In this case, a kind attitude towards the employee is very important; there is no need to provoke conflicts in order to avoid many unpleasant moments. If you have already decided that this person will not work in your company, there is no point in angering him and making an enemy (see “”).

The situation becomes more complicated if the employee flatly refuses to resign due to at will. Do not give up trying to convince him of the inappropriateness of further cooperation, but do it very tactfully and without using prohibited techniques. Do not even think about insulting your subordinate or entering into open confrontation with him. Keep in mind that other employees are monitoring the situation and projecting it onto themselves. If you overdo it, you can provoke a revolutionary situation in the team.

Be patient and collect dirt on your subordinate: customer complaints, employee memos, violations labor discipline, miscalculations in work... Make comments in writing, issue orders of reprimands, call the offender to the carpet on every occasion. When you have enough trump cards in your hands, you will be able to substantively explain that with such a dossier, a stubborn person will not find good job. With this systematic approach he must surrender.

Create intolerant conditions for the employee - transfer most of his powers to another employee, do not increase his salary, deprive him of bonuses. We are not at all sure that all these Jesuitical techniques will lead to the desired outcome - an obstinate person can take countermeasures by complaining to the tax office, the court and a superior. Then your situation can become extremely uncomfortable.

Based on the certification results

Almost always, employees are fired due to their professional inadequacy for their position. The complexity of such dismissal lies in the need for certification, which can only be carried out in organizations where special Regulations have been developed. All employees must be familiar with the text of this document against signature.

There are no instructions in the Labor Code on how certification should take place and how its results should be summed up. The Certification Regulations, approved back in 1973, have still not lost force. According to this document, the manager has the right to approve the certification schedule at the enterprise or issue an order to conduct certification. Employees must sign that they are familiar with this order.

Qualification assessment is carried out by a special commission consisting of sufficiently qualified specialists who can authoritatively assess the level of those being certified. The results are presented in the form of an order. If an employee does not pass the certification, he should be given a chance to pass it again to avoid disputes in the future. After the second failure, offer him a less prestigious job in your company. Find a position that the employee will definitely not agree to. Make the refusal in writing and you can prepare a dismissal order.

Although a dismissal order alone may not be enough in this case. If before the certification the employee performed his duties well and did not have any penalties, he can challenge the dismissal in judicial procedure. The court almost always takes the plaintiff's side. When arranging a certification specifically to get rid of a specific person, follow the formalities. The disadvantage of this method of dismissal is the high cost and complexity of organizing this event.

For systematic violation of labor discipline

The employment contract always clearly states the start and end times of the working day, and any violation of the terms of the contract leads to penalties. Be sure to note on your timesheet all lateness (see “”), early departures from work, long lunch breaks, etc.

If violations have become systematic, create a commission and write an act. Request a written explanation from the employee. In case of refusal, draw up a report on this signed by members of a commission consisting of three disinterested witnesses, the immediate supervisor and a representative of the personnel department. If you make written comments every time you are late for work or a similar violation, in court you will have evidence that can convince the judge that your dismissal was fair.

For a one-time violation

The Labor Code interprets the following actions as a gross violation of discipline:

• showing up at work under the influence of alcohol or drugs;
• absence from work for a significant part of the working time without warning;
• disclosure of trade secrets;
• violation of safety regulations, which can cause serious consequences;
• destruction, theft or embezzlement of property.

Absenteeism for more than four hours and appearing drunk are the most common reasons for dismissal. Before you begin the dismissal procedure, make sure that the employment contract contains a clause on the location of the workplace, and that the job description is signed by the employee.

To prove the fact of appearing at work while intoxicated, a medical examination and written testimony of witnesses is required. You must reprimand the offender and record it in your personal file. Only after collection necessary documents you can hope that the drunkard will be fired, and the decision cannot be challenged in court.

If absenteeism occurs, that is, absence from work for 4 hours without warning, the employee can be fired even if the offense is a one-time offense. The reason for absenteeism can be considered valid if there is a fire or accident, a close relative suddenly falls ill, etc. An employee can be fired for absenteeism within one month from the date of the incident.

Peaceful dismissal

Of course, you can show integrity and fire an unwanted employee under the article, but think about the consequences of this action. You risk becoming involved in numerous legal proceedings with an uncertain ending.

If the court finds your actions unlawful, you will pay compensation for forced absence and will have to take back the dismissed employee. It seems to us that it is better to try to find peaceful ways to resolve the conflict (see “”). Invite the employee to write a statement of his own free will, explaining that you have enough information that can be used when leaving.

The employee loses nothing as a result of a lawsuit, but you will incur costs in attorneys' fees even if you ultimately win the case. Offer to the employee severance pay and disperse peacefully - it will be better for everyone.

08.05.2014 78320

Sooner or later, any manager is faced with the need to part with an employee. A correctly and timely dismissal procedure will save the company money, and the boss himself - nerves and time. But why sometimes, knowing that a break in relations is inevitable, do we postpone the decision for months?

The dismissal process can be divided into three stages: making a decision to dismiss, informing the employee, legal registration dismissals.

Making a decision

The decision to dismiss arises in the head of the manager at first unconsciously, implicitly and matures for some time. As a rule, from the moment the thought appears that an individual employee has no place in the company or department, months pass until the decision is made. Often managers delay dismissal because they are not ready to say it out loud. The most common reasons for such delay can be identified.

• “If I admit the need for dismissal, I actually admit that I made a mistake when I conducted the interview, I didn’t see it, I didn’t recognize it, I taught the wrong thing, I didn’t pay enough attention.”
• “I feel sorry for dismissing him; he has a difficult financial situation.”
• “It’s so frustrating to report this. I hope the situation will resolve itself."
• “Staffing problem! I’ll fire this one, but where is the guarantee that the next one will be better? Who will work?

All these reasons are a sign of excessive softness of the leader. By delaying making a decision, you deprive your business of efficiency and face the fact of lost profits due to the fault of a careless employee.

Managers sometimes believe that it is better to have a bad employee than none at all. The directors say: “I can’t get rid of this employee now, because the rest will have to work even harder, there are not enough people.” Of course, you need to choose a convenient moment to quit. But there will never be enough time, staffing, and there will always be a reason to say to yourself: “I don’t have time to interview candidates right now” or “Maybe he’ll come to his senses.” If bad employees do not want to improve, they need to be fired.

Perhaps right now there is a person working on your team whom you want to get rid of, but are delaying making a decision. Analyze the employee’s behavior by refuting or agreeing with the following statements:

1. The employee takes a lot of time, energy, money, and his performance does not improve. He does not (does not want to, cannot) fulfill the tasks assigned to him.
2. The employee shows disrespect for you and the team (customers, if the position involves communicating with clients).
3. Personally, you are uncomfortable working with this person; he is unpleasant to you.
4. The employee is disloyal to the company and does not share its values ​​and principles.
5. The employee is conflict-prone and regularly creates difficult situations.

If the answers are ambiguous, then give the person another chance. Give him the opportunity to improve within a certain time frame. If you agreed with 4 statements, decide to break up right now and set a date for the final conversation.

Informing an employee about dismissal

Often in the final conversation, the manager lists what the person did badly and gives negative examples. In such words lies an attempt to prove to both oneself and the employee that he really does not correspond to the position he holds. This is a serious mistake. When you voice mistakes or shortcomings, be prepared for the person to defend himself - this is a natural reaction. He may not show his resentment, but, leaving the office, at every opportunity will talk about your disadvantages and the problems of the company. Your task is to conduct the conversation so that the employee does not leave embittered and does not discredit the name of the organization.

The dismissal procedure should be an additional reason for feedback and be carried out according to the “plus-minus-plus” formula. Start a conversation with a list positive qualities employee, based on which you once hired him. Then explain why you are unhappy and what caused the dismissal. Finishing the conversation, once again highlight a few advantages that, in your opinion, are his strengths and will be useful to him in his new job. Any person has the right to understand why they want to break up with him.

When conducting the final conversation, it is better to be guided by the following rules. Talk to the person being fired personally and privately, be attentive and polite, but do not sympathize. Stay correct: voice only facts, not emotions. Give the employee the opportunity to speak, do not agree or challenge his words, just listen. Speak firmly, because the decision has already been made. End the conversation on a positive note - every person has something to praise for.

Legal registration of dismissal

It is important to fire an employee legally and without consequences. The Labor Code offers us several options; let’s look at the most common ones.

Classic option - at your own request(clause 3 of article 77 Labor Code RF). This method is the simplest for both parties: the manager invites the employee to write a letter of resignation in his own hand, the employee agrees. If he refuses to write a statement of his own free will, then you can sympathize with the manager, since he will have to try to force the employee to do it. Each remark must be accompanied by a reprimand and written documentation. When there is a sufficient amount of documentary evidence of the employee’s failure to fulfill his duties, you can talk again with the employee and invite him to voluntarily write a statement in order to avoid dismissal under the article. Most likely, after reviewing the documents and talking with you, the employee will write a letter of resignation of his own free will.

You can go the other way, namely, change the employee’s working conditions: transfer his clients and part of his powers to another employee, do not increase wages, and deprive him of bonuses. In this case, everything depends on the personality of the leader and his moral principles.

But these methods have their drawbacks - they incite war and affect relationships within the team as a whole. Angry, the fired employee may contact tax office, to court, to your competitors or to all at the same time, turning your existence into a nightmare.

Another way to break up - termination of a trade agreement by agreement of the parties(clause 1, part 1, article 77 of the Labor Code of the Russian Federation). This method is convenient to use when both sides are set to break labor relations. In this case, the date of dismissal is chosen taking into account their mutual interests, for example, when a replacement for the employee is selected or when he finds a new job. If you file a termination employment contract by agreement of the parties is legally correct, it is necessary to conclude a termination agreement, which must stipulate the date and conditions of termination. In real life, the parties agree on the terms of departure orally, and when the agreed date arrives, the employee writes a letter of resignation, and the entry in the work book is made on the basis of paragraph 3 of Article 77 of the Labor Code, that is, “at his own request.”

Opportunity dismissal due to failure probationary period must be provided in advance. The probationary period usually lasts up to three months, and during this period the employment contract can be terminated at any time. Please note that the probationary clause must be included in the employment contract and, preferably, in the order and application for employment. Otherwise, the employee is considered hired without a probationary period, and he cannot be fired on the basis of failure to pass the test. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the test subject early by warning him in writing no later than three days before the date of termination, indicating the reasons that served as the basis for recognizing the employee as having failed the test. IN in this case It is advisable to support the reasons with written evidence.

Termination of a fixed-term employment contract passes easily and simply after the expiration of the contract. In this case, the employer is not required to provide any justification for his decision. The only condition is that the employee must be notified of this in writing no later than three days before dismissal.

Dismissal based on certification results- a risky step, since in 90% of cases the court decision is made in favor of the employee, regardless of how well the employer’s documents are drawn up. If an employee cannot cope with his job responsibilities, then he can be dismissed based on the results of certification (in accordance with subparagraph “b” of paragraph 3 of Article 81 of the Labor Code of the Russian Federation). The company must have a Regulation on Certification, as well as an approved certification schedule or order, which is created immediately before the certification. The employee must be familiarized with all these documents in advance against signature. It is better for the head of the company not to be a member of the certification commission, since then the employee will not have the opportunity to file a complaint about disagreement with the results, which are issued in a separate order. If the results of the certification are unsatisfactory, it is necessary to give the employee time to correct it and re-certify him. If the results of re-certification are unsatisfactory, it is better to offer the employee another job, and if he refuses, you can safely fire him. Most often, such dismissal involves a conflict between the company and the person, and therefore this measure should be used only in extreme cases. If before the certification the employee did not have written comments or complaints from colleagues, then such dismissal is easily challenged in court, and in most cases the judge takes the side of the former employee.

If an employee is systematically late, then he can be dismiss due to non-compliance with labor discipline(Clause 5 of Article 81 of the Labor Code of the Russian Federation). The most important thing in this case is the clause of the employment contract, which clearly states the start and end times of the working day. In addition, the time sheet must record the time of arrival at work. If an employee’s tardiness is chronic, it is necessary to draw up a report of tardiness, and then require a written explanation from the employee on the basis of Article 193 of the Labor Code of the Russian Federation. If the employee does not want to write an explanatory note, he should draw up a statement of refusal and get the signatures of three other employees on it. If there are three written comments, you can issue a reprimand, after which you can safely dismiss such an employee. I would like to emphasize that if you want to fire an employee under an article, it is important to carefully prepare written documents (memos, comments, orders) so that in the event of a legal dispute you have strong evidence.

Despite the abundance of ways to part ways with an employee, the best is voluntary dismissal. Try to do everything possible to ensure that the employment contract is terminated precisely on this basis, regardless of the presence or absence of a conflict with the employee. The main thing for you is to avoid lawsuits that entail costs. In addition, there is a possibility that you will be forced to reinstate the employee during the trial. It is better not to bring the dismissal to trial and resolve the situation peacefully.

Sooner or later, any manager is faced with the need to part with an employee. A correctly and timely dismissal procedure will save the company money, and the boss himself – nerves...

How to fire an employee without massive disagreements and litigation? Also, so that the person does not become an enemy for the employer and the company?

In fact, dismissing an employee is not so easy, since a subordinate can sue, go over to the side of your competitors, or may surprise you with unusual surprises.

In any case, if a subordinate brings losses to the company, or copes ineptly with his job responsibilities, or is incompetent in his job, he definitely needs to be fired. And, as a rule, too often the employee is triggered by a feeling of pity that he will lose his job and income. And in this case, it is more advisable to calculate the funds that your company spends on a person who does not make a profit. These costs include not only wages, but also paid vacations, sick leave, stationery, training programs and other needs to ensure the employee’s workplace. The result will be a fairly round sum for the month, not to mention the annual expenses.

And here we are faced with the most pressing question of how to fire an employee?

From a legal point of view, there are several reasons for dismissal:

1. At your own request.

2. For non-compliance with the labor regime.

3. Based on the results of certification.

4. For repeated gross violations of internal regulations.

Let's take a closer look at the dismissal rules.

Ask yourself how to fire an employee at your own request. You can argue your opinion by saying that in this company, due to high competition, he will not be allowed to move up the career ladder. If this method produces some results, take the initiative and offer to give good recommendations to other employers. If your company is large, you can console him by paying him a certain amount if the employee decides to leave “quietly.”

The main thing in this situation is a good human attitude. There is no need to initiate a conflict, as your subordinate may refuse

However, if the employee does not want to “break up,” you must try to force him to do so. Avoid “forceful methods”, do not resort to insults or objections, otherwise the person may take a belligerent position.

In this situation, a careful individual approach is required. Collect incriminating evidence and customer complaints. Whenever possible, force them to write explanatory notes. Don't forget to document everything. When you have a certain list of documents, invite the employee to a conversation. In the most loyal form, say that you have every reason to fire him under the article. In such a case, the situation will cause him fear and he will be ready to write a letter of resignation himself.

Certification results

If an employee suddenly fails the certification, he needs to be given a second try. If the results are disappointing, you can refer to the unproductivity of his activities, offer him in another department of the company, or a position for which he would not agree.

For violation of labor discipline

We can say that this is one of the more convenient reasons for dismissal. Suitable if the employment contract clearly states the time of arrival and departure of the employee. The enterprise must have When an employee is in once again is late for work, convene a commission (of persons who would confirm the refusal) and an act of lateness, demand a written explanatory note and, based on the above documents, you can issue

For gross violation

To understand what it is, it is advisable to understand what actions are considered rude:

1. Walking.

2. Arrive at work in good condition

3. Disclosure of trade secrets.

4. Deliberate theft, destruction and disposal of company property.

5. Violation of safety regulations resulting in serious consequences.

The first and second actions are considered the most significant.

How to fire an employee? As you begin this process, make sure that warnings are documented, in your contract, or in your job descriptions. Familiarize the person with the rules again.

We hope that after reading this article you will not have any questions about how to fire an employee.

All issues related to dismissal in 2017 are regulated by Chapter 13 of the Labor Code of the Russian Federation. In particular, all prerequisites for termination of employment relations at the initiative of the employer are contained in Art. 81 Labor Code of the Russian Federation.

The article discusses the main reasons for such dismissal, the powers and procedures of the manager, which are relevant in 2017.

Reasons for dismissing an officially registered employee - is it possible to dismiss an employee who works under a work book?

Dismissing an employee without his consent limits the actions of the manager: desire alone is not enough.

The Labor Code of the Russian Federation contains a list of reasons for the cancellation of an employment contract and a specific procedure for each case. The main task is notify the subordinate in advance in the manner and within the time limits approved by law.

Absenteeism

If an employee was absent from work for a full day or more than 4 hours without justifiable reasons, the employer has the right to fire him for absenteeism (Clause 6, Part 1, Article 81 of the Labor Code of the Russian Federation).

This violation also includes:

1. dismissal at the request of the employee and termination of the agreement without timely warning superiors;
2. unauthorized use of time off;
3. going on vacation not agreed upon with management.

Within 2 days from the date of absence, the employee can write an explanatory note.

If he refuses, a document is drawn up recording the circumstances of his absence from work. It is signed by two witnesses. The truant's autograph is also desirable.

If he disagrees, he must write: “I refused to sign.” Eyewitnesses must sign the phrase.

If there are explanations, the employee must attach supporting documents to them.

Advice. The employment agreement must indicate the subordinate’s place of work. This will help to document his absence in case of absenteeism.

Failure to adhere to schedule

Being late by less than 4 hours does not count as absenteeism. In this case, the manager has the right only to reprimand or reprimand his subordinate for violating labor discipline.

If the daily routine is violated again, the director receives legal right fire an employee. This is permissible if the previous penalty has not yet been lifted, i.e. less than a year has passed since the first offense (Article 81, Article 194 of the Labor Code of the Russian Federation).

The same sanctions are provided for leaving work early determined by schedule time.

The fact of violation of discipline by an employee must be documented by an act. Otherwise, the punishment imposed on him is considered illegal.

Important! A disciplinary sanction can be applied to an employee within a month from the date of violation of the work regime. The period is extended for the duration of illness, vacation, time spent taking into account the opinion of the trade union body (Part 3 of Article 193 of the Labor Code of the Russian Federation).

Violation of labor discipline

Labor discipline refers to a list of rules established in the company and mandatory for compliance by all employees.

Their violations include:

1. failure to comply with safety regulations leading to an accident;
2. theft and damage to company property;
3. disclosure of trade secrets;
4. refusal of routine medical examination or training;
5. illegal actions;
6. failure to comply with orders from superiors and others.

The dismissal procedure according to the above criteria is similar to the actions of management in case of absenteeism: an act of misconduct is drawn up, and if there is evidence, an order to terminate is issued labor agreement.

Alcohol intoxication

To dismiss a worker who appears at work drunk, the following activities need to be carried out:

1. conduct a medical examination in the presence of an entrepreneur or a representative of an LLC;
2. draw up an act on the presence of a subordinate at the company in a drunken state;
3. issue an order for removal from office;
4. require an explanatory note;
5. write a report on the incident;
6. issue and register a dismissal order at the request of the manager;
7. draw up a settlement note (form T-61), familiarize the offender with the document for signature;
8. make an entry in the labor record, basis - paragraphs. 6 clause 5 art. 81 Labor Code of the Russian Federation;
9. hand out the book and record it in the Accounting Book.

Typically, employees seen working hours drunk, agree to resign of their own free will.

To avoid the above events, it is worth inviting the person to disperse peacefully.

It is easier to fire employees if it is an LLC or individual entrepreneur - the subtleties of the law are in the table

The procedure for canceling an employment contract at the initiative of the administration is regulated by the Labor Code of the Russian Federation. It has a similar algorithm for all organizational and legal forms.

The dismissal of employees of an LLC and an individual entrepreneur has some differences:

Indicator	OOO	IP
Workers	Hiring and dismissal without additional difficulties.	Registration in social insurance and pension fund as an employer, providing copies of employment agreements.
Severance pay	Must be paid	No obligation to pay
Reasons for cancellation of the agreement	Registered in the Labor Code of the Russian Federation	Special points may be described in the employment contract
Compensation upon dismissal
Notice of dismissal	In 2 months	The term is specified in the employment agreement

It is easier to fire an individual entrepreneur than an LLC employee, since the basic rules for terminating a contract: deadlines for notification, payments, etc., when hiring a citizen, the entrepreneur has the right to stipulate it in the employment contract with him.

Subsequently, this document will be the basis for the actions taken by the individual entrepreneur when dismissing an employee and will prevent legal and labor disputes.

The nuances of dismissal in LLCs and individual entrepreneurs - how to dismiss a pregnant woman, a pensioner, a single mother, etc.?

Dismissal without mandatory service

Termination of an employment agreement at the initiative of the manager is not provided for by law. In this case, the company administration offers the subordinate to resign from his position of his own free will - or to be dismissed under the Labor Code of the Russian Federation for violating labor discipline.

The situation has positive trends for both sides. The company will not look for evidence, formalize large number papers - and will lose an unwanted employee. He'll get it work book with a “good” article.

If the employee agrees, the agreement is terminated on the day of writing the application.

Dismissal without service is possible by agreement of the parties. The employer offers this to the employee for a certain compensation.

This is fixed written agreement. It records the date of termination of work and other conditions of dismissal. After signing a document, neither party has the right to refuse it without the consent of the other party.

Dismissal of an employee without notice

At the initiative of the superiors, an unwanted employee can be fired according to Art. 81 Labor Code of the Russian Federation.

The following reasons are most suitable:

1. Reduction of staff of a company or individual entrepreneur

This is a long and labor-intensive process.

The manager must perform the following actions:

1. adjust staffing;
2. notify the employee in writing against his/her signature 2 months before dismissal;
3. offer the subordinate available vacant positions that suit his specialization and health status;
4. issue severance pay (Article 178 of the Labor Code of the Russian Federation).

During layoffs, the administration often violates the dismissal procedure, so workers are reinstated to their positions with the help of lawyers.

Before dismissal, you should draw up a clear algorithm of actions so that the reduction does not seem “imaginary”.

1. Inconsistency between the position and the functions performed, identified during certification

Certification is underway. Based on its results, the commission makes a decision, on the basis of which the director issues an order. It reflects data on which employees did not complete the procedure and are subject to dismissal.

Employer is obliged to offer the employee other vacancies available at the company.

You need to carefully prepare for certification: appoint a responsible person, study the regulatory framework. It should be carried out throughout the organization, and not for an individual employee.

Dismissal during probationary period

If the test results are unsatisfactory, the employer has the right to dismiss the subordinate before the end of the probationary period. In this case, all details must be observed.

The employee must be notified in three days before the date of dismissal from office (Article 71 of the Labor Code of the Russian Federation). The manager must report the decision taken in the form of a written notification indicating the reasons.

If the employee refuses to sign the document, you should apply one of the following ways:

1. draw up a corresponding act in any form;
2. make a record of the employee’s disagreement to sign directly on the notification itself;
3. send a registered letter with notification and inventory to the employee’s home address.

Evidence of unsatisfactory work of a subordinate during the probationary period is:

1. reports from the immediate superior;
2. complaints from team members and clients;
3. acts of non-compliance with production standards and non-compliance with time standards;
4. written reports from the employee on completed assignments;
5. executed documents indicating a disciplinary offense.

Dismissal of a pregnant woman without her consent

According to Part 1 of Art. 261 of the Labor Code of the Russian Federation, an employer cannot work with a pregnant employee - even if she commits a disciplinary offense.

An exception is the liquidation of a company or termination of the work of an individual entrepreneur; expiration of the term of the employment agreement drawn up for the period of performance of the duties of the absent employee. In this case, the following condition must be met: the manager does not have the opportunity to provide her with another job until the end of her pregnancy.

Pregnancy confirmed by a medical document is the basis for canceling the previously established probationary period (Article 9, 70 of the Labor Code of the Russian Federation).

An employer may require a certificate confirming pregnancy no more than once every 3 months.

Advice. If an employee refuses to provide a document confirming pregnancy, including repeatedly, the ban on dismissal is lifted. It is necessary to justify the refusal with documentary evidence.

Forced dismissal of a single mother

A single mother cannot be fired without her consent if she is raising a child under 14 years of age. The same rule applies to single women who have adopted children.

Exceptions are noted in Art. 81 Labor Code of the Russian Federation.

Thus, an employer has the right to terminate an employment agreement with a woman belonging to this category if she has repeatedly received disciplinary sanctions due to misconduct that goes against the labor regulations.

The list of violations is given in the table:

Guilty	Comment
Improper performance of labor functions	Incorrect execution
Showing up to work drunk	Under the influence of drugs
Providing false papers to the director
Absent from work for more than 4 hours	Considered as truancy
Regular lateness	No valid reason
Immoral act	Does not correspond to the moral character of an employee in the educational or educational sphere
Publication of information	If it is a state or official secret
Intentional damage to the organization's property
	Including waste of funds

Also, a single mother can be fired during the liquidation of the company.

If she is a manager - then for a one-time violation of labor discipline.

Dismissal of a woman with a child under 14 years of age

If a woman raising a child under the age of 14 is a single mother, her dismissal is not allowed. Exceptions include cases of liquidation of the company or guilty actions of an employee.

If the mother does not have single status, then the employer has the right to dismiss her without her consent on all grounds provided for by the legislation of the Russian Federation.

Dismissal of a pensioner without his consent

The law does not establish any benefits upon termination of an employment agreement with this category of employees. The only advantage of people of retirement age when finishing their working career is that they are not required to work for 2 weeks.

Management can dismiss a pensioner for the following reasons:

1. liquidation of the company;
2. gross violation of labor regulations and norms of the Labor Code of the Russian Federation;
3. inconsistency with the position based on the results of certification;
4. guilty actions;
5. staff reduction.

Retirement age in itself cannot be a reason for dismissal.

The manager can fire a pensioner due to health reasons. In this case, a medical report confirming the diagnosis is necessary. The employer must first offer such an employee another position that he can occupy if he is ill. In its absence, the contract is terminated under clause 8 of Art. 77 Labor Code of the Russian Federation.

MagazineForbespublished on his website 10 ways to fire an employee, warning the reader that the moral and ethical side in some cases remains on the conscience of the employer. At the same time, questions arise regarding the technology of these methods of dismissal. In practice, of course, there are many more of them, but TP asked its experts to comment on the most popular ones.

Agreement of the parties (Art. 78 Labor Code of the Russian Federation). It is used in cases where the employer cannot find a suitable article in the Labor Code of the Russian Federation. Most often, the reasons for such dismissals are discussed face-to-face, but some cases become public knowledge.

Natalia Plastinina,

The grounds for separation are not bad, but in most cases they require additional material costs from the employer. Despite the absence in Art. 178 of the Labor Code of the Russian Federation, instructions for the payment of severance pay upon dismissal by agreement of the parties, many years of practice in resolving difficult situations in labor relations have shown that the employee agrees to such a “soft, smooth, but not included in his plans” separation only upon receipt of a certain bonus - compensation for termination of the employment contract. Since there is no obligation to compensate an employee upon dismissal on the grounds in question in the Labor Code of the Russian Federation, the amount of such compensation is determined only by agreement of the parties. In fact, the parties negotiate the amount of this compensation at the level of 2-3 salaries, taking as a guide the amount of severance pay in case of staff reduction. However, in special cases (dismissal of a manager at any level), this amount can be increased or, conversely, reduced (for example, when dismissing an unreliable employee who cannot be “caught” on other grounds for dismissal). Sometimes the parties agree to terminate the employment contract without compensation at all.

As a rule, such cases represent the dismissal of a truant or an alcoholic in circumstances where the employer was unable to obtain sufficient evidence of employee misconduct and, therefore, was unable to safely apply the grounds for dismissal appropriate to the situation (clause “a”, clause 6, part 1 Article 81 of the Labor Code of the Russian Federation and paragraph “b” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation). The most difficult thing to find agreement with is a category of employees especially protected by law, who cannot be dismissed at the initiative of the employer (during certain periods of their activity) - pregnant women, people with family responsibilities listed in Art. 261 Labor Code of the Russian Federation. These workers, being in a vulnerable state, are so afraid of losing a permanent job and not finding a new one that they refuse to enter into agreements to terminate the employment contract, despite the compensation offered, and if such an agreement is signed, they go to the courts to challenge them due to the defect of their own will .

Thus, in addition to the material side of the issue, this basis has another disadvantage - a high risk of a dismissed employee successfully challenging his dismissal. And practice knows cases where a court has declared an agreement to terminate an employment contract illegal due to the lack of the employee’s will to take this action. (as an example, you can study the appeal ruling of the Supreme Court of the Republic of Buryatia dated June 18, 2012 in case No. 33-156), in which the court, having carefully studied the agreement drawn up by the parties, came to the conclusion that there was no real will of the employee to terminate the employment relationship, but there was only a desire to transform labor relations (the agreement contained the employer’s obligation to rehire the employee in the future). In this regard, the court came to the conclusion that the dismissal was illegal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation (by agreement of the parties).

Conclusions: disadvantages of dismissal by agreement of the parties:

1. the employee may not agree to terminate the employment contract, despite the employer’s proposals favorable conditions termination;
2. in most cases, termination on this basis will require the employer to voluntarily pay compensation agreed upon by the parties in the agreement on termination of the employment contract;
3. practice records high risk challenging dismissal by agreement of the parties due to the employee’s defect of will. Cases of such agreements being declared illegal in judicial practice available.

Anna Ustyushenko,

The agreement of the parties is applied not when the employer cannot find a suitable article in the Labor Code of the Russian Federation, but when the employer soberly assesses the time and financial costs that dismissal “under the article” may entail, if the reasons for this are very transparent.

In my opinion, dismissal by agreement of the parties is best option termination of the employment contract. Firstly, it allows the parties to reach a compromise and remain satisfied with each other, secondly, it is the simplest to formalize, and thirdly, this dismissal is the most “viable” if it is challenged by the employee.

I offer my clients the following arguments that can help convince an employee of the need to sign an agreement to terminate the employment contract:

bringing to the attention of the employee information that the employment contract with him will be terminated, in best case scenario, the employee will be laid off. However, even a layoff is not a good reason to terminate an employment contract to demonstrate to a future employer. Agreement between the parties is another matter.

A potential employer will not see anything wrong with him;

• an agreement between the parties allows you to save the employee’s time, which could be spent, for example, when reducing numbers or staff;
• an agreement between the parties allows them to agree on the amount of “compensation” for dismissal, as well as the procedure for its payment.

Reduction of staff (clause 2 of article 81 of the Labor Code of the Russian Federation). An applicant for dismissal should be provided with a list of vacancies that correspond to his competence - for example, a similar position, but in a regional branch of the company. If the employee refuses to move, it is necessary to obtain a written refusal from him. The employer is obliged to notify the employee in writing of the layoff at least two months in advance and not to open a layoff position for a year.

Natalia Plastinina,Head of the Legal Support Sector:

1. When applying the above grounds for dismissal, employers still make many mistakes: they do not offer all suitable positions; fired ahead of schedule, defined in Part 2 of Art. 180 of the Labor Code of the Russian Federation; an employee is fired on time, but during his illness, which is prohibited by Part 6 of Art. 81 of the Labor Code of the Russian Federation; without waiting for the expression of consent to vacancies or refusal of them, they already issue a dismissal order; they do not care about the real basis for reduction; they do not approve a new staffing schedule in a timely manner; they incorrectly apply the provisions of Art. 179 of the Labor Code of the Russian Federation on the preemptive right to remain at work; mistakes are made in the standard preparation of documentation.

For these and other reasons, there is still a high risk of dismissal due to staff reduction being declared illegal and the employee being reinstated at work, which is confirmed by numerous judicial practices.

So, for example, in labor dispute the court concluded that the employee was dismissed before the expiration of the two-month period established by labor legislation from the date of notification of the upcoming layoff. In this connection, the court recognized the dismissal of the plaintiff employee under clause 2 of part 1 of Art. 81 of the Labor Code was illegal, reinstated the plaintiff in the organization in his previous position (decision of the Yugorsky District Court of the Khanty-Mansiysk Autonomous Okrug - Ugra (published on November 27, 2012).

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

Indeed, staff reduction is one of the methods of dismissal that requires strict adherence to procedures. The employee is notified in writing of the upcoming layoff 2 months in advance; during this time, he is required to be offered in writing any vacant or newly created vacancy, the duties for which he can perform taking into account his qualifications. It is important to offer not only similar positions, but also lower-level positions. But positions in other regions are offered only if this is stipulated in the collective agreement or other local regulatory act of the company.

We should also not forget about the preferential right to keep certain categories of employees at work.

Truancy (subparagraph “a”, paragraph 6, article 81). If an employee is absent from the workplace for the entire working day or for more than four hours in a row, dismissal occurs automatically. It is more difficult to fire an employee who is often late, but this is also possible if the start time of work is specified in the internal labor regulations, in the employment contract, and also in the collective agreement, if the company has one.

Natalia Plastinina,Head of the Legal Support Sector:

Let us immediately note that such a basis can never be expected from the average, moderately responsible employee. Lateness does not form such a basis for dismissal as absenteeism, since the employee’s absence does not reach 4 or more hours in a row. In addition, there is a high risk of incorrectly recording an event, incorrectly classifying absence as absenteeism, and incorrectly compiled documentation to form the basis provided for in paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation.

Disadvantages of applying dismissal on this basis:

low probability of the foundation itself;

high probability of errors in the dismissal procedure for the above reason;

high risk of challenging dismissal due to its injustice, illegality, as well as in order to eliminate an unseemly entry in the work book;

in those organizations where there is no full-time lawyer, and the management of personnel records is entrusted to the secretary, all of the above risks of erroneous actions by the employer increase significantly. The risk of reinstatement for a dismissed truant also increases.
As practice shows, regulatory authorities are also on the alert, inspecting employers and may recognize an order to dismiss for absenteeism as illegal. What was done in Altai Territory State Labor Inspectorate. As a result of an inspection carried out on the basis of a citizen’s appeal, the state labor inspector found that, in violation of Art. 193 of the Labor Code of the Russian Federation, the employer did not require a written explanation from the employee regarding the fact of absence from the workplace, did not provide evidence confirming the absence of the employee during working hours without good reasons, that is, he made mistakes in the procedure for applying the grounds for dismissal provided for p.p. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. At the request of the state labor inspector, the order of dismissal by the employer was canceled. For violation labor legislation the director was brought to administrative liability in the form of a fine.

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

Even if an employee was absent from work for the required amount of time for absenteeism, he can hardly be fired automatically. In any case, this will require strictly following the procedure established by Article 193 of the Labor Code of the Russian Federation. Otherwise, “automatic” dismissal for absenteeism may entail the reinstatement of the dismissed person with accrual of payment for the time of forced absenteeism.

Inconsistency with the position held (clauses 3 and 5 of Article 81 of the Labor Code of the Russian Federation). The employer has the right to change the employee’s job description by giving him two months’ notice. Then, additional agreements to the employment contract with the employee stipulate the conditions on the basis of which the indicators are considered unfulfilled. Indicator values ​​can be taken according to any schedule: once a week, month, quarter. If an employee fails to perform, he is reprimanded, severely reprimanded, and then fired.

Natalia Plastinina,: Clauses 3 and 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation are two different grounds. Basis of paragraph 3 -“inconsistency of an employee with the position held or the work performed due to insufficient qualifications confirmed by certification results” is difficult to achieve in practice due to the fact that this basis does not arise. To apply it, the employer will first have to approve a local act on certification (see Part 2 of Article 81 of the Labor Code of the Russian Federation) and give employees time to prepare. Create a commission. Correctly record the order of its implementation and results. Give ironclad arguments for the employee’s inadequacy for the position held. And after that...

Offer the employee another job at your own company! This is required from the employer by Part 3 of Art. 81 Labor Code of the Russian Federation. That is, all of the above actions may not lead to the end of the employment relationship if the employee agrees to be transferred to another position. Was the game worth the trouble?

Clause 5, Part 1, Art. 81 of the Labor Code of the Russian Federation offers a universal basis for dismissal - “repeated failure by an employee to fulfill work duties without good reason, if he has disciplinary action" There are some flaws in the scheme for changing job descriptions described by Forbes magazine: will the employee challenge these changes in the future? If, for example, you add to the job description of a building maintenance engineer the obligation to sweep 4 production workshops in the evening, I think the court will not recognize such a change as legal and justified. And will point the zealous employer to the correct landmark in this issue– ETKS. In addition, one should not forget about the employee’s pattern of misconduct, which may no longer form after the first punishment.

And although both grounds may be applicable, their difficulty in achieving and high risk of challenge does not make them popular.

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

In this case, a strange construction is described that has nothing to do with Russian law in general and with clauses 3 and 5 of Article 81 of the Labor Code of the Russian Federation in particular.

First, change job description- this is a change in the employee’s labor function, which is possible only by agreement of the parties. In this case, a warning of two or more months does not play a role.

Secondly, in order to sign any additional agreements to the employment contract, the employee’s will is required, without which agreements cannot appear. What if the employee refuses to sign additional agreements? He has the right.

Thirdly, in order to apply such a basis as inadequacy for the position held (clause 3 of Article 81 of the Labor Code of the Russian Federation), certification must be carried out; only a negative conclusion of the certification commission can become a reason for the dismissal of an employee.

Failure to comply with internal labor regulations (Article 192 of the Labor Code of the Russian Federation). Information about the smoking ban and the need to comply with the dress code should be specified in the internal labor regulations, which all employees sign when they are hired. You need to understand that it is not enough for an employer to simply indicate “observe the dress code.” He is obliged to inform his employees in writing what kind of clothing the management considers suitable for working with detailed description style and color of clothing.

Natalia Plastinina,Head of the Legal Support Sector:

Of course, there is no such basis in the Labor Code of the Russian Federation. However, there is a previously discussed basis, provided for in clause 5, part 1, art. 81 of the Labor Code of the Russian Federation – repeated failure to fulfill duties. Yes, indeed, an employee can be punished for smoking on the employer’s premises and for failure to comply with the dress code under the following conditions:

• the employer has all local regulations that document these requirements accurately and clearly;
• the employee is familiarized with the specified acts against signature.

If the employee violates the specified requirements for employee behavior, the employer must, in strict accordance with the requirements of Art. 193 of the Labor Code of the Russian Federation punish the employee. And only after the appearance of consistency (two or more violations during the year) will he be able to dismiss the employee under clause 5 of Part 1 of Art. 81 Labor Code of the Russian Federation.
In my opinion, the most optimal option for parting with an employee in terms of simplicity and validity among those proposed.

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

If in this case we are talking about termination of an employment contract on the basis of clause 5 of Article 81 of the Labor Code of the Russian Federation (repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction), then failure to comply with the dress code or the smoking ban are not the best reasons for dismissal because they are not related to work duties. Dismissal under clause 5 of Article 81 of the Labor Code of the Russian Federation is carried out when there has been a violation (non-compliance) with the provisions of the job description or employment contract.

Alcohol intoxication (subparagraph “b”, paragraph 6, article 81). A single appearance of an employee in a state of alcohol, drug or other toxic intoxication at his workplace on the territory of the employing organization or facility where, on behalf of the employer, the employee must perform labor function. But to use this method, the employer will have to provide the results as evidence medical examination employee.

Natalia Plastinina,Head of the Legal Support Sector:

To apply this basis, data from a medical examination (medical examination) are not always needed. The state of alcoholic or narcotic or other toxic intoxication can be confirmed both by a medical report and other types of evidence, which must be assessed accordingly by the court (clause 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2) Since in most cases a drunk employee flatly refuses to undergo a medical examination (including for the purpose of further challenging his dismissal), the employer will have to collect other evidence (including. , but not limited to):

1. report of being found intoxicated;
2. act of refusal of medical examination;
3. notice of giving explanations;
4. act of failure to provide explanations (drawn up after two days given to the employee for this);
5. etc.

As practice shows, with the correct and careful approach of the employer to the preparation of documentation in similar cases, an employee who shows up at work drunk cannot successfully challenge his dismissal.

Thus, in a dispute about declaring the dismissal illegal, the employer confirmed the fact that the plaintiff was intoxicated at the workplace with an act of intoxication; act of refusal to undergo a medical examination; protocol on administrative offense, explanations of witnesses. The court considered this to be sufficient evidence of the fact that the employee was intoxicated, and, therefore, sufficient grounds for terminating the employment contract under paragraphs. “b” clause 6, part 1, art. 81 Labor Code of the Russian Federation. Having not identified any violations during the dismissal procedure, the court refused to recognize the employee’s dismissal as illegal (decision of the Zheleznodorozhny District Court of Yekaterinburg dated 03/21/2012; determination of the Sverdlovsk Regional Court dated 06/21/2012 in case No. 33-7104/2012) .

But the most interesting question is different: will the employer wait for the employee to show up at work while intoxicated?

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

To fire an employee for coming to work while intoxicated, the results of a medical examination are desirable, but not required. An employee has the right to refuse to go to a medical facility. In this case, the employer has the right to confirm the fact of intoxication with an act that describes the signs of intoxication.

Disclosure of professional secrets (subparagraph “c” of paragraph 6 of Article 81). Disclosure of secrets protected by law (state, commercial, official and other) that became known to an employee in connection with the performance of his job duties, including disclosure of personal data of another employee, is a serious violation of job duties. At the same time, the concept of personal data is very broad, and theoretically you can be fired even for telling someone your colleague’s home phone number.

Natalia Plastinina,Head of the Legal Support Sector:

In accordance with the provisions of Art. 139 of the Civil Code of the Russian Federation, information constitutes an official or commercial secret in the case when the information has actual or potential commercial value due to its unknown to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret is determined by law and other legal acts. Persons who have obtained information that constitutes an official or commercial secret through illegal methods are required to compensate for the losses caused. The same obligation is assigned to employees who disclosed official or commercial secrets contrary to the terms of the employment contract, and to contractors who did this in violation of the terms of the civil contract.

According to paragraph 43 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, in the event of an employee challenging dismissal under paragraphs. “c” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the employer is obliged to provide evidence indicating that the information that the employee disclosed, in accordance with current legislation, relates to state, official, commercial or other secret protected by law, or to the personal data of another employee, this information became known to the employee in connection with the performance of his labor duties and he undertook not to disclose such information. It is with this evidence that the employer usually has problems. Before applying the grounds for dismissal provided for in paragraphs. “c” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, it should be clarified:

• whether the organization has local regulations defining information as a secret protected by law;
• whether the employee is familiar with these acts;
• whether he has undertaken not to disclose certain information;
• Did the information leak really come from this employee and how is this confirmed?

Remember: an ordinary employee may not know the provisions of regulations and laws of the Russian Federation. He may be legally completely illiterate. And only if he is familiarized by the employer with a local act based on legal norms, will he be recognized as aware that certain information is a secret. And it will be possible to punish him for disclosure only after he signs a non-disclosure agreement. But also the presence of everyone specified documents, as practice shows, does not minimize the risk of dismissal being declared illegal on the above grounds.

Thus, the court, considering a case with similar circumstances under consideration, considered that the employerno evidence was provided of violation by the employee of his job responsibilities, in particular regarding non-disclosure of trade secrets. The court indicated that the employer’s arguments are presumptive in nature and cannot serve as a basis for imposing a disciplinary sanction in the form of dismissal. Since there is evidence clearly indicating that the employee disclosed information related to trade secret company, is not in the case, the court recognized the dismissal under paragraphs. “c” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation is illegal and changed the wording of the grounds for dismissal to clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (at one’s own request) (decision of the Leninsky District Court of Perm dated 04/06/2012; appeal ruling of the Perm Regional Court dated 10/03/2012 in case No. 33-8900).

Changes in basic working conditions (Article 74 of the Labor Code of the Russian Federation). The employer has the right to change the work schedule or terms of payment by giving employees two months' notice. And here a huge space of opportunities opens up for the employer, and employees are forced to either agree with them or quit on their own. For example, an undesirable employee can be offered piecework wages, production can be switched to a 24-hour schedule, and then many employees will prefer to give up night shifts.

Natalia Plastinina,Head of the Legal Support Sector:

The provisions of this article are presented too rosyly. Employers should not be so optimistic about their rights. Firstly, Art. 74 of the Labor Code of the Russian Federation requires strict justification of the reasons for changing the terms of the employment contract with the employee. According to Part 1 of Art. 74 of the Labor Code of the Russian Federation, only “reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) are allowed.” Secondly, the employer will have to be ready to prove that the terms of the employment contract determined by the parties could not be maintained. Thirdly, under no circumstances does the law allow changing the employee’s job function.

Changing the terms of an employment contract has a strictly regulated process:

• written acquaintance with upcoming changes;
• written justification of the reasons for the changes introduced;
• offer of vacancies during the entire notice period;
• correct recording of all employee consents and refusals (from signing, from vacancies, etc.);
• dismissal no earlier than the expiration of the notice period;
• payment of severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

Not an easy procedure, right? In addition, it must be taken into account that the employee may ... agree to new working conditions. Or agree to take one of the offered vacancies. Then will it be necessary to look for another reason for separation?

Given the high risk of challenging dismissal on the grounds in question, it is worth considering choosing this basis for dismissal.
As an example of a successful challenge, you can familiarize yourself with the decision of the Koryazhemsky City Court in case No. 2-12, in which the court did not recognize that the employer had grounds for changing the terms of the employment contract and, therefore, the emergence of grounds for dismissal under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work due to a change in the terms of the employment contract determined by the parties). Pending the resolution of the dispute by the court, the defendant canceled his order and reinstated the employee at work).

Anna Ustyushenko,Partner, Head of Practice, Group of Legal Companies INTELLECT-S:

Application of Article 74 of the Labor Code of the Russian Federation is not possible in all cases. By general rule, changes in the terms of the employment contract (and wages and work schedule are essential conditions) are made only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). And only in the event of a change in technological or organizational working conditions, the employer has the right to apply the provision of Article 74 of the Labor Code of the Russian Federation and unilaterally change the terms of the employment contract, warning the employee about this two months in advance. It should be borne in mind that in the event of a dispute, the obligation to prove the fact of a change in technological or organizational working conditions lies with the employer.

Failure to fulfill labor duties (clause 5 of Article 81 of the Labor Code of the Russian Federation). Most often, the employer uses this wording when other legal methods of dismissal have already been exhausted or are not suitable. In this case, the employee may be given a task that is impossible to complete in terms of deadlines, and then required to provide an explanatory note about the reasons for non-fulfillment.

(see comment above - “Inconsistency with the position held (clauses 3 and 5 of Article 81 of the Labor Code of the Russian Federation”)

Unsatisfactory certification results (clause 3 of Article 81 of the Labor Code of the Russian Federation). The company must have a provision on certification, and the certification commission must include persons who have a professional understanding of the work of employees subject to certification. The commission reflects all decisions in the minutes. If the results of the inspection are unsatisfactory, the company has the right to dismiss the employee, but only after he refuses the offer offered to him in the same company new job with corresponding or lower qualifications and with lower earnings.

(see comment above - “Inconsistency with the position held (clauses 3 and 5 of Article 81 of the Labor Code of the Russian Federation”).

Natalia Plastinina,Head of the Legal Support Sector:

Carrying out a general analysis of the reasons presented by the magazine, we can conclude that each of them has its own disadvantages and entails certain risks. Even correct compliance with the dismissal procedure does not always entail recognition of the dismissal as legal and justified. Employers can be recommended to use the simplest grounds and legally regulated dismissal procedures in their activities. For example, dismissal for repeated failure to comply an employee without good reason for his work duties, if he has a disciplinary sanction (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation) or dismissal for the employee’s appearance at work (at his workplace or on the territory of the organization - the employer or facility, where, on behalf of the employer the employee must perform a labor function) in a state of alcohol, drug or other toxic intoxication (clause “b”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation).