Relations arising in the field of professional activity are regulated by the Labor Code. Art. 81 of the Labor Code of the Russian Federation lists the grounds on which termination of the contract by the employer is allowed. The norm indicates both general and special conditions. Let's consider them in more detail. 
Commentary on Art. 81 of the Labor Code of the Russian Federation
The inclusion of all the reasons for which it is allowed to terminate the contract is considered appropriate and quite logical. First of all, it facilitates the practical implementation of legislative requirements. In addition, Art. 81 of the Labor Code of the Russian Federation contributes to the effective construction of a guarantee system for specialists upon termination of the contract. Normally, there are 13 bases.
Legal entity liquidation
One of the reasons for terminating the contract may be the decision of the founders to cease the existence of the enterprise. The concept of liquidation is explained in Art. 61 GK. In accordance with it, when a company ceases to exist, its duties and rights do not transfer to a successor. A decision on liquidation must be made in the manner prescribed by law. One of the key requirements of Art. 81 of the Labor Code of the Russian Federation advocates notification of personnel about upcoming events. In the event of liquidation, employees are notified no later than 2 months. before the expected start date of the procedure. The dismissal of staff, as a rule, ends before the commission, which is authorized to manage the ceasing of the enterprise. The liquidation is considered completed after making the corresponding entry in the register. Upon dismissal, employees are entitled to severance pay and compensation.
Termination of work of an individual
A citizen can carry out entrepreneurial activity without opening or at a registered IP. Commentary on Art. 81 of the Labor Code of the Russian Federation indicates that in the latter case, the contract may be terminated under paragraph 1 of the rule in question. The termination of the entrepreneur is carried out by his decision. The need to complete an activity can be caused by various reasons. For example, it may be its insolvency, refusal to renew the license, etc. If an individual did not have the status of an individual entrepreneur, then the termination of activity means the actual termination of work. At dismissal of employees all monetary obligations to them must be repaid. 
Staff reduction
This is the next reason for the dismissal. P. 2, Art. 81 of the Labor Code of the Russian Federation formulates a number of conditions that must be proved. In particular, it is necessary to confirm that:
- The reduction really happened.
- The employee does not have a preemptive right to remain in his place.
- A staff member falling under a reduction was duly warned about this for 2 months.
- When deciding on the dismissal was attended by representatives of the union.
- There is no possibility of transferring an employee (with his consent) to another position.
If in one department of the enterprise the number of employees decreased, and in the other - increased, then this will not be considered a reduction.
Employee mismatch
Such a basis is present in paragraph three of Art. 81 of the Labor Code of the Russian Federation. The employee may not correspond to the position or performed duties. The reasons for this are a state of health or insufficient qualifications. The latter circumstance must be confirmed by the results of certification. Upon termination of the contract due to the employee’s state of health, the employer must provide evidence that the dismissal was based on a medical opinion.The termination of the contract occurs, therefore, because the employee does not cope with the tasks due to poor health. If, for example, the employee performs his duties properly, and according to the results of a routine medical examination it turns out that this activity is contraindicated for him, the head of the enterprise should offer him a transfer to a suitable place. If the employee refuses, the employer has the right to dismiss him. If the reason for the termination of the contract was insufficient qualification, the manager must support his decision with the results of certification. It is carried out in the manner prescribed by legislative acts. 
The new owner of the property of the enterprise
This basis applies exclusively to certain categories of workers. These include:
- Supervisor.
- Ch. accountant.
- Deputy directors.
In the fourth part of Art. 81 of the Labor Code of the Russian Federation indicates that dismissal from office may be effected upon change of ownership of all property of the company as a whole. That is, in the event of a change in the subordination (jurisdiction) of the enterprise, if the owner remains the same, the termination of the contract under paragraph 4 is unlawful.
Disciplinary misconduct
They are provided for in paragraph 5 of Art. 81 of the Labor Code of the Russian Federation. Comments on the rule under review focus on the existence of penalties upon termination of the contract. The sanctions for disciplinary misconduct are:
- A warning.
- Rebuke.
- Dismissal.
P. 5, Art. 81 of the Labor Code of the Russian Federation focuses on the frequency of disciplinary violations. It should be understood 2 or more times. In addition, if sanctions in the form of reprimand or warning were not previously applied to the employee who violated discipline, termination of the contract with him will be considered unlawful. Disciplinary misconduct must be proven. When committing a violation, the employer must take an explanation from the employee. If it has not been provided within three days, an act is drawn up which is given to the employee for review by signature.
Gross single violation
For some disciplinary offenses committed once, dismissal may follow. P. 6, Art. 81 of the Labor Code of the Russian Federation formulates an exhaustive list of such cases:
- Absenteeism.
- Stay at the enterprise while intoxicated, including with narcotic, toxic intoxication.
- Disclosure of information that is secret, protected by law (commercial, state, etc.).
- Theft, intentional destruction / damage to property.
- Violation of safety requirements if this has caused damage or created a risk of its occurrence.
Absenteeism is the absence of an employee at work 4 hours in a row or throughout the shift. If the employee was seen intoxicated, it does not matter when this happened - in the morning or in the evening before the end of the day. It is possible to dismiss secrets protected by law only if the condition for the need to preserve it is provided for in the contract. The contract or its separate annex should also indicate which specific information cannot be disclosed. 
Another condition is that information related to secrecy should be known to the employee in connection with the implementation of official duties. Theft, embezzlement, intentional damage or destruction must be carried out in respect of property, the owner of which the employee is not. The fact of violation of the safety and health rules must be documented, confirmed by an authorized body or official.
Guilty acts
This basis applies to employees directly involved in the maintenance of material assets. If the guilty actions of the employee undermine the trust of the employer, then they may be followed by dismissal. P. 7 Art. 81 of the Labor Code of the Russian Federation, however, may be applied subject to the procedure provided for in Art. 193. This rule prescribes the conditions for imposing sanctions for disciplinary offenses.Here it is necessary to dwell in more detail on the order of termination of the contract post. 81 p. 7 of the Labor Code of the Russian Federation. Comments to the norm indicate that the termination of legal relations can take place if the employee performs guilty acts that undermine his credibility, only if his activity concerns the maintenance of material values. For example, ch. an accountant cannot be relieved of his duties on this basis, since he cannot be assigned the above responsibilities. 
Immoral act
Dismissal on this basis is permitted in relation to persons performing educational functions. An immoral act is incompatible with the continuation of the employee in his position. Termination of the contract on this basis is carried out with the preschool teachers, teachers and other persons employed in the field of education.
Making an unmotivated decision
According to Art. 81 of the Labor Code of the Russian Federation, for this reason, the contract with the head, ch. an accountant, a deputy director, if the ruling resulted in a violation, unlawful use of property or other material damage. In this case, a causal relationship must be established between the decision and the consequences. In addition, it is necessary to find out whether they could have been prevented if a different decision had been adopted.
Gross one-time breach of duties by management
This basis applies to the dismissal of the director and deputies of the enterprise, as well as branches and representative offices. It should be said that termination of the contract for the indicated reason with the heads of other structural units will not be lawful. With such employees, the termination of legal relations may occur under paragraph 6 of the article in question, if violations fall under the cases described in it. As for cases of gross non-fulfillment of obligations by the management of the enterprise, the law does not establish a specific list of them. Probably, these include violations that entailed grave consequences for employees or property of the organization. For example, it can be:
- Distortion of reporting data.
- Violation of the PTB.
- Abuse of authority or the use of official position for personal gain and so on.
Providing false papers / false information to the employer
In some cases, candidates for the position provide false information and documents containing distorted data. If it turns out that the information they had to provide is the reason for the refusal of employment, then such employees are subject to dismissal. For example, if the position requires special education, and the citizen has provided a fake diploma, then the contract is terminated under paragraph 11 of the 81st article. If information that has been distorted cannot by itself act as a reason for refusal of admission to the state, then exemption from work on the indicated basis is unlikely to be lawful. For example, the employee did not indicate the presence of children, provided the wrong address of the place of residence or presented a false diploma, the presence of which does not matter for the performance of duties.
Termination of admission to state secret
Dismissal may occur if:
- A non-disclosure clause is included in the contract.
- The execution of the work involves the use of information constituting state secrets.
- The grounds for terminating admission to such information are consistent with the provisions of the law.
When using this basis, reference should be made to Art. 23 Federal Law on state secrets. By the decision of the head, access to such information is terminated when:
- A single violation by the employee of obligations related to the preservation of information provided for in the contract.
- Recognition of an employee in a court of law as limited / fully incompetent, dangerous recidivist, his / her stay in the investigation / court for state and other serious crimes, and the presence of an outstanding criminal record.
- Permanent residence of the employee’s relatives abroad or preparation of documents for them to travel for permanent residence abroad of the Russian Federation.
- The presence of medical contraindications for the implementation of activities related to the use of information constituting state secrets.
Other cases
Clause 13 of Article 81 establishes that dismissal is allowed on other grounds provided for in the labor / collective agreement. The legislation does not contain a list and characteristics of other cases in which legal relations may terminate. In practice, they can be, for example, a delay in the payment of benefits, salaries, allowances, non-fulfillment of decisions of the constituent assembly, the formation of arrears to the budget, and so on.
