One of the most subtle, complex issues in terms of employee-employer relationships is the moment of separation. The laws clearly establish the rules for dismissing an employee on the initiative of the employer, but not everyone is guided by them. Often difficulties are felt by those who are dismissed: there is a suspicion that they infringed on their rights. If you know the current standards of the law and the rules by which the employee is dismissed at the initiative of the employer, the Labor Code in the articles governing this area, you can verify compliance with the law and competence of the event and defend your interests. In case of violation of the procedure, the employee has the right to contact a specialized state institution where he will be helped to protect himself.
Legality comes first
In many respects, compliance with the legislation on labor relations determines the stability of the country as a whole. The main guarantor of protection of interests is the state, which allows both the employee and the employer to be confident in the ability to defend the established preferences and the possibilities declared by regulatory enactments. In particular, the laws spell out when and how the dismissal of an employee on the initiative of the employer is not allowed, and when the procedure can be done and how you will have to pay for it.
All by the rules
In the TC, standards are prescribed that subordinate the relationship between the employer and the staff hired by him. It is generally accepted that the position of the owner of a company is much more advantageous than that of any of the hired workers, therefore, laws are built in terms of the need to ensure the protection of rights, primarily of the state of enterprises. Most carefully in normative acts, the possibilities of dismissing an employee on the initiative of the employer are considered. The Labor Code of the Russian Federation also declares certain rules regarding a situation where a person himself shows a desire to quit and when circumstances arise that provoke such an outcome. But the employer, having good reason for dismissal, should not wait for the initiative of the employee or “by the sea of weather”: the laws spell out the reasons that make it legal to leave someone hired. If there are reasons for the dismissal of the employee on the initiative of the employer, the consent of the hired person is not required, but you will have to follow the procedure, exactly following the letter of the law.
Important Features
Relatively recently, the TC in the articles that talk about the aspect under consideration has been adjusted. In comparison, for example, with a decade ago, the employer now has much more opportunities, but the list of situations where it is not allowed to dismiss an employee on the initiative of the employer has been reduced.
First of all, to get useful information on the topic, you need to familiarize yourself with the most current version of the 81st article of the TC. It has two categories of standards. One is dedicated to the guilt of the employee, on the basis of which the employer has the right to part with the negligent representative of the staff. The second is situations where the employee is not to blame, but circumstances are encouraging dismissal.
Guilty, I admit
According to the Labor Code, the dismissal of an employee on the initiative of the employer is allowed if the employed person, without any substantial reason, has not fulfilled the obligations laid down in him and declared in the labor agreement.This fact should be documented every time a situation arises. It is permissible under the law to part with such an irresponsible worker, if the violations were repeated many times so that the term “repeated” could be used with respect to them.
When is the hired person still the person guilty of the conflict? The dismissal of an employee on the initiative of the employer is allowed, taking into account the recognition of the root cause of the behavior of the employed person, if he didn’t show up for work, he skipped the day without good reason. Also, a reason may be a violation of discipline in both aspects of production and labor. It is enough to rudely violate the rules once, and an order to dismiss an employee on the initiative of the employer may already be issued. An additional document is drawn up to the document, where all the features of the situation are prescribed, and the veracity of the information is sealed with the signatures of several staff representatives. The order must make reference to the act.
What else is guilty?
It is allowed to dismiss the employee on the initiative of the employer if the employee allowed himself to appear at work in an inadequate condition, being influenced by narcotic, toxic, intoxicating substances, including alcohol. The physical condition of colleagues is assessed, and the fact is confirmed by drawing up an act according to the rules of internal office work.
A much more serious reason for the dismissal of an employee on the initiative of the employer is the disclosure by him of information that should have been protected by secrecy. It can be about both commercial data, and official information or government. If a certain employee of the enterprise gained access to such information, signed a paper, where he undertook to keep everything that was known secret, but then broke this promise, it is allowed to apply various penalties to him.
Disputes and Agreements
The dismissal of an employee on the initiative of the employer can be justified by a conflict situation, to prevent or resolve which the person did not want to take action. The wording of normative acts contains just such a condition: “reluctance, rejection,” that is, in a situation where constructive steps were taken to positively resolve the situation, which did not lead to a positive result, there are no grounds for breaking up under the law.
Of course, the dismissal of the employee on the initiative of the employer threatens to identify the fact of embezzlement of funds. You can safely part with the employed person who harmed the property owned by the enterprise or even stole something that the company had. If there has been a violation of safety rules that provoked a threat to the health, life of certain persons, as well as another serious accident, the Labor Code allows the employer to initiate an employment relationship.
I won’t say anything!
At some enterprises, at certain points, a number of employees are required to provide the employer with specific personal information - data on the expenditure, income component, the property present. All cases when such data must be transferred to the address of the authorities are recorded in the Labor Code in Article 81, the seventh paragraph of the first part. It is also specified here that the information must be reliable. In violation of this condition, refusal to communicate information or transfer incomplete data, you can safely initiate the process of dismissal - the employer has the right to part with such a secretive employee contrary to the law.
Also, the procedure for dismissing an employee on the initiative of the employer can be provoked by the transfer of fake documentation at the stage of concluding an employment agreement. You can part with the employed at any time, as soon as the fact of forgery of information was revealed.
Not guilty but fired
Some situations force you to leave your hired staff, even if no one is to blame. For example, if the official strength decreases, which is confirmed by the documentation accepted within the company, you will have to part with some of the employees, and no one can have any complaints. Similar conditions apply to the situation when the enterprise ceases its activity, closes.
Finally, guilty without guilt - this is an employee who, by his qualifications, does not fit the position where he was employed. When a fact of non-compliance is revealed, an official paper is drawn up, confirmed by the signature of the head and head of the personnel department. As a rule, the identification of such an unpleasant situation occurs during the certification period.
Specific case
There are such categories of employed for which the legislation provides for additional restrictions on the employer's ability to fire a person. In addition to the TC standards are spelled out in the Federal Law. In particular, such persons include persons with disabilities, the particularities of the labor agreement and the rules for its termination being determined by the severity of health disorders.
No less restrictions have been introduced regarding the possibility of terminating the employment relationship at the initiative of the enterprise if the employee is a young mother on maternity leave, as well as in a difficult financial situation. Of course, any of the options requires official documentary confirmation of the status, but the employer should know in general terms the features of all employed, planning to part with them, and take into account the rules that apply to them.
And I do not like the head!
The dismissal of an employee can extend to absolutely any person accepted into the staff of the enterprise. Managing personnel, including the chief, director, will not be an exception. As a rule, the procedure is due to a change of ownership - in this case, managers, accountants, deputies are massively replaced. But no less important reason will be erroneous decisions related to ensuring the company's operability, if any, which led to damage. You can get rid of the head if under his authority the company lost property, incurred losses, and the financial results for the reporting period were negative.
You can safely part with such a leader who violates discipline and does not fulfill his obligations. Only one officially documented case is enough, and it is already possible to prepare the corresponding order. This situation applies not only to the director himself, but also to the deputies. If the labor agreement contained an indication of the conditions, the fulfillment of which could provoke dismissal, in the event of any of the cases, you can part with the mistaken manager.
Teachers: how to be?
You can dismiss the teacher when revealing the fact of immoral behavior. This term is rather vague and implies a wide variety of actions negatively evaluated by society. Moral, corporal punishment are among the obvious reasons for terminating the employment contract, at the same time this fact puts an end to the career: in the future, a person will no longer receive the right to work with minors. What is important, when trying to get a job in another place, a person can try to hide his past, but when establishing the fact of immoral behavior, you can immediately dismiss him for forging documentation.
Responsible Persons
If an employee is involved by virtue of his duties in processes related to a variety of values, both monetary and commodity, he has no right to abuse his position. Such behavior and its identification may cause the termination of the employment agreement.Legislation explains this by the inability to trust the employed.
The order of dismissal of the employee on the initiative of the employer
As practice shows, in each case, the need to terminate the agreement with the employee is provoked by rather specific factors, so it is simply unrealistic to develop an algorithm that would be effective and universal, applicable to any situation. For example, when closing a company two months before the last business day, it is necessary to notify all staff about upcoming changes, try to come to a mutually beneficial agreement, for example, an employee can resign at his own time, and the employer pays compensation. When liquidating a company, seasonal, temporary workers should receive a warning seven, two days, respectively.
If the staff is reduced, the procedure is rather complicated, and any violation of this procedure may result in the appeal of the citizens who are infringed on the rights to the labor court, which will become a source of a considerable fine. According to the rules, it is necessary to approve the updated staffing table, create a list of posts that will have to be reduced, taking into account the particularities of preference established by law. Employees must be warned in advance, in addition, it is necessary to send data to the address of the employment center, trade union, and coordinate the legal aspects of the procedure. Without appropriate documentation, it is likely that offended workers will turn to the labor inspectorate. If the investigation shows the guilt of the employer, you can’t get off with a little blood.