Sample sheet of familiarization with the order form. The procedure for familiarization with local regulations

The general procedure for processing the termination of an employment contract is regulated. This article describes the algorithm of actions that must be followed.

The termination of the employment contract is formalized by the order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

According to the general rules, the day of termination of the employment contract is always the last day of the employee's work, except in cases where the employee did not actually work, but the place of work was retained for him.

On the day of termination of the employment contract, the employer must:

• issue a work book to the employee (if the employee is not at work on the day of dismissal, then a notification is sent to him about the need to pick up the work book or agree to send it by mail);
• make a calculation with him in accordance with;
• at the written request of the employee, issue certified copies of documents related to work.

An entry in the work book on the basis and reason for the termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR professionals as to which wording to use: “employee fired”, “employment contract terminated” or “employment contract terminated”? The Labor Code does not give an unambiguous answer to this question, so employers often choose the wording at their discretion.

Grounds for dismissal of an employee

1. Dismissal during probationary period

The establishment of a probationary period for employment is regulated by Art. 70 TK. It provides a list of employees who are not subject to a probationary period:

• persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time come to work in the specialty they have received within one year from the date of receiving vocational education of the appropriate level;
• persons elected to an elective position for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months;
• to other persons in cases stipulated by the Labor Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of a new employee using memoranda, acts. When the trial period ends and the employer evaluates the results of the newcomer unsatisfactorily, he must document the validity of his decision.

The employer can terminate the employment contract before the expiration of the test period with an unsatisfactory result, but he will need to notify the employee in writing (in the notification format) no later than three days, indicating the reasons that served as the basis for making such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If the employee refuses to sign the notification, an appropriate act is drawn up, which records the fact that the employee has read the notification and refuses to sign it. Based on the notification, an order T-8 is issued to terminate the employment contract. If the employee refuses to sign the order, then at the bottom of the order the personnel officer makes an inscription by hand that the employee was familiar with the order, but refused to sign, or an appropriate act is drawn up. In any case, it is important to record the fact that the employee is familiar with the order.

The employee can also terminate the employment contract at his own request during the probationary period. To do this, he needs to submit an application, while he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 of the Labor Code, will be three calendar days. The dismissal itself is made on the basis (termination of the employment contract at the initiative of the employee).

2. Voluntary dismissal

Which article of the TC to focus on:.

The employee has the right to terminate the employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement of the parties, this period may be reduced.

In cases where the dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds when such an option is possible: enrollment in an educational institution, retirement, established violation of labor legislation by the employer, etc. The practice of labor relations shows that there are many more reasons to reduce the notice period. For example, an illness that prevents the continuation of this work, if there is an appropriate medical certificate; moving to another area ().

The list of valid reasons for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in the collective agreement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract. For example, in Art. 64 of the Labor Code states that it is forbidden to refuse to conclude an employment contract for employees invited in writing to work in the order of transfer from another employer.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must:

• issue a work book to the employee;
• issue other documents related to work, at the written request of the employee;
• make a settlement with him.

How to draw up documents?

When an employee has the right to reduce the notice period, he writes the date of dismissal, which is mandatory for the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to a benefit, but asks to be fired earlier. For example, he writes a statement on May 15, and asks to be fired on May 19. In this case, the employer may act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires a two-week notice and asks for a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the issuance of the book, so that the employee immediately signs in the book of accounting for the movement of work books).

3. Dismissal by agreement of the parties

Which article of the TC to focus on:.

The basis for dismissal "by agreement of the parties" was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: "The employment contract can be terminated at any time by agreement of the parties to the employment contract." No matter how such a basis for dismissal is perceived, it is necessary to proceed first of all from the fact that the word “agreement” itself indicates a peaceful basis for termination of employment relations.

Despite the fact that the agreement is not provided for by the Labor Code, this is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to the expiration of the employment contract

Which article of the TC to focus on:.

The grounds on which a fixed-term employment contract is concluded are spelled out in. Most often - for the duration of the performance of the duties of an absent employee, for whom the place of work is retained.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a certain date, which is prescribed in the contract itself. Three days before this date, the employer is obliged to notify the employee of the expiration of the period by means of a notice.

Sometimes it is impossible to determine the expiration date of the employment contract in advance, in which case the contract does not indicate the expiration date, but the condition. In this case, it is not necessary to notify the termination of the employment contract, since the very fact that the main employee enters work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code spells out how to issue a disciplinary sanction. The algorithm of actions of the employer in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two business days). The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. In the presence or absence of an explanation, the employer makes a decision based on his assessment of the employee's actions.

The terms for applying the penalty must be taken into account - no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

A memorandum on the commission of a disciplinary offense is sent to the name of the director (a person who can make decisions on this issue). And the employee is given a notice against signature with the requirement to provide a written explanatory note. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action will be taken. With “soft” variants of violations, the employee is first reprimanded. At the same time, the order on the application of a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to deal with a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until the fact of violation of labor legislation is established.

The registration of such a situation begins with the preparation of an act for each working day stating that a person is absent from work for an unknown reason (the first act indicates the time of absence “from ... to”, and the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of a long absence - as of the day the next time sheet was submitted.

Letters are sent to the employee with a request to give an explanation of the reasons for the absence (must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may recognize the missing employee as missing through the court. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6, part 1, art. 83 of the Labor Code of the Russian Federation.

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Under what conditions can an employee not be fired? , who is not subject to dismissal, what is the pre-emptive right to stay at work and when the courts do not take it into account? Knowing the answers to these questions will allow you to complete the dismissal procedure while respecting the rights of both parties.

Who cannot be fired at the initiative of the employer

The Labor Code stipulates not only cases when the employer has the right to dismiss an employee, but also situations when the organization is deprived of such a right. The introduction of a list of persons whom the employer cannot dismiss at will is due to the less protected status of such workers compared to the rest. It is best to present them in the form of a table:

Don't know your rights?

Right of Preemption: Who Can't Be Fired When Downsizing

A kind of immunity from dismissal in case of staff reduction in accordance with Art. 179 shopping malls have employees who have shown the highest labor productivity and have the highest qualifications compared to the rest.

If the first condition is equal, the employer takes into account the additional circumstances provided for in Part 2 of Art. 179 TK. So, in accordance with the norm in such conditions, employees should be left at work:

• with two or more dependents;
• the only workers in the family;
• who have received an occupational disease or work injury at their current place of work;
• invalids of the Great Patriotic War or combat operations;
• in parallel with work, improve their qualifications.

• inventors (Article 35 of the USSR Law “On Inventions in the USSR” dated May 31, 1991 No. 2213-1);
• workers in their first job after military service (Article 23 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ);
• spouses of military personnel serving in state organizations and military units (Article 10 of Law No. 76-FZ).

In addition, the employer, by virtue of Part 3 of Art. 179 of the Labor Code, may stipulate the preferential right to leave at work for other categories of workers - in a collective agreement or other act of the enterprise.

INTERESTING! Judicial practice shows that in certain situations, the pre-emptive right may not be taken into account. In particular, the Judicial Collegium of the Sverdlovsk Regional Court in the appeal ruling dated May 27, 2016 in case No. 33-9214 / 2016 indicated: if all available staff units for one position are reduced by order of the employer, there is no basis for considering the issue of the pre-emptive right of individual employees.

Preemptive right: which categories cannot be reduced with a decrease in the number of employees

The list of persons who have the priority right to retain their jobs in the event of a reduction in the number of staff, in accordance with Art. 179 of the Labor Code, coincides with the list of employees who have the same guarantees in case of staff reduction.

IMPORTANT! Dismissal as a result of a reduction in the number of employees or a reduction in staff without taking into account the employee's preemptive right is unlawful and can be appealed in court. If the employer cannot fulfill the obligation to prove the justification of the dismissal, established by clause 23 of the Resolution of the Plenum of the Supreme Court “On the application by the courts ...” dated March 17, 2004 No. 2, the courts usually come to the conclusion that the dismissal is illegal, and reinstate the dismissed person.

Thus, the Supreme Court of the Republic of Altai, by its decision of November 26, 2014 in case No. 33-955, reinstated the employee at work, since the employer did not provide evidence of compliance with the dismissal procedure under Art. 179 of the Labor Code and evidence of the preferential right of other employees over the plaintiff.

In the appeal ruling dated May 31, 2016 No. 33-3600/2016 of the KhMAO-Yugra court, dismissal without considering the issue of the priority right of employees was also recognized as unlawful.

At the same time, there is no need to analyze the preemptive rights of workers if the employee used the provision provided by Art. 180 of the Labor Code the right to terminate work ahead of schedule, having received compensation. As indicated in the appeal ruling of the Supreme Court of the Komi Republic dated August 26, 2013 No. 33-4492 / 2013, the presence of consent to the early termination of work indicates the consent of the employee with the upcoming termination of employment, which relieves the employer from establishing the existence of circumstances that give the employee the pre-emptive right to leave at work.

Additional conditions under which an employee cannot be fired

In addition to the list of persons whom the employer does not have the right to dismiss within a certain period, the Labor Code also names a number of additional conditions that prevent the dismissal of an employee at the initiative of the employer. All of them relate to violations of the dismissal procedure:

1. The reason for dismissal is irrelevant.
   Such a condition applies, in particular, to the case provided for by Part 5 of Art. 81 of the Labor Code, according to which it is impossible to dismiss an employee for guilty actions that led to a loss of confidence, or for an immoral act committed not in connection with work, if more than a year has passed since the discovery of such actions by the employer.
2. Additional conditions of dismissal were not met.
   For example, according to Art. 269 ​​of the Labor Code of a minor employee can be dismissed only after obtaining consent from the supervisory authorities:
   • commissions on juvenile affairs;
   • State Labor Inspectorate.
3. Failure to notify or reduce the notice period for an employee or union of a planned layoff.
   The warning period varies from 3 months to warn the trade union about the impending mass dismissal of workers (Article 82 of the Labor Code) to 3 days to warn an employee who has shown unsatisfactory results of cooperation during the trial period (Article 71 of the Labor Code). This basis is common to any employer and employee.
4. Failure to comply with the requirements for the content of the notice of dismissal of the employee.
   In practice, such a basis is rather shaky, since the Labor Code does not contain a single list of requirements. Separate requirements are provided for by Art. 81 and 180 of the Labor Code, the Procedure for the Submission of Notifications by Employers and Customers of Works (Services), approved. Order of the Federal Migration Service of June 28, 2010 No. 147, and are also contained in court rulings.

Judicial practice in cases of non-notification of dismissal

Whether or not a worker will be reinstated to his position if he was supposedly not notified of the impending dismissal depends on the specific circumstances.

In practice, it is not uncommon for an employee to ask to be reinstated at work, referring to the fact that the employer did not notify him of the impending dismissal. The case file reflects that the employee refused to sign the notification presented to him, but the personnel officer reads the notification aloud to the employee, which is noted on the document. The courts, having received evidence of proper notification, refuse reinstatement at work (see the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated October 05, 2016 in case No. 33-19651 / 2016, the appeal ruling of the Moscow Regional Court dated June 01, 2016 in case No. 33-13162 / 2016, etc. .).

Conversely, if the case file confirms that the notice was not sent to the employee, the court will usually reinstate him at work. For example, in the resolution of the FAS ZSO dated 04/12/2011 in case No. A70-9086 / 2010, it is noted that, since the procedure for notifying the employee was not followed, the fixed-term employment contract has lost its urgent character and, by virtue of Art. 58 of the Labor Code becomes an agreement concluded for an indefinite period.

INTERESTING! In the appeal ruling of the Krasnoyarsk Regional Court dated August 17, 2016 in case No. 33-11098 / 2016, it is noted that the employer’s failure to send a notice to the employee about the termination of a fixed-term employment contract cannot be regarded as an intention to continue the employment relationship, i.e. to make the employment contract indefinite.

Some requirements for the content of the notice of dismissal

The Labor Code does not contain requirements for the details of the notification and its content, but some requirements are specified in other acts:

Let's summarize. The Labor Code regulates in detail the issue of protecting certain categories of employees from unlawful dismissal. In particular, the law determined the categories of persons, whom the employer can dismiss on his own initiative only in exceptional cases. These include sick employees, pregnant employees, workers on vacation, etc.

In addition, the Labor Code introduced for certain categories of workers a preferential right to retain work in the event of a reduction in staff. First of all, such privileges are enjoyed by the most useful employees, that is, those whose labor productivity and qualifications are higher than those of the rest.

Technology of popular ways of dismissal

Methods and expert comments

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

It is used in cases where the employer cannot find a suitable article in the Labor Code of the Russian Federation. Most often, the reasons for such dismissals are discussed face-to-face, but some cases become public.

Natalia Plastinina, head of the legal support sector:

The reason for parting is not bad, but in most cases it requires additional material costs from the employer. Despite the absence in Art. 178 of the Labor Code of the Russian Federation, instructions on the payment of severance pay upon dismissal by agreement of the parties, many years of practice in resolving difficult situations in labor relations have shown that an employee agrees to such a “soft, smooth, but not included in his plans” parting only upon receipt of a certain bonus - compensation for termination of the employment contract. Since there is no obligation to compensate an employee upon dismissal on the basis under consideration in the Labor Code of the Russian Federation, the amount of such compensation is determined only by agreement of the parties. In fact, the parties negotiate the amount of this compensation at the level of 2-3 salaries, taking as a guideline the size of the severance pay in case of staff reduction. However, in special cases (dismissal of the head of any link), this amount can be increased or, conversely, reduced (for example, when dismissing an unreliable employee who cannot be "hooked" on other grounds for dismissal). Sometimes the parties agree to terminate the employment contract without compensation at all.

As a rule, such cases represent the dismissal of a truant or an alcoholic in those circumstances when the employer could not acquire sufficient evidence of the misconduct of employees and, therefore, could not risk-freely apply the basis for dismissal corresponding to the situation (paragraph “a”, paragraph 6 of part 1 article 81 of the Labor Code of the Russian Federation and subparagraphs "b" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation). The most difficult thing is to find agreement with a category of employees especially protected by law who cannot be fired at the initiative of the employer (during certain periods of their activity), - pregnant women, persons with family responsibilities listed in Art. 261 of the Labor Code of the Russian Federation. These workers, being in a wounded state, are so afraid of losing a permanent job and not finding a new one that they refuse to conclude agreements on termination of the employment contract, despite the proposed compensation, and if such an agreement is signed, they go to the courts to challenge them due to a defect of their own will .

Thus, in addition to the material side of the issue, this ground has another disadvantage - a high risk of successfully contesting his dismissal by the dismissed employee. And practice knows cases of recognition by the court of an agreement to terminate an employment contract as illegal due to the lack of an expression of the will of the employee for this action (as an example, you can study the appeal ruling of the Supreme Court of the Republic of Buryatia of June 18, 2012 in case N 33-156), in which the court, having carefully studied the agreement drawn up by the parties, came to the conclusion that there was no real will of the employee to terminate the employment relationship, and there was only a desire to transform labor relations (the agreement contained the obligation of the employer to subsequently hire the employee again). In this regard, the court concluded that the dismissal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation (by agreement of the parties).

Conclusions: cons of dismissal by agreement of the parties:

1. the employee may not agree to terminate the employment contract, despite the favorable termination conditions offered by the employer;
2. in most cases, termination on this basis will require the employer to voluntarily pay compensation agreed by the parties in the agreement to terminate the employment contract;
3. practice fixes a high risk of contesting the dismissal by agreement of the parties due to a defect in the will of the employee. There are cases of recognition of such agreements as illegal in judicial practice.

The agreement of the parties does not apply when the employer cannot find a suitable article in the Labor Code of the Russian Federation, but when the employer soberly assesses the time and financial costs that the dismissal “under the article” may entail, if the reasons for this are very transparent.

In my opinion, dismissal by agreement of the parties is the best option for terminating an employment contract. Firstly, it allows the parties to reach a compromise and remain satisfied with each other, secondly, it is the easiest to execute, and thirdly, this dismissal is the most “viable” if it is challenged by the employee.

I offer my clients such arguments that can help convince the employee of the need to sign an agreement on termination of the employment contract: bringing to the attention of the employee the information that the employment contract with him will be terminated, at best, the employee will be laid off. However, even a reduction is not the best reason to terminate the employment contract for demonstration to a future employer. Another matter is the agreement of the parties.

A potential employer will not see anything wrong with him;

• the agreement of the parties allows you to save the employee's time, which can be spent, for example, when reducing the number or staff;
• the agreement of the parties allows you to agree on the amount of "compensation" for the dismissal, as well as on the procedure for its payment.

Reduction of staff (clause 2 of article 81 of the Labor Code of the Russian Federation)

The applicant for dismissal must be provided with a list of vacancies corresponding to his competence - for example, a similar position, but in the regional branch of the company. If the employee refuses to move, a written refusal must be obtained from him. The employer is obliged to notify the employee in writing about the reduction at least two months in advance and not to open a reduced position during the year.

1. When applying the above grounds for dismissal, employers still make many mistakes: they do not offer all suitable positions; dismissed ahead of time, a certain part. 2 Article. 180 of the Labor Code of the Russian Federation; they dismiss the employee just in time, but during the period of his illness, which is prohibited by Part 6 of Art. 81 of the Labor Code of the Russian Federation; without waiting for the expression of consent to vacancies or refusal of them, they are already issuing a dismissal order; they do not care about the real basis for the reduction; they do not approve the new staffing table in time; they incorrectly apply the provisions of Art. 179 of the Labor Code of the Russian Federation on the pre-emptive right to remain at work; they make mistakes in the standard paperwork.

For these and other reasons, there is still a high risk of recognizing the layoff for redundancy as illegal and reinstating the employee at work, which is confirmed by numerous judicial practice.

So, for example, in a labor dispute, the court concluded that the employee was dismissed before the expiration of the two-month period established by labor legislation from the date of notification of the upcoming reduction. In this connection, the court recognized the dismissal of the plaintiff employee under paragraph 2 of part 1 of Art. 81 of the Labor Code illegal, reinstated the plaintiff in the organization in his previous position (decision of the Yugorsky District Court of the Khanty-Mansiysk Autonomous Okrug - Yugra (published on November 27, 2012).

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

Indeed, downsizing is one of the methods of dismissal, requiring strict adherence to procedures. The employee is notified in writing about the upcoming reduction 2 months in advance, during this time he is obliged to offer him in writing any vacant or newly created vacancy, the duties for which he can perform, taking into account his qualifications. It is important to offer not only similar positions, but also lower positions. But positions in other regions are offered only if it is enshrined in a collective agreement or other local regulatory act of the company.

Also, one should not forget about the pre-emptive right to leave some categories of employees at work.

Absenteeism (signature “a”, paragraph 6 of article 81)

If an employee is absent from the workplace during the whole working day or for more than four hours in a row, the dismissal occurs automatically. It is more difficult to dismiss an employee who is often late, but this is also possible if the start time of work is specified in the internal labor regulations, in the employment contract, and also in the collective agreement, if there is one in the company.

Natalia Plastinina, head of the legal support sector:

We note right away that one can never expect such a reason from an average moderately responsible employee. Lateness does not form such a basis for dismissal as absenteeism, since the time the employee is absent does not reach 4 or more hours in a row. In addition, there is a high risk of incorrect recording of the event, incorrect qualification of absence as absenteeism, incorrectly drawn up documentation for the formation of the basis provided for in paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

Cons of applying for dismissal on this basis:

• low probability of occurrence of the base itself;
• high probability of errors in the procedure for dismissal on the named basis;
• a high risk of challenging the dismissal due to its unfairness, illegality, and also in order to exclude an unseemly entry in the work book;
• in those organizations where there is no full-time lawyer, and personnel records management is entrusted to the secretary, all the above risks of erroneous actions by the employer increase significantly. The risk of reinstatement of a dismissed truant also increases.

As practice shows, the regulatory authorities that check employers and may recognize the order to dismiss for absenteeism are not asleep.

What was done in Altai Territory by the State Labor Inspectorate. As a result of the check carried out on the basis of the citizen's appeal, the state labor inspector found that, in violation of Art. 193 of the Labor Code of the Russian Federation, the employer did not request a written explanation from the employee on the fact of absence from the workplace, did not provide evidence confirming the absence of the employee during working hours without good reason, that is, he made mistakes in the procedure for applying the grounds for dismissal provided for p.p. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation. At the request of the state labor inspector, the dismissal order by the employer was canceled. For violation of labor legislation, the director was brought to administrative responsibility in the form of a fine.

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

Even if the employee was absent from work for the amount of time needed for absenteeism, he can hardly be automatically fired. In any case, this will require clearly following the procedure established by Article 193 of the Labor Code of the Russian Federation. Otherwise, “automatic” dismissal for absenteeism may entail the restoration of the dismissed person with the accrual of payment for forced absenteeism.

Inconsistency with the position held (clauses 3 and 5 of article 81 of the Labor Code of the Russian Federation).

The employer has the right to change the job description of the employee, warning him for two months. Then, in additional agreements to the employment contract with the employee, the conditions are prescribed, on the basis of which the indicators are considered unfulfilled. The values ​​of indicators can be taken according to any schedule: once a week, month, quarter. If an employee fails to cope, he is reprimanded, severely reprimanded, and then fired.

Natalia Plastinina, head of the legal support sector:

Paragraphs 3 and 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation are two different grounds. The basis of paragraph 3 - “inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification” - is difficult to achieve in practice due to the actual non-occurrence of this basis. To apply it, the employer will first have to approve the local act on the certification (see part 2 of article 81 of the Labor Code of the Russian Federation), give employees time to prepare. Create a commission. Correctly record the order of its implementation and results. Give iron arguments of the inconsistency of the employee with the position held. And after that...

Offer the employee another job in his own company! This is required of the employer by part 3 of Art. 81 of the Labor Code of the Russian Federation. That is, all of the above actions may not lead to the end of the employment relationship if the employee agrees to be transferred to another position. Was the game worth the candle?

Clause 5, Part 1, Art. 81 of the Labor Code of the Russian Federation offers a universal basis for dismissal - "repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction." There are some flaws in the scheme for changing job descriptions described by Forbes magazine: will the employee challenge these changes in the future? If, for example, you include in the job description of a building maintenance engineer the obligation to sweep 4 production shops in the evening, it seems that the court will not recognize such a change as legal and justified. And he will point out to the zealous employer the correct guideline in this matter - ETKS. In addition, one should not forget about the systematic misconduct of the employee, which may no longer be formed after the first punishment.

And although both grounds may be applicable, but their elusiveness and high risk of contestation do not make them popular.

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

In this case, a strange construction is described, which has nothing to do with Russian law in general and with clauses 3 and 5 of Article 81 of the Labor Code of the Russian Federation in particular.

Firstly, a change in the job description is a change in the labor function of an employee, which is possible only by agreement of the parties. In this case, a warning for two or more months does not play a role.

Secondly, in order to sign some additional agreements to the employment contract, the will of the employee is necessary, without which agreements cannot appear. And if the employee refuses to sign additional agreements? Has the right to.

Thirdly, in order to apply such a basis as inconsistency with the position held (clause 3 of article 81 of the Labor Code of the Russian Federation), certification must be carried out, only a negative conclusion of the certification commission can be a reason for dismissal of an employee.

Non-compliance with the rules of internal labor regulations (Article 192 of the Labor Code of the Russian Federation)

Information about the ban on smoking, the need to comply with the dress code should be spelled out in the internal labor regulations, which are signed by all employees when they are hired. You need to understand that it is not enough for the employer to simply indicate “observe the dress code”. He is obliged to convey in writing to his employees what kind of clothing the authorities consider suitable for work with a detailed description of the style and color of clothing.

Natalia Plastinina, head of the legal support sector:

Of course, there is no such basis in the Labor Code of the Russian Federation. However, there is a previously considered ground provided for in paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - repeated failure to fulfill duties. Yes, indeed, an employee can be punished for smoking on the territory of the employer, and for non-compliance with the dress code under the following conditions:

• the employer has all the local acts that have fixed these requirements accurately and clearly;
• the employee is familiarized with the specified acts against signature.

In case of violation by the employee of the specified requirements for the behavior of employees, the employer must, in strict accordance with the requirements of Art. 193 of the Labor Code of the Russian Federation to punish the employee. And only after the appearance of consistency (two or more violations during the year), he will already be able to dismiss the employee under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

In my opinion, the most optimal option for parting with an employee in terms of simplicity and validity among those proposed.

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

If in this case we are talking about termination of an employment contract on the basis of clause 5 of article 81 of the Labor Code of the Russian Federation (repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction), then non-compliance with the dress code or a ban on smoking is not the best reason for dismissal, since they are not related to work duties. Dismissal under clause 5 of article 81 of the Labor Code of the Russian Federation is carried out when there has been a violation (non-compliance) with the provisions of the job description or the employment contract.

Alcohol intoxication (subparagraph “b”, paragraph 6 of article 81)

A single appearance of an employee in a state of alcoholic, narcotic or other toxic intoxication at his workplace on the territory of the employer organization or facility where, on behalf of the employer, the employee must perform a labor function is sufficient. But in order to use this method, the employer will have to provide the results of a medical examination of the employee as evidence.

Natalia Plastinina, head of the legal support sector:

Not always, for the application of this basis, data from a medical examination (medical examination) are needed. The state of alcoholic or narcotic or other toxic intoxication can be confirmed both by a medical report and other types of evidence, which must be assessed accordingly by the court (paragraph 42 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code Russian Federation "(hereinafter - the decision of the Plenum of the Supreme Court of the Russian Federation No. 2). Since in most cases a drunk employee flatly refuses to undergo a medical examination (including with the aim of further challenging his dismissal), the employer will have to collect other evidence. They may be (including but not limited to):

1. an act of discovery in a state of intoxication;
2. an act of refusal of a medical examination;
3. notification of giving explanations;
4. an act of failure to provide explanations (drawn up after two days given to the employee for this);
5. etc.

As practice shows, with the correct and accurate approach of the employer to the preparation of documentation in such cases, an employee who appears at work drunk cannot successfully challenge his dismissal.

So, in a dispute on recognizing the dismissal as illegal, the employer confirmed the fact that the plaintiff was in a state of intoxication at the workplace with an act of being in a state of alcoholic intoxication; an act of refusal to undergo a medical examination; protocol on an administrative offense, explanations of witnesses. The court considered this sufficient evidence of the fact that the employee was intoxicated, and, therefore, sufficient grounds for terminating the employment contract under paragraphs. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation. Having found no violations in the dismissal procedure, the court refused to recognize the dismissal as illegal for the employee (decision of the Zheleznodorozhny District Court of Yekaterinburg dated March 21, 2012; decision of the Sverdlovsk Regional Court dated June 21, 2012 in case No. 33-7104 / 2012.

But the most interesting question is different: will the employer wait for the employee to appear at work in a state of intoxication?

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

To dismiss an employee for appearing at work in a state of intoxication, a medical examination is desirable, but not required. The employee has the right to refuse to proceed to a medical facility. In this case, the employer has the right to confirm the fact of intoxication by an act that describes the signs of intoxication.

Disclosure of professional secrets (subclause "c", clause 6 of article 81)

Disclosure of secrets protected by law (state, commercial, official and other), which became known to an employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee, is a serious violation of labor duties. At the same time, the concept of personal data is very broad, and theoretically, one can even be fired for telling someone a colleague's home phone number.

Natalia Plastinina, Head of Legal Support Sector:

In accordance with the provisions of Art. 139 of the Civil Code of the Russian Federation, information constitutes an official or commercial secret in the case when the information has actual or potential commercial value due to its unknownness to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret shall be determined by law and other legal acts. Persons who illegally obtained information that constitutes an official or commercial secret are obliged to compensate for the losses caused. The same obligation is imposed on employees who divulged official or commercial secrets contrary to the terms of the employment contract, and on contractors who did this in violation of the terms of the civil law contract.

According to paragraph 43 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 2, if the employee disputes the dismissal under paragraphs. "c" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, the employer is obliged to provide evidence indicating that the information that the employee disclosed, in accordance with applicable law, refers to state, official, commercial or other secrets protected by law, or to the personal data of another employee, this information became known to the employee in connection with the performance of his labor duties and he undertook not to disclose such information. It is with this evidence that the employer, as a rule, has problems. Before applying the grounds for dismissal provided for in paragraphs. "c" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, it should be clarified:

• whether the organization has local acts that define information as a legally protected secret;
• whether the employee is familiar with these acts;
• whether he undertook not to disclose certain information;
• did the information leak really come from this employee and how is this confirmed?

Remember: an ordinary employee may not know the provisions of regulations, laws of the Russian Federation. He may be legally completely illiterate. And only if he is familiarized by the employer with a local act based on the norms of laws, he will already be recognized as aware that certain information is a secret. And it will be possible to punish him for disclosure only after he signs a non-disclosure obligation. But the presence of all these documents, as practice shows, does not minimize the risk of recognizing dismissal on the named basis as illegal.

So, the court, considering the case with similar circumstances under consideration, considered that the employerno evidence of violation by the employee of his official duties, in particular, relating to non-disclosure of commercial secrets, was presented. The court pointed out that the employer's arguments were of a conjectural nature and could not serve as a basis for applying a disciplinary sanction in the form of dismissal. Since there is no evidence in the case that unconditionally testifies to the disclosure by the employee of information related to the trade secret of the company, the court recognized the dismissal under paragraphs. "c" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation illegal and changed the wording of the grounds for dismissal to paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation (of their own free will) (decision of the Leninsky District Court of Perm dated April 6, 2012; appeal ruling of the Perm Regional Court dated October 3, 2012 in case No. 33-8900).

Changing the basic working conditions (Article 74 of the Labor Code of the Russian Federation)

The employer has the right to change the work schedule or wage conditions by giving employees two months' notice. And here a huge space of opportunities opens up for the employer, and employees are forced to either agree with them or quit on their own. For example, an objectionable employee can be offered piecework wages, transfer production to a round-the-clock schedule, and then many employees will prefer to refuse night shifts.

Natalia Plastinina, head of the legal support sector:

The provisions of this article are too rosy. Employers should not be so optimistic about their rights. First, Art. 74 of the Labor Code of the Russian Federation requires a rigorous justification of the reasons for changing the terms of an employment contract with an employee. According to Part 1 of Art. 74 of the Labor Code of the Russian Federation, only “reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) are allowed. Secondly, the employer will have to be ready to prove that the terms of the employment contract determined by the parties could not be saved. Thirdly, under no circumstances does the law allow changing the labor function of an employee.

Changing the terms of an employment contract has a strict regulation of the process:

• written acquaintance with the forthcoming changes;
• written justification of the reasons for the introduced changes;
• offer of vacancies during the entire notice period;
• correct recording of all consents and refusals of the employee (from signing, from vacancies, etc.);
• dismissal not earlier than the expiration of the notice period;
• payment of a severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

Not an easy process, right? In addition, it must be taken into account that the employee can and ... agree to new working conditions. Or agree to take one of the proposed vacancies. Then it will be necessary to look for another reason for parting?

Given the high risk of contesting the dismissal on the grounds under consideration, it is worth considering the choice of this ground for dismissal.
As an example of a successful challenge, you can see the decision of the Koryazhma city court in case No. 2-12, in which the court did not recognize the employer's grounds for changing the terms of the employment contract and, therefore, the grounds for dismissal under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work due to a change in the terms of the employment contract determined by the parties). Before the dispute was resolved by the court, the defendant canceled his order and reinstated the worker at work).

Anna Ustyushenko, Partner, Head of Practice, Group of Law Companies INTELLECT-S:

The application of Article 74 of the Labor Code of the Russian Federation is far from possible in all cases. As a general rule, a change in the terms of an employment contract (and remuneration, work schedule - essential conditions) is made only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). And only in the event of a change in technological or organizational working conditions, the employer has the right to apply the provision of Article 74 of the Labor Code of the Russian Federation and unilaterally change the terms of the employment contract, notifying the employee about this two months in advance. It should be borne in mind that in the event of a dispute, the obligation to prove the fact of a change in technological or organizational working conditions lies with the employer.

Failure to fulfill labor duties (clause 5, article 81 of the Labor Code of the Russian Federation).

Most often, the employer uses this wording when other legal methods of dismissal have already been exhausted or are not suitable. In this case, the employee may be given a task that is impossible in terms of time, and then be required to submit an explanatory note on the reasons for non-fulfillment.

(see comment above - “Inconsistency with the position held (clauses 3 and 5 of article 81 of the Labor Code of the Russian Federation”)

Unsatisfactory certification results (clause 3, article 81 of the Labor Code of the Russian Federation). The company should have a regulation on attestation, and the attestation commission should include persons who have a professional understanding of the work of employees subject to attestation. All decisions are reflected in the protocol. If the results of the check are unsatisfactory, the company has the right to dismiss the employee, but only after he refuses the new job offered to him in the same company, corresponding to qualifications or lower and with less earnings.

(see the comment above - “Inconsistency with the position held (clauses 3 and 5 of article 81 of the Labor Code of the Russian Federation”).

Natalia Plastinina, head of the legal support sector:

Conducting a general analysis of the grounds presented by the magazine, we can conclude that each of them has its drawbacks and entails the emergence of certain risks. Even the correct observance of the dismissal procedure does not always entail the recognition of the dismissal as lawful and justified. Employers can be recommended to use in their activities the simplest grounds and legally regulated dismissal procedures. For example, dismissal for repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction (clause 5, part 1, article 81 of the Labor Code of the Russian Federation) or dismissal for the appearance of an employee at work (at his workplace or on the territory of an organization - an employer or an object where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication (paragraph “b”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).

• HR and Labor Law

In fact, any dismissal in any organization, regardless of whether it is a commercial structure or a government agency, is carried out in accordance with the norms of the current Labor Code. Termination of relations with workers for reasons not specified in the law is not permissible. Today we will try to consider the most common reasons for dismissal under the article of the Labor Code of the Russian Federation.

Reasons for dismissal

Under what article can they be fired? All grounds for dismissal can be conditionally divided into three large groups:

There are many reasons for dismissal at the initiative of the boss. All of them found their expression in article 81 of the Labor Code of the Russian Federation. Let's get acquainted with them in detail.

For violations of labor discipline

All violations by a specialist of the rules of labor discipline can be divided into:

• systemic and single;
• not rough and rough nature.

Systematic failure to perform functions, if the worker has a disciplinary sanction, threatens with dismissal. Under this basis is meant not a single fact of refusal to perform their immediate duties, but systemic violations. It is imperative that the employee has already been punished for the violations committed. Oral claims are not taken into account. In order to prevent non-fulfillment of your direct duties, you should thoroughly read your job description. Not a single local act will tell about this in such detail as the job description. It is important to have time to get acquainted with its provisions within three working days from the moment of the crime to the duties. The head, for his part, must take care of the timely development of instructions for the new employee and familiarize him with it in writing, preferably on each sheet with the date.

Eligibility for gross violation

If for other violations one fact is not enough to dismiss a person, then for gross violations only one is enough. What is meant by rough? What can you get fired for?

1. . Not going to your workplace during the entire working time or more than 4 hours (please note that it is in a row, and not 4 hours in total during the working day) entails dismissal. If an employee falls ill, he must, at a minimum, call and report his absence from work. It is advisable to do this in advance so that the boss has time to find a replacement. This is most relevant in factories and factories, where stopping the production process leads to large losses.
2. . Coming to work drunk or under the influence of psychotropic or narcotic substances also threatens with dismissal. At the same time, the workplace for the worker is determined in his job description. It is not absolutely necessary that it should not change. There are professions with a constant change of workplace, an auditor, for example, who is on permanent business trips.
3. Theft. Theft, damage to the company's material assets by an employee, their waste - all these are also the reasons for terminating relations with the employer. An important nuance is that even an internal audit in this case is not enough to say goodbye to such an employee. Everything is much more serious. The guilt of the employee is confirmed either by a sentence or a court order.

Loss of trust

There are also reasons for dismissal that contain an anti-corruption component. What does under itself mean.

1. Failing to report income or misrepresenting income. Almost all civil servants today submit information about their own income every year. Moreover, not only in relation to themselves, but also in relation to their wives and children. The submitted certificates contain information about the amount of money on their bank cards, open accounts, information about apartments, cars, boats, boats, planes and garages that are not only owned, but also used. Not providing a certificate of all your income or providing distorted information means losing confidence. And this is the basis for the subsequent dismissal.
2. Submission of false documents for the purpose of employment. We are talking about absolutely any document related to employment: a passport, military ID, diploma, certificate or certificate. Getting a job in a decent organization, you need to be prepared for the fact that all copies of the submitted papers can be subjected to thorough verification. A request can be made to the Information Center about whether the future employee has a criminal record, to the university - a request about the reliability of the diploma presented to them. Such verification activities can be carried out only with the written consent of the person in respect of whom they are actually carried out.
3. Disclosure of official secrets. Disclosure of any secret: state, medical, official, etc. An employee who is hired, the nature of which involves the possession of secret information, signs a non-disclosure agreement. This also applies to the disclosure of personal data, for which the employee may also be fired.
4. Violation of safety regulations by a specialist. Admission of violations of labor protection regulations. By itself, such a violation cannot be a reason for dismissal. There must be some serious consequences of this violation: a catastrophe, harm to other workers, an accident. Harm assessment is given by representatives of the labor safety commission.

Inconsistency of the specialist with the position he occupies

Compliance with the employee's qualifications, baggage of knowledge, skills and abilities is determined exclusively by the certification commissions. By itself, alone, the leader cannot make a decision regarding his subordinate about his unsuitability for work. For this, a whole attestation commission should be convened.

The commission is created in the organization by order with mandatory familiarization against the signature of the persons included in its composition. As a rule, these are the most trained employees, deputy chiefs, heads of departments, experienced employees who are able to adequately and objectively assess the abilities of the person being certified. At the certification, the employee is asked questions about work, the answers to which allow him to give him a fair description. The result is an open vote. A verdict is passed to the person being certified by a majority of votes - he corresponds to the position or does not correspond. The basis for the commission is a protocol signed by all participants, and most importantly - by the person being certified as a sign of familiarization with the conclusions. One of the results of such certification may be.

Termination of the company

For this reason, when dismissing the employee, the personality of the worker is not taken into account at all. Everyone falls under the dismissal: positively characterized employees, honestly working for the benefit of the company, as well as working carelessly, employees who have not distinguished themselves in any way for the better. The basis for the termination of relations for this reason is the same order for the liquidation of the enterprise for all. At the same time, it is clear that other positions are not offered to anyone, since, in fact, there is nothing to offer.

Staff reduction

Retrenchment happens in all organizations: private firms, state enterprises, factories and plants. The basis for dismissal is the order of the number of work units. At the same time, it clearly indicates which positions are subject to reduction. An important feature is that the worker is notified of the upcoming reduction at least two months in advance. From the point of view of the legislator, this time will be enough for the employee to find a new, suitable job.

The law also defines the circle of persons who have some immunity from being left at work in case of redundancy. Whom the management will not be able to fire for the following reason:

• First of all, pregnant women. If an employee whose position has been laid off brings a certificate of pregnancy, then she will not be fired. The employer will simply be obliged to offer her a worthy alternative in the form of a similar position or similar occupation, with a salary not lower than that received.
• Those employees who, for various reasons, retain their jobs. Those who are on maternity leave, for example, annual leave, a business trip, even if it is a long one, or in another area.
• Employees relieved of their labor functions due to ill health. The basis is the certificates of temporary disability presented to the employer;
• Employees who are raising children under the age of three.
• Employees raising children alone. The age of children of such mothers is up to 14 years, and if the child is disabled, then up to 18 years.

Representatives of trade union organizations enjoy a special position. They can be reduced only with the permission of the leadership of the trade union.

Sometimes a difficult situation can arise in a work team when one position out of two staff positions falls under the reduction. Suppose one of the two positions of the driver should be reduced. In this case, the manager must leave at work the driver whose qualifications, grade and labor efficiency are higher. But what if the drivers are equal in terms of professionalism? In this case, preference is given to the one who has a greater number of dependents than the other, or, for example, to the one who, during the period of work in this company, has received an occupational injury in this company.

Change of company owner

If the property of the company passes by right to a new owner, then this new owner legally has the right to change his head, deputies, and also the chief accountant. This basis has nothing to do with other categories of workers.

Of your own accord

Do not forget that the employee himself at any time has the right to terminate the employment relationship with his employer - at his own request. And such a reason is also provided as a basis for dismissal under the article. To do this, the employee submits to the director of the company a statement of his intention to leave. Most often, he is assigned to work for a period of 2 weeks. But, at the discretion of the manager or by mutual agreement with the employee, dismissal can be made without working off. On the appointed day - the day of dismissal in relation to the employee, a full payment is made and a work book is issued.

In connection with death

Death is a circumstance that does not depend on the will of the parties to the employment relationship. Of course, in the event of the death of an employee, labor relations with him are terminated. In this case, the work book is issued to a loved one of the deceased. In addition, the family of the deceased employee receives all due compensation, including wages for the time worked by the deceased.

Exemplary procedure for filing a dismissal

What does the procedure for dismissal under the article include? Any procedure is a certain sequence of actions. Where should you start in the first place?

Attestation of fact

This action must be performed mainly when the specialist admits any violations. For example, a person did not go to work. To testify to this fact, it is necessary to draw up an act, moreover, not about a simple absence, but about the absence for exactly 4 hours in a row. The key word is consecutive. An employee showed up at his workplace drunk. This should also be documented. Any act is drawn up at least in the presence of three members, they also sign it. If the employee does not commit any violations in a timely manner, then it will be problematic to dismiss him in the future.

Issuing a warning

You should not immediately proceed to decisive action, announcing the dismissal of the violator. So the entire personnel potential of the company can be lost. To begin with, it is enough to warn by making a remark or declaring an oral reprimand. We can finally have a conversation. And if all the preventive measures taken did not bring the proper result, and the employee again continues to commit previous violations, then the only right decision is dismissal.

Employee familiarization

An employee who is guilty of work should know in fact what he violated. So, when drawing up an act in relation to him, he must be familiarized with it. When announcing a reprimand, it is necessary to familiarize the employee with the order. When announcing a verbal reprimand, it is also necessary to familiarize the employee with the minutes of the meeting at which a public reprimand is issued to the offender. In general, an employee who committed a violation gets acquainted with any punitive document against signature.

Explanatory

For all facts of violation of discipline in the team, an explanation is necessarily selected from the guilty employee. The leader must know the reasons for the deed. The explanation is always given in writing. It is advisable to initially indicate the questions in the form, to which the employee subsequently gives detailed answers.

Dismissal order

After all preventive measures and warnings have dried up, the reasons and all the circumstances of the violations committed by the specialist are fully identified, an order for dismissal is drawn up. The order is drawn up by a personnel officer. The order states:

• FULL NAME. dismissed;
• reasons for termination of relations with reference to the article of the Labor Code of the Russian Federation. A similar entry is made in labor;
• the amount of cash payments due;
• date of termination of the contract. This date does not always coincide with the day the order was issued. The order may be issued earlier than the date of dismissal, but in no case later.

Compensation and payments

All amounts due to the dismissed person are paid to him on the day of dismissal. If he did not apply for them on that day, then they are paid on the day following the day of his application. Payments include:

• compensation for unused rest time in the year of dismissal;
• award for conscientious performance of duties. As a rule, these are two salaries.

The employer is responsible for violation of the terms of calculation.

Is it possible to appeal the dismissal under the article?

Yes, you certainly may. If the employee considers the dismissal to be illegal, then he has the right to challenge it in court. The main thing is not to miss the deadline. The law establishes a one-month period for appealing a dismissal order. Exceptional cases of extending this period are illness, business trip, other circumstances that deprive a person of the opportunity to apply to the court for the restoration of his violated labor right.

In conclusion, I would like to note that under no circumstances is it possible to fire a person who is on vacation or on sick leave. The only exceptions are cases of company liquidation. Remember that it is not enough to honestly fulfill your duties. You also need to periodically read your job description, the provisions of the collective agreement, if there is one in the company, and also know the provisions of labor legislation.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.