Such situations are often at the enterprise when the head is forced to dismiss the employee under the article. Legally, such a concept does not exist. According to the Labor Code, dismissal under the article occurs regardless of the reasons. The fact is that the use of certain standards as a basis for the removal of an employee from his post can have a very negative impact on his future structure. Let us further consider some of the labor articles on dismissal. 
Reduction or elimination
This is one of the reasons why dismissal can be made. Under Article 81, paragraph 4, only the chief accountant, manager and his deputy can be removed from office in the event of a change of ownership of the company. Other (ordinary) specialists of the enterprise, this provision does not apply. When staff is reduced, some categories of professionals cannot be removed from office by law. Such "inviolable" employees are those who have a long and continuous experience in this company or are the only breadwinners in the family.
Mismatch
According to the Labor Code, dismissal under article 81, clause 3 may be carried out due to incompetence with insufficient specialist qualifications, confirmed by the results of certification. A special commission is organized to identify the fact of non-compliance. It usually includes:
- Director of the enterprise.
- HR representative.
- The immediate superior of the subject.
Certification is confirmed by an appropriate order. The subject receives a task that does not go beyond the scope of his job description and corresponding to his qualifications and specializations. If the task, in the opinion of the specialist, is not drawn up in accordance with his duties, then the results of the certification can be challenged. To this end, a complaint is filed with the Labor Inspectorate within the time period specified by law and a lawsuit is filed with the judicial authority. Based on the results of certification, a final report is prepared. 
Transfer to another position
Dismissal under article 81 is allowed if it is impossible to send a specialist with his written consent to perform other professional tasks at the enterprise. This can be both a free, appropriate qualification of the employee, and a lower or less paid position, which can be performed by him taking into account his health. The employer in this case is obliged to offer all vacancies that meet the above requirements and are available in a particular area. The head is obliged to propose activities to be carried out in another territory, if this is expressly provided for in a labor, collective or other contract or agreement. The specialist may refuse the options provided. In this case, the manager may fire him.
Default
Dismissal under article 81, paragraph 5 has a number of features. In particular, the head can be relieved of his post if the former does not fulfill his duties several times without good reason, and a disciplinary sanction is imposed on him. The latter is allowed in the form of:
- reprimand;
- comments;
- dismissal.
If there are valid reasons for non-performance of duties, the employee must state them in writing. 
Absenteeism and lateness
A specialist may be absent for various reasons. If they are respectful, they must be confirmed by appropriate papers.For example, if an employee is sick, he provides a sick leave. If the reasons for the absence are disrespectful, then this is called truancy. All circumstances for which the specialist was not at work are stated in writing. The decision on recognition or non-recognition of them as valid is taken by the head. If there is a need to be absent from the enterprise, you must first write an appropriate statement. It is compiled in 2 copies, on which the director puts the mark "Do not mind." Delay is a bit more complicated. The absence of an employee at the workplace for more than 4 consecutive hours during a shift (day) will be considered as a single gross violation. Thus, if a specialist is late for an hour, then he cannot be dismissed for this reason. But in the case of repeated such violations, a disciplinary sanction may be imposed with subsequent dismissal.
Waste and theft
These reasons are considered one of the most indisputable of all the circumstances by which dismissal under article of the Labor Code can be carried out. When committed theft, petty including other people's property (in this case, belonging to the company or other employees), its waste, damage or destruction, established by the decision of the body or officials authorized to consider cases of administrative offenses, or by a court sentence that has entered into force, the specialist is released from the position held.
As can be seen from the text of the norm, an appropriate act is needed, which, in fact, is the result of an investigation. However, often in practice, management is condescending and offers termination of their own free will. The article in this case will be different. Theft or other serious violation can strike not only the reputation of the employee (even if he is innocent), but also directly to the enterprise. The consequences in such situations are almost always dismissal. According to what article to dismiss an employee from his post - the choice of leader. 
Drunkenness
The legislation notes several significant nuances to the dismissal procedure for this reason. In this case, a number of conditions must be observed. First of all, the fact of being intoxicated directly at the workplace, and not just drinking alcohol, should be recorded. Also, the reason will act as a significant circumstance only if the employee appeared at the enterprise in this form during the shift. Thirdly, intoxication is not only a condition after taking alcohol, but also any other that occurs when using narcotic or other toxic substances.
Loss of confidence
For this reason, only financially responsible employees can be dismissed. These include, in particular, those who have access to the money or other valuables of an enterprise, receive, distribute, store, etc. Such financially responsible persons may be:
- Cashier.
- Warehouse Manager.
- Accountant.
- Economist.
- Seller.
- Forwarder and so on.
Loss of trust may be the result of intentional misconduct or negligence, neglect of their duties. As with truancy, the employee’s guilt must be proven. Confirm illegal employee actions can memo, an act of audit or inventory.
Dismissal on their own: article of the Labor Code
This is the most common way to terminate a contract. Every day, many employees of their own free will or on the recommendation of superiors vacate the position in this way. However, from a legal point of view, it will always be dismissal at will. Article TC No. 80 governs this procedure. It is worth noting that it does not present such difficulties as in other cases.So, when an employee commits any disciplinary offenses, his guilt must be proved.
If the dismissal is carried out on their own, the article of the Labor Code of the Russian Federation requires only to observe the procedure by which the specialist is obliged to notify the employer 2 weeks before the expected date of departure of his intention. In general, the procedure for applying for dismissal in such cases is not difficult. As in other situations, an appropriate entry is made in the labor: "Dismissal under article 80". To begin this procedure, a specialist must write a statement. The employee has the right not to explain the reasons for his decision. Article TC "Dismissal on their own" does not bear any negative consequences. However, you should be prepared for the fact that when you move to a new place, the head of another company or representative of the personnel department will be interested in the reasons for this decision. 
Design Features
The dismissal procedure for the article should be carried out if there are documented reasons. In addition, the mandatory steps that this procedure includes must be followed. For each case, various stages are provided. However, in any situation, non-compliance with any of it can lead to negative consequences. In particular, the employee may appeal against the unlawful actions of the employer.
Evidence of fact
If there is any violation, this step is considered mandatory. As mentioned above, for dismissal due to drunkenness it is necessary to witness drunkenness directly during working hours, and not just the direct fact of drinking. Theft is proved in 3 stages. In particular, legislation requires documentary evidence of misconduct, as well as a decision or sentence. Only after this can be fired.
A warning
This stage also has its own characteristics, which depend on the reason why the employee quits. For example, upon liquidation of a company with the subsequent dissolution of the state, at any other change in the schedule of activities at the enterprise and a reduction in the number of employees, the employer must notify specialists 2 months before the date on which these events will be held. The same conditions shall be observed upon dismissal of an unskilled employee or upon unsatisfactory results of his certification. If an employee commits a violation (non-fulfillment of duties, absenteeism, non-observance of the company’s order, etc.), the employer must take a written explanation from him. After this, the manager has a month in order to impose a disciplinary sanction on the employee if the reasons are regarded by him as disrespectful. Only one punishment may be applied for each violation. If, for example, a remark was made for absenteeism, then it is impossible to dismiss an employee for the same misconduct. 
Specialist introduction
This stage consists in notifying the employee and presenting him with an appropriate order. The latter shall indicate the reason why he is relieved of his post, reason and date. Legislation requires the presence of a specialist’s signature on this document. In case of refusal to witness the order, an act is drawn up in the presence of witnesses.
Explanatory
The need for the availability of this paper has already been mentioned. The employer must ask the employee for a written explanation of his behavior. However, the law does not oblige the employee to write this paper. He has the right to refuse the tenant. Nevertheless, the lack of explanatory does not relieve him of disciplinary action. It will be made in any case 2 days after the presentation of the above requirements.
Order
Legislation requires the publication of two such acts.The first order must confirm the imposition of a penalty in the form of dismissal, and the second acts as the basis for termination of the employment contract. In most cases, the second edition is enough. All regulatory documents must be attached to this order. These include, in particular:
- Details of acts and reports.
- Explanatory (if any).
- Other papers that confirm the existence of a valid reason for the dismissal of an employee from his post.
Dismissal of his own free will (Article 80) provides, as a mandatory application, a specialist’s application. In this case, you do not need to write an explanatory note, you should only notify the employer of your intention in time.
Personal documents
The employer is obliged on the last day of the employee’s stay at his enterprise to issue his employee a work record. It should be marked accordingly. The record shall indicate the reason, as well as the article for which the dismissal was made. If the employee considers it unlawful, he can appeal the decision of the head. To do this, he needs to contact the labor inspectorate, court.
Compensation and Payments
They rely on what the dismissal article is worth. For child care, in the event of a reduction in staff, liquidation of a company, and on the personal initiative of an employee, a specialist is entitled to certain payments. In particular, he must be paid a salary for the time worked in the month of dismissal. The date of dismissal is the last day of work. The employee is entitled to payment for unused vacation, benefits. 
Employee Implications
They can be various and depend on that article which is specified in the work book. This can be the cause of various kinds of problems during subsequent placement at another enterprise. Conditionally, the reasons for dismissal are divided into three categories. Each of them provides certain consequences. Thus, the following articles are distinguished:
- Associated with the reorganization of the company. If the company complies with the law, the employee should be assisted in placing him in a new place. In this case, the consequences for him are only positive.
- Not indicated in the work book. For example, there may be a note that the employee dismissed the post on his own initiative, but in fact his serious misconduct simply did not receive publicity in order to avoid scandal. In this case, no special negative consequences are expected, but questions will arise when applying for a new enterprise.
- Indicated in the labor. They can significantly damage the reputation. But in some cases it is more advisable to be honest.
Appeal of the decision of the head
At employee dismissal without sufficient or legal basis for this, he has every right to appeal to the court. The authorized body, in turn, at the request of the employee may order the recovery of compensation for moral damage from the employer. If the actions of the manager are recognized as unlawful, the employee has the right to ask for a change in the wording of the reason for "dismissal on his own." In the same case, if the mark in the document is deemed invalid, a duplicate will be issued to him at the request of the employee. At the same time, all entries that were present in it are transferred to the book, with the exception of the one that was recognized as unlawful. The appeal procedure for a decision of the head is established in Art. 394. In addition to the court, an employee can apply to the labor inspectorate and initiate an internal audit at the enterprise for compliance with the law. As practice shows, such litigation does not happen so often. Typically, the dismissal of employees is made without conflict and noise.
