81 article of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employer in simple words

Labor relations between the employer and the employee arise on the basis of an agreement concluded between them. This document formulates the main provisions relating to the professional activities of a citizen credited to the enterprise, general characteristics of the position, conditions of payroll. It also sets out the obligations and rights of both parties. The contract also provides for the rules and grounds for termination of the employment contract by the employer. Consider this procedure in more detail.

General information

Termination of an employment contract by an employer may occur for various reasons. Among them are the improper fulfillment by the employee of his duties, and violation of discipline, and organizational changes in the structure of the enterprise. If the employee knows the grounds on which the head of the company can dismiss him, the conditions and rules for completing the procedure, he can prevent all kinds of abuses by the administration. The employer, in turn, can eliminate from his company an ineffective employee whose activities do not bring the expected result, and in some cases cause damage to the company. The grounds for dismissal under Art. 81 of the Labor Code of the Russian Federation, are not mandatory for the head. This means that after identifying certain defects in the employee’s activities, assessing their seriousness and the possibility of correction, the manager may not relieve him of his post.

81 article of the Labor Code of the Russian Federation

The dismissal of an employee from his post is considered as a restriction of his right to work. In this regard, it can be carried out solely on the grounds provided for by law. 81 article of the Labor Code of the Russian Federation lists the cases in which cooperation between the employer and the employee may be terminated. Some of the reasons given in the norm may apply to all employees. They are considered common cases. In paragraphs 4, 7-10 and 13, additional grounds are fixed that apply only to a certain category of employees. In particular, they apply to the chief accountant, employee performing educational functions, materially responsible person.

Classification

Employees to whom Article 81 of the Labor Code of the Russian Federation applies may be guilty and innocent. This separation depends on the presence of intent in the actions of the employee. In addition, the reasons for the termination of activity at the enterprise can be grouped into the following groups:

• Due to changes in the organization of labor.
• Associated with the individual qualities of a specialist.
• Caused by the intentional actions of the employee.

Organizational changes

Structural transformations, which provides for art. 81 of the Labor Code of the Russian Federation:

1. Staff reduction.
2. Liquidation enterprises / termination of IP activities.
3. Change of ownership.

Each indicated group has its own characteristics. They must be known to both employers and employees in order to avoid disputes.

Liquidation

This basis is provided for in paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. In the event of termination of cooperation with employees due to the liquidation of the enterprise, certain legally relevant facts must be proved. First of all, the company is excluded from the register. The procedure itself involves the complete cessation of the company without transferring its duties and rights to the successor. There is also a certain procedure for dismissal under Art. 81 of the Labor Code of the Russian Federation in the event of liquidation.The first requirement that the law makes to the head of the enterprise is to timely notify staff of upcoming changes. According to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation, the employer is obligated to notify employees at least 2 months prior to their dismissal. In this case, a notification is compiled for each employee. All specialists should be familiarized with it under their signature.

Important regulations

In the event of a threat of mass dismissal, the head of the company, taking into account the opinion of the trade union, takes all appropriate measures provided for in the legislation. The criteria for such ambitious procedures should be established in industry agreements. If such a document is not signed, then the general rules will apply. For a layoff, the criterion will be the number of employees for the calendar year. Dismissal during liquidation of state enterprises:

• From 5 and more people are held for 30 days.
• From 200 and more - 60 days.
• From 500 and more - 90 days.

Article 81 of the Labor Code of the Russian Federation allows for the dismissal of 1% of the total number of employees at an enterprise located in a region with a total number of employees less than 5 thousand people. The procedure is carried out within 30 days.

Payouts

When dismissed in connection with the liquidation, employees are entitled to severance pay. Their value is the average monthly earnings. In addition, the ability to receive salaries is retained by employees for the duration of their employment. However, this period should not exceed more than 2 months. In some cases, the payment of the average monthly salary can be continued in the third month, if such a decision is made by the employment center, and the dismissed person turned to the service within 2 weeks from the date of liquidation of the company and was not employed. Some organizations provide benefits for dismissed workers and provide guarantees. For example, they can be expressed in an increased amount of severance pay, assistance in getting a job, etc.

Headcount reduction

This basis is formulated in paragraph 2 of Art. 81 of the Labor Code of the Russian Federation. Here, as in the previous case, it is necessary to prove the existence of a number of facts. First of all, the decrease in numbers must be valid and justified. The reasons may be the introduction of new standards for the maintenance of technical equipment that are used by the employer. For example, according to previously existing rules, three specialists should monitor the work of mechanisms, and after their improvement - two. In this case, the head, for completely legitimate reasons, can relieve one employee from his post under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation. It is forbidden to arbitrarily reduce the number of employees due to the lack of sufficient funds to pay them salaries.

Documentary confirmation

The decrease in the number is reflected in the adopted staffing table. It is approved by an authorized person or body of the enterprise. The decrease in staffing in the new schedule will indicate a real reduction. This moment is of fundamental importance. If one unit is eliminated in one unit and the number of employees in another increases, the reduction will not occur, that is, the number of employees in the enterprise as a whole will not decrease.

Order

He should begin his dismissal while reducing staff. The narrative of the document outlines the objectives and goals of the event. In addition, the order should justify the upcoming changes in the staff. The administrative part of the document directly describes the fact of reduction. It may also contain information about specific vacant posts in certain units.In the same order, it is advisable to order the formation of a special commission, which will deal with a reduction in the number of personnel.

The composition of the authorized group should be determined, instructions should be made on making appropriate changes to the staffing table or preparing a draft new document. In addition, department heads should prepare lists of candidates to be fired. In the order, all administrative clauses should begin with the indication of the responsible executor. All actions should be stated clearly and clearly. It is also necessary to establish a specific deadline for the execution of orders. Activities for dismissal under Part 2 of Art. 81 of the Labor Code of the Russian Federation should be carried out after the liquidation of vacant places in the enterprise.

Disciplinary misconduct

In paragraph 5 of Art. 81 of the Labor Code of the Russian Federation provides for the possibility of dismissing an employee who has repeatedly failed to perform his duties without good reason. When using this norm, it is necessary to take into account the provisions of Art. 192-193 of the Code. Repeatability should be understood as a frequency of 2 or more times. For a disciplinary offense, the employer has the right to apply one of the following penalties:

1. Comment.
2. Rebuke.
3. Dismissal.

Sanctions that are not provided for in discipline regulations are not allowed. When imposing a penalty under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, it is necessary to take into account the seriousness of the offense and the circumstances of its commission.

rules

Before applying a penalty to an employee, the employer must demand a written explanation from him. If this document is not submitted within two days, an act is drawn up. The lack of clarification from the employee does not preclude the application of the penalty. Sanctions shall be imposed no later than a month from the date of detection of misconduct. This period does not include the absence of an employee at the enterprise due to vacation, illness, and the time required to take into account the views of the union. For each misconduct, only one penalty is applied. An order to impose a sanction is presented to the employee for review under the signature no later than three days from the date of its publication, with the exception of the time the specialist is absent from the enterprise.

Types of Violations

Disciplinary action in the form of dismissal may be applied for:

1. Refusal of an employee without good reason to perform duties in connection with the change labor standards. The ability to terminate cooperation unilaterally is due to the fact that, by virtue of the contract, the employee is obliged to fulfill the functions assigned to him and comply with the rules of procedure.
2. Evasion or refusal of an employee without good reason to undergo training during work, medical examination, exams on safety rules, labor protection, operating rules if this acts as a prerequisite for admission to work.
3. Unreasonable absence of a specialist in the workplace.

Gross Discipline

P. 6, Art. 81 of the Labor Code of the Russian Federation contains a list of gross violations, for a single commission of which an employee may be removed from office. This list is considered exhaustive. The grounds on which it is allowed to use Art. 81 of the Labor Code of the Russian Federation:

1. Absenteeism. It should be understood as the absence of an employee on the spot for 4 hours or during the shift.
2. The appearance in a state of intoxication (in a state of narcotic / toxic / alcoholic intoxication).
3. The disclosure of secrets protected by law (state, official, commercial and other), which became known to the employee due to the performance of his duties.
4. On-site performance theft, petty including embezzlement, intentional damage or destruction of property. Dismissal is carried out in such cases in the presence of a court sentence that has entered into force, a decision of the authority authorized to apply administrative penalties.
5. Violation of established health and safety requirements if it entailed severe consequences (catastrophe, accident, work-related injury) or deliberately created a real risk of their occurrence.

Dismissal under clause 6 of art. 81 of the Labor Code of the Russian Federation is considered a disciplinary sanction. In this regard, the procedure is allowed only with the application of the rules of Art. 193 of the Code.

Conclusion

Article 81 of the Labor Code of the Russian Federation, therefore, provides for several reasons on which an employee can be relieved of his post. When applying any of them, it is necessary to observe the established rules. In particular, this concerns the timely notification of employees of upcoming personnel changes.

When dismissing for reasons such as downsizing, liquidation of an enterprise, it is necessary to prove legally significant facts. In the first case, they relate to the appropriateness and validity of reducing the number of employees. In the second - the main thing is not to confuse liquidation with reorganization. In practice, in spite of the availability of a statement of legislative norms, there are situations when managers start mass layoffs during structural changes without terminating the enterprise.

Particularly noteworthy are provisions providing for the possibility of disciplinary action. In case of gross violations it is allowed to use paragraph 6. However, in this case it is necessary to assess the severity of the misconduct, to conduct an internal investigation. In some cases, it is impossible to understand the situation without the involvement of law enforcement agencies.