Relations arising between citizens and their employers are regulated by numerous articles of the Labor Code. It is precisely on them that business owners should be guided if they plan to lay off employees for any reason. The termination of the employment contract at the initiative of the employer should be carried out only if there are good reasons.
Legislative regulation
In Art. 81 of the Labor Code prescribes the reasons for which the employer can dismiss officially employed persons. The basic rights of citizens are indicated here, so if there are no good reasons for terminating the relationship, then a simple termination of the employment contract at the initiative of the employer is not allowed. The norms that apply to certain categories of citizens employed at any enterprise are briefly described.
All reasons are divided into two large blocks, as for this there may be individual characteristics of a citizen. For example, violation of discipline in the enterprise or low qualification. The second part includes the nuances of the company, as it is always possible to restructure or close the organization.
Main reasons
The grounds for termination of the employment contract at the initiative of the employer are numerous. All options have their own nuances.
If a layoff is planned due to the need to change the direction of the enterprise, then the labor inspectorate and trade unions are involved in such a process.
Organization closure
This option is included in the grounds for termination of the employment contract at the initiative of the employer. Under these conditions, it can be carried out:
- liquidation of a company that has achieved the goal of work or in which conflicts have arisen between the founders regarding future activities;
- IP closure, since the work does not bring the desired profit;
- bankruptcy of an enterprise or individual entrepreneur.
Under all the above conditions, the contracts drawn up between the employer and all employees of the organization are completely terminated. The rights and obligations of the enterprise are not transferred to third parties. Therefore, all employees quit.
How do citizens quit when closing a company?
The termination of the employment contract at the initiative of the employer during the closure of the enterprise is carried out by sequential actions:
- a notice of mass dismissal is sent to the trade union 3 months before the procedure, which is indicated in art. 180 TC;
- 2 months before the process, a notice is sent to the labor inspectorate, and a special report is also sent here;
- A notice is also given to employees 2 months before dismissal;
- at the same time, an order is issued on the planned closure of the company and the dismissal of citizens;
- an order is issued on the appointed day;
- settlement with citizens under art. 140 and Art. 178 TC;
- the necessary entries are made in the work books of specialists.
If the basic provisions of the law are violated, then various sanctions may apply to the company.
Staff reduction
The company in the process of work can receive not only profit, but also losses. To reduce costs, organizations often have to decide whether to take advantage of staff reductions. The features of the termination of the employment contract at the initiative of the employer under such conditions include:
- a person who is subject to reduction must be offered another position, for which he takes into account his qualifications, experience, state of health and available skills;
- it takes into account which employees cannot be fired, since they have a preemptive right;
- with this dismissal, 2 months after the procedure, citizens have to pay money in the form of average earnings, which gives them the opportunity to look for work without difficulty.
With this reduction, inspections by the labor inspectorate or the Federal Tax Service are often carried out.
Layoff process while cutting
The procedure for termination of the employment contract at the initiative of the employer in case of staff reduction is divided into stages:
- if a massive reduction is planned, then a corresponding notice must be sent to the union;
- A notice to employees is submitted 2 months before the appointed date, and this document not only indicates the need to terminate the contract, but also must have information about the possibilities of transferring to a new position;
- if after the reduction a person cannot find a job, then the former employer pays for him two months average earnings.
If the reduction is massive, then often the union begins to object to this process. Sometimes it comes to a court where the necessity and feasibility of such a procedure are assessed.
The employee does not have the necessary skills
Often people get a job, for which they do not have the necessary skills and knowledge. In this case, termination of the employment contract at the initiative of the employer is required. After all, the owner of the company wants exclusively experienced and qualified specialists to work in his company.
Under such conditions, dismissal is allowed only after certification, the results of which are unsatisfactory for the enterprise. The procedure for conducting such a process is regulated by different laws of the Russian Federation for various categories of specialists. Also, enterprises themselves can issue special local acts, according to which the qualifications of employees are checked.
If there are really unsatisfactory test results, the company should offer the employee another place at work that is suitable for his level of knowledge and skills, which is indicated in Art. 81 shopping mall. If there is no such position at the enterprise or the citizen does not agree with the offer, then the employment contract is terminated at the initiative of the employee or employer, as the company management can offer the citizen to write a statement on his own.
Default
Everyone who takes a job should be aware of the need to fulfill their job responsibilities. They are listed upon employment by the owner of the company. If these requirements and obligations are not repeatedly fulfilled, then the termination of the employment contract at the initiative of the employer is often used. For this, the conditions are taken into account:
- failure to perform official duties should be repeated;
- instead of this condition, a permanent violation of discipline is allowed;
- certainly violations must be accompanied by the application of penalties to the employee;
- for various misconduct there must be several penalties, since only this on the basis of Art. 193 TC is considered the reason for the decision by the employer that the specialist is incompetent or does not meet the requirements of the company.
In order for such a ground for termination of the employment contract at the initiative of the employer to be truly justified and legal, it is required to record all violations with special acts or memoranda. An explanatory note from the employee should be attached to them. A sentence must be issued in order to issue a sentence.
Regular absenteeism
Termination of the employment contract at the initiative of the employer may be carried out with constant absenteeism on the part of the employee. This behavior of a hired specialist is a significant violation of discipline in the enterprise.
Dismissal is allowed if, without good reason, a person is absent from work for four or more hours. The procedure for termination of the employment contract at the initiative of the employer in this case provides for the following:
- an act is drawn up which indicates that the employee is absent from the workplace, and he is necessarily signed by two other employees;
- the head of this specialist forms a memorandum;
- after the employee comes to work, he is required to draw up an explanatory;
- if there are no good reasons for such behavior, then an order is issued on the basis of which the citizen is dismissed for this significant violation.
Most often employers resort to such cardinal methods after systematic work skipping by a specialist.
Identification of violations
If a person commits any illegal actions in relation to the company in which he is employed, then the termination of the employment contract at the initiative of the employer is allowed. The course work of any student on this topic contains information that any person should not only observe labor discipline, and also not allowed to perform various actions that lead to violation of the rights of others.
Forced dismissal can be used for various illegal acts:
- Coming to work while intoxicated or inadequate. Moreover, this should be confirmed by the testimony of other employees of the enterprise, and a medical examination can also be carried out.
- Theft of property owned by the company.
- The waste of the company’s funds, but the management of the organization should bring the citizen to justice by filing a lawsuit.
- The disclosure of confidential or commercial secrets of the enterprise, which becomes the reason that the organization suffered certain losses.
- Violated the rules of labor protection. Therefore, irreparable negative consequences arose, and often this often leads to a threat to the lives of other workers.
All such actions should be officially recorded.
Change of ownership
If the owner of the organization is replaced, then under Art. 75 TC, he has the opportunity to replace specialists working in senior positions. Therefore, he often leaves the chief accountant, director. In addition, other people working in significant positions are at risk.
Under such conditions, it is allowed to fire citizens only within three months after the owner of the organization is replaced. All dismissed specialists are notified in advance of the decision taken, and they are also provided with guarantees and benefits.
What documents will be needed?
The early termination of the employment contract at the initiative of the employer must be properly executed. Therefore, if the management of the company makes an appropriate decision, then it should be documented.
The package of documents includes:
- papers confirming that various illegal actions were committed by the employee, for example, absenteeism, drunken work or theft of property are documented;
- an order to dismiss a specialist in the form of T-8.
In the workbook of the employee is required to enter certain information, which includes the reason and date. Since dismissal by article is often used, it is necessary to indicate the article number in this document.
Process timeline
Termination of a fixed-term employment contract at the initiative of the employer must be made at specific times. For this, the reason for the implementation of such a process is taken into account. Therefore, information is important:
- if the company closes or employees are reduced, then each employee is notified of the upcoming process in 2 months;
- in case of poor certification results, the dismissal is realized within a month after the employer receives the results of the audit;
- if the owner of the company changes, then he is given three months to decide on the need to dismiss various citizens holding senior positions;
- if there are several penalties in relation to one employee, and he also grossly violates the rules of work at the enterprise, then from the moment of a new misconduct the employer takes a decision to dismiss within a month;
- if the employee is found to be stolen or violated by labor protection rules, but the decision is made after a court hearing or an assessment of a special commission.
Failure to comply with the deadlines may cause the employee to sue the employer in court to recognize his actions as unlawful and challenge such a decision.
Payments and compensation to citizens
The procedure for termination of the employment contract at the initiative of the employer suggests that under Art. 140 TC requires the head to pay citizens different compensations and payments. These include:
- if citizens are dismissed during the reduction or closure of the company, then they are assigned severance pay in the amount of the monthly salary;
- if the employment relationship with people in senior positions is terminated, the same payment is awarded in triplicate;
- other payments may be transferred if they are provided for by the employment contract or other local acts of the company;
- payments are not assigned if people quit as a result of unlawful actions or a violation of discipline.
Thus, each employer must take into account the need to pay different benefits and other payments to laid-off specialists.
The nuances of termination of various contracts
The contract may be concluded for an indefinite or strictly agreed period. Termination of each such contract has its own nuances.
If a fixed-term contract is terminated, then the employment relationship is terminated after the due date. It can be terminated early if the company is liquidated or violations are detected in the employee’s work. For this, the reasons specified in Art. 81 shopping mall.
Perpetual also terminated in the presence of good reason. Be sure to comply with the deadlines for providing notice to employees.
Who is hard to fire?
With a reduction or some other reason, some citizens cannot quit. These include:
- according to Art. 269 shopping malls are included in this list minors;
- pregnant women;
- women who have a child under three years old;
- people raising children alone, but the baby should not be more than 14 years old;
- citizens raising a disabled child;
- people in leadership positions in trade union organizations.
Such employees can usually be dismissed only at the closure of the company.
The dismissal of employees by decision of the employer may be for various reasons. Managers must comply with certain requirements and conditions, as well as the deadlines for providing notice and termination of the contract. You should understand all the rules of such a process in order to prevent violations of labor laws.