Dismissal from work at the initiative of the employer: what could be the reasons?

Notice period for staff reduction

According to the regulations for staff reduction or personnel reduction, the employer is obliged to notify the team about the upcoming termination of employment contracts 2 months before the expected date of dismissal. If a trade union is involved, the notification period may extend up to 3 months.

Let us remind you that when carrying out a reduction, it is necessary to additionally notify the local employment service about the upcoming release of personnel.

By concluding an employment contract with the employer, the employee undertakes to perform the work specified in this contract, subject to internal labor regulations.

The rights of the parties to an employment contract provide for the deliberate informing of counterparties about the conduct of certain legal actions relating to the relationship of the parties. Therefore, even relying on its right to dismiss for cause, the employer is obliged to warn the employee with notice.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Order

This should be the starting point for dismissal of positions in case of staff reduction. The descriptive part of the document outlines the objectives and goals of the event. In addition, the order must justify the upcoming changes in personnel. The administrative part of the document directly describes the fact of reduction. It may also contain information about specific vacant positions in certain departments. In the same order, it is advisable to order the formation of a special commission that will deal with reducing the number of personnel.

The composition of the authorized group must be determined and instructions must be given to make appropriate changes to the staffing table or prepare a draft of a new document. In addition, department heads should prepare lists of candidates who will be fired. In the order, all administrative items must begin with the indication of the responsible executor. All actions should be stated clearly and clearly. It is also necessary to set a specific deadline for the execution of orders. Measures for dismissal from positions under Part 2 of Art. 81 of the Labor Code of the Russian Federation should be carried out after the elimination of vacancies at the enterprise.

Notifying an employee: when is it necessary and within what time frame?

Such a document is drawn up for any dismissal. But if the initiator is the employee, then in this case he is obliged to draw up a resignation letter 14 days before dismissal, with which he notifies the employer that he intends to leave his place.

But notification to the employee is required to inform him about the actions performed by the employer. These include those actions that relate to the property interests of the employee. The reduction affects his interests first and foremost.

A notice of dismissal at the initiative of the employer is mandatory if:

1. liquidation of a company or individual entrepreneur;
2. the employee has not completed the probationary period (we talked about the nuances of dismissing an employee on a probationary period in this material);
3. staff is being reduced;
4. the number of employees is being reduced;
5. The term of the fixed-term employment contract expires.

A warning is not necessary in cases where the employee:

• did not pass the certification;
• repeatedly violated discipline;
• grossly violated labor discipline or labor safety requirements (read about the specifics of dismissing an employee due to disciplinary offenses here);
• committed theft;
• committed acts that resulted in loss of trust;
• made an unreasonable decision that resulted in damage (for managers);
• submitted fictitious documents during employment.

Warning periods are based on the norms of Articles 62, 71, 79, 180 and 296 of the Labor Code of the Russian Federation. For different situations they will be as follows:

1. Three days' notice is given to: persons who have not completed the probationary period and are employed under a fixed-term contract.
2. Seasonal workers are given a week's notice.
3. For a month - in case of bankruptcy of a company or individual entrepreneur.
4. Two months in advance - employees who are downsizing or downsizing, when liquidating a company or individual entrepreneur.

Article 296 of the Labor Code of the Russian Federation. Termination of an employment contract with employees engaged in seasonal work

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

An employee engaged in seasonal work is required to notify the employer in writing of the early termination of the employment contract three calendar days in advance.

The employer is obliged to warn an employee engaged in seasonal work about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance.

When an employment contract with an employee engaged in seasonal work is terminated due to the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks' average earnings.

Compliance with the specified deadlines is mandatory. If they are violated, dismissal can be challenged in court.

Other specific provisions on the timing and forms of warning may be contained:

• in local acts of the company;
• in collective and individual labor contracts.

If these norms and their nuances do not contradict labor legislation or violate the rights of workers, then their provisions must be observed.

Types of violations

Disciplinary sanctions in the form of dismissal may be applied for:

1. Refusal by an employee to perform duties without good reason due to changes in labor standards. The possibility of terminating cooperation unilaterally is due to the fact that, by virtue of the contract, the employee is obliged to perform the functions assigned to him and comply with the rules of procedure.
2. Evasion or refusal by an employee without a valid reason to undergo training during work, medical examination, exams on safety rules, labor protection, operating rules if this acts as a prerequisite for admission to work.
3. Unreasonable absence of a specialist from the workplace.

Main points

This is an official document, but there are no special rules for its preparation. Notifications must be in writing, with confirmation of delivery to the dismissed employee. It must comply with official legal documents. The information includes the following information:

1. Name of the company or individual entrepreneur.
2. Last name, initials and position of the temporary worker. The department in which he held the relevant position.
3. The informational part, which indicates the exact reason for dismissal at the initiative of the employer, on the basis of which the employee is dismissed on the specified day (what could be the reasons for dismissing a person at the initiative of the employer and how this process will go, we discussed here). The date of dismissal must be indicated.
4. The signature of the head and the seal of the organization are affixed.

• notification of an employee about dismissal at the initiative of the employer
• notification of an employee about dismissal at the initiative of the employer

The document must be issued against signature; for this, two copies are drawn up, one of which is signed by the person being dismissed with the wording “acquainted”. If only one copy is compiled, the employee is given a photocopy of it.

Order

There is a decision on dismissal, all evidence in favor of committing an offense has been documented. Next, you should finish with the documents and make all the required calculations.

Documentation

The following items may be needed as grounds and accompanying papers for dismissal at the initiative of the employer:

• An act of committing an action that was followed by an administrative penalty.
• An audit report from the tax authorities.
• The court's decision.
• Records of the trial.
• Certificate of absence.
• An examination report, an act as evidence of a crime committed.
• An order or representation describing the disciplinary action. It is compiled by the director.
• An order from the manager.
• Protocol on the commission that made the decision.
• Decision of the judicial authority, the board of founders.

Order

The settlement order is drawn up on the basis of other papers that explain why the employee is being fired. No. T-8 is a mandatory form for such situations, developed by the Government. T8 (a) is a template that is used when dismissing several employees at the same time.

The document includes the following set of information:

1. Date of preparation.
2. Reason for calculation.
3. Information about the employee.
4. Company details.
5. Full name of employees.

The signature of the director or his direct representative is required to certify the document.

After registration, the document is transferred to the personnel department at the enterprise. The details are entered into a special book responsible for accounting. A copy is made of the paper version, which is then moved to the personal file of the employee for whom dismissal is being carried out. Direct employees may be provided with second copies when necessary.

If the employee himself does not agree to endorse the document, the refusal is also formalized in writing. The procedure requires a minimum of three witnesses.

Formation of a note-calculation

Any employee is entitled to several types of compensation calculations:

• Unused vacations.
• Sick leaves, and so on.

For this purpose, calculation notes are drawn up, which reflect unpaid days along with additional time that requires work.

Recording in labor

The wording of the reason why the employee was fired depends on the grounds provided for in Article 81 of the Labor Code of the Russian Federation.

The general filling procedure is as follows:

1. First, they record the fact that the calculation has been made. The first word is always “Fired”.
2. Next comes the part dedicated to the reason. The wording must correspond to what is written in the legislation.
3. Further reference is made to the paragraph of the article devoted to the basis of the calculation.

Delivery procedure

To familiarize yourself with the text of the document, you can use the following options:

• hand over in person against signature, inviting you to your manager, individual entrepreneur or HR department;
• send by registered mail with notification by mail;
• hand over personally through a courier, another employee, or other third parties;

Each of the options is advisable to use in the appropriate situation.

In normal situations it is more convenient:

• invite an employee to the HR department;
• offer to read the document;
• offer to sign certifying familiarization with the contents;
• hand over to him the second copy or a certified copy.

When seasonal workers are away from the office, the following options are used:

1. Departure of an inspector or HR specialist to the brigade’s place of work, with prepared copies of notifications.
2. Invite the foreman or other authorized person to the office, give him notifications to the entire team and a trust order: distribute documents to the workers for signature.
3. Send notifications by registered mail or courier.

Regardless of the accompanying circumstances, a warning is mandatory in cases where it is established by law, within the time limits established by the regulations.

What to do if an employee refuses to sign a document?

If the dismissed employee does not sign the notice, the situation cannot be left to chance. Such actions are unlawful, but the risks of not signing the notice fall on the employer.

In this case use:

• sending by registered mail with notification of receipt of the letter;
• drawing up an act.

When reviewing the drafting of the act, you need to:

1. elect a commission of at least three people;
2. contact the employee in the presence of the commission;
3. read out loud the text of the notice of dismissal;
4. offer to put up a painting;
5. if the commission refuses to sign, a warning act is drawn up;
6. introduces into its content the fact of refusal to sign.

• act of refusal to sign the notification
• act of refusal to sign a notice of dismissal at the initiative of the employer

Should the employee be notified that he is about to be fired?

Termination of a contract with an employee may occur on the grounds specified in Art. 81 Labor Code of the Russian Federation, Art. 77 Labor Code of the Russian Federation. Based on the provisions of the law, the management of an enterprise can dismiss an employee on its own initiative for the following reasons:

• liquidation of the organization;
• staff reductions (we talked about 8 legitimate reasons for mass layoffs here);
• termination of the agreement;
• violations of labor discipline (the grounds for disciplinary action in the form of dismissal are listed here);
• failure to complete the probationary period;
• failure to fulfill official duties;
• lack of qualifications and so on.

The grounds for dismissal under the article and the procedure can be found here.

The employee must be informed about the upcoming termination of the contract - the notification period depends on the basis of the procedure (Article 71 of the Labor Code, Article 180 of the Labor Code, Article 79 of the Labor Code).

The notice is an official document, drawn up in writing, in which the employer informs the citizen of its intention to terminate the employment relationship. The employee must read the notification and sign, confirming the fact of familiarization.

When terminating a contract with foreign employees, notification is carried out according to the general procedure. However, the employer is additionally obliged to notify the migration authorities of his decision within 3 days.

Nuances for different types of contracts

An employment contract with an employee, as a rule, is concluded either on a permanent basis or for a certain period.

Depending on the type of contract, the procedure for dismissing an employee at the initiative of management naturally differs.

Urgent

If an agreement with a limited period of validity is drawn up, cooperation is terminated in accordance with the date established in the document.
However, if the enterprise is liquidated before the expiration of the contract, or the position is reduced, as well as if the employee has committed a gross violation of labor regulations or does not fulfill his duties at the proper level, the employer has the right to terminate the employment relationship ahead of schedule for the reasons given in Art. 81 Labor Code of the Russian Federation.

For some categories of employees who cannot be dismissed on the above grounds, provided for in Art. 81 of the Labor Code of the Russian Federation and other norms, labor legislation applies in full.

They can be fired only in accordance with the terms of a fixed-term contract, that is, within the established time frame.

How many days in advance do I need to report this?

The legislation of the Russian Federation establishes a warning period, that is, it indicates how much time in advance the management of the organization must necessarily warn the employee about the termination of the employment contract. The length of the notice period directly depends on the grounds for dismissal:

1. Failure to complete the probationary period - 3 days (Article 71 of the Labor Code).
2. Completion of a fixed-term contract - 3 days (Article 79 of the Labor Code).
3. Liquidation of the company and reduction of staff - 2 months. (Article 180 of the Labor Code).
4. Bankruptcy of an organization - 1 month. from the date the company was declared bankrupt (Federal Law No. 127 of October 26, 2002).

Does the day of receipt of notification count?

The countdown of the employee's warning period about the upcoming termination of the contract begins from the date following the day the citizen received the notification (Cassation ruling of the Kirov Regional Court No. 33–3652 of November 8, 2011, Article 14 of the Labor Code of the Russian Federation). The actual day of acceptance of the official notification is not taken into account in calculating the period.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

For example, a citizen was informed against signature about the upcoming layoff on December 20, 2019. The warning period is 2 months, the countdown will begin on December 21, 2019. The official date of dismissal must be no earlier than 02/21/2020.

For example, a notice of layoff was sent to the employee by mail on February 25, 2020. The notification of delivery of the letter is dated 03/03/2020. The warning period will begin counting from 03/04/2020. The dismissal date may not be earlier than 05/04/2020.

Termination due to external circumstances

Also, termination of an open-ended employment contract can be carried out due to circumstances that do not depend on the will of the parties . So, in particular, the following may be considered grounds for terminating an employment contract:

• receipt by the subject of a summons for military or alternative service;
• condemnation of the subject to punishment, which precludes the continuation of the previous labor functions;
• recognition of the subject as completely incapable of carrying out any labor activity according to the relevant medical report
• as well as a number of other circumstances.

How is a notification letter sent to an employee?

You can notify the employee of the termination of the contract by personally delivering written information or sending it by mail. With the latter option, the paper is sent by registered mail with an inventory of the contents and a return receipt.

Sending a notification by mail takes longer and requires calculating the warning period taking into account the delivery of correspondence. This method is mainly used when the employee is absent from work.

If an employee refuses to sign a notice of dismissal received in person, a report about this is drawn up. If, upon receipt of the notification by mail, the employee does not sign the notice of acceptance or the item is returned, this is confirmed by the information in the notification of delivery.

These documents will serve as evidence that the citizen was informed about the termination of the employment relationship within the period specified by law.

Content of the letter

There is no unified form for notice of dismissal , so the paper is drawn up randomly. Regardless of the grounds for termination of the contract, the notice contains general information:

• date and place of publication of the notification, outgoing number;
• name of the organization, details;
• Full name and position of the manager;
• Full name and position of the employee, his personal data;
• a descriptive part indicating the basis, reference to the legal act and the date of termination of the contract.

The nuances of issuing a notice depend on the reason for dismissal:

1. When terminating a contract due to violation of labor discipline, a notice is sent not of dismissal, but with a requirement to provide an explanation for one’s misconduct. Based on this paper, the dismissal procedure is initiated or stopped (in the absence of the person’s fault).
2. When liquidating an enterprise, the notification contains a reference to the basis for termination of the company's activities (minutes of the meeting of founders).
3. When staffing is reduced, the notice includes proposed alternative vacancies with a request to the employee to inform about his decision.
4. The notice of dismissal for failure to complete the probationary period shall indicate the reasons.

When transferring a document in person, it is advisable to make 2 copies for each party. A note indicating that the employee has familiarized himself with the paper is required .

Classification

Employees to whom Article 81 of the Labor Code of the Russian Federation applies may be guilty or innocent. This division depends on the presence of intent in the employee’s actions. In addition, the reasons for cessation of activity at an enterprise can be grouped into the following groups:

• Caused by changes in the organization of work.
• Related to the individual qualities of a specialist.
• Caused by the intentional actions of the employee.

  

What to do if you are fired without warning?

If an employee has not received notice of his dismissal or the notification deadlines have been violated, he has the right to apply to the authorized authorities to have the termination of the contract declared illegal and reinstated in his position. The basis for challenging is also the lack of evidence of informing the employee (there is no signature on familiarization, no act of refusal of the citizen to visa the document, the intention was stated orally, and so on).

Mostly, the authorities side with the employee and recognize the dismissal procedure as invalid. The exception is the liquidation of the enterprise, since it will not be possible to reinstate the employee in his position.

Where can I go for help?

If the dismissal procedure is violated and the procedure for informing the employee is not followed, it is advisable to file a complaint with:

• labor inspectorate;
• the prosecutor's office;
• court.

The complaint to the authorized authorities sets out in detail the situation, indicating facts that refute the legality of the dismissal (lack of notification, violation of deadlines, information, order, etc.).

The Labor Inspectorate and the Prosecutor's Office initiate an inspection. If the illegality of dismissal is confirmed, the employer may be held administratively liable and fines imposed.

Reinstatement is carried out through the court . To do this, a claim drawn up according to the rules of Art. 131 Code of Civil Procedure of the Russian Federation.

State fees and other legal costs are not charged to the employee . The claim is considered within 1–2 months, depending on the type of instance. Next, the parties are sent notice of the commencement of legal proceedings.

The decision is announced by the judge based on the evidence provided by the parties. If the dismissal is declared unlawful, the citizen is returned to his previous place of work with compensation for forced absenteeism (we talked about the dismissal of an employee for absenteeism here).

Additionally, it is possible to demand compensation for moral damage, but for this it must be proven (difficult financial situation, development of the disease, and so on).

Read about how to fire an employee if he doesn’t want to quit here.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The employee must be notified of the upcoming dismissal within the period specified by law. The form of the notification is arbitrary; it reflects the reason and other related nuances of termination of the contract.

Violation of the procedure for informing an employee becomes the reason for challenging the dismissal in court, with the subsequent reinstatement of the citizen in his position and payment of compensation to him.

Labor legislation obliges the head of an organization to adhere to a number of rules when dismissing employees. As a rule, the local acts of organizations and the employment contract state the employer’s obligation to notify about the impending dismissal of an employee. In order to reduce or eliminate possible disputes and claims from those being dismissed, the employer, following the regulations of the Labor Code of the Russian Federation, together with the personnel department prepares a proper notification.

The notice period for dismissal must be strictly observed, otherwise the document will not be considered legal.

Notice of dismissal and its legality

A notice is a document that is used by personnel officers by decision of the employer to notify about upcoming events in the organization, in this case the dismissal of an employee. The Labor Code stipulates the need to notify workers, but does not specify its format.

It is quite obvious that this is a mandatory stage in the dismissal procedure, which implies familiarization with the document (reading the notice) of the addressee. The legality of the notification is confirmed:

• transfer of a documentary message personally to the addressee (employee) against signature;
• sending the document by registered letter with notification.

If a document sent by mail is returned after 5 days, the employer does not bear responsibility here, since it is considered that he has completed his mission of notifying. If the addressee refuses to sign the letter, a corresponding act is drawn up.

Termination of an employment contract as part of the legal relations of the parties

The procedure for the dismissal of the parties.

Termination of an employment contract (dismissal) is a legally significant procedure that terminates all obligations of the parties to the labor relationship.

After termination of the contract, the parties are no longer employer and employee, and accordingly have no obligations in any area to each other, the employee is not obliged to carry out the orders and instructions of the boss, the manager is not responsible for the subordinate, and so on.

In addition, they are not legally bound and are no longer obliged to adhere to the chain of command.

The dismissal procedure is as follows:

1. A dismissal order is drawn up, with which the employee must be familiarized with signature;
2. Final calculations are made based on the time actually worked, no later than the day of dismissal;
3. An entry is made in the work book indicating the reason for dismissal;
4. The employee is given the documents due to him.

Common types of notices and deadlines for their delivery

At his own request, an employee may resign in cases specified in Art. 80 Labor Code of the Russian Federation. The employee does not send notice, but is obliged to notify of his decision by writing a letter of resignation 2 weeks in advance. In fact, the statement he wrote is a kind of notice of dismissal and is submitted in advance within the deadlines established by law.

The grounds for dismissal at the initiative of the employer may vary. Their nature can be described as unforeseen and completely predictable, planned.

This is discussed in detail in Art. 81 Labor Code of the Russian Federation.

For example, common reasons for dismissal are: cessation of the organization’s activities, staff reduction, there are also a number of grounds for denouncing an employment contract due to the fault of the employee. In such cases, those being dismissed are notified in advance through notices. Hence, there are several types of notifications, which are drawn up, although in the same form, but indicating different reasons and decisions made.

Let's look at some of them.

the notification must indicate the reasons according to which it is recognized that the employee did not pass the test;

The specified general grounds for dismissal are valid for residents of the Russian Federation and foreigners. They have nothing to do with the citizenship of workers. A foreigner can also be dismissed for special reasons (expiration of the VHI policy, work permit, etc.).

The specificity of the procedure for dismissing foreign workers is that after dismissal, migration services also need to be notified within three days. Such documents must contain all the information about the dismissed foreigner: full name, profession, legal basis of labor relations, registration data, date and reasons for dismissal.

The notification is delivered by mail or delivered in person.

Grounds and conditions for dismissal

The employer can terminate the contract at will on the basis of any guilty or innocent actions of the employee.

For guilty actions

This Code regulates the termination of a contract if the employee is at fault on the grounds described below.

Repeated failure by an employee to fulfill his job duties, without a valid reason, when he has a disciplinary sanction. This is a last resort disciplinary measure.

Therefore, the employer is obliged to strictly follow the procedure for dismissing an unscrupulous worker. Also, upon dismissal, the following legal conditions must be met:

1. Violation of discipline by an employee, complete or partial failure to fulfill his job duties.
2. Unfulfilled duties must be noted in the contract, internal labor regulations, job descriptions, and technical rules.
3. The presence of the employee’s guilt in failure to fulfill an obligation and committing a violation intentionally or through negligence.
4. Failure to perform duties occurs repeatedly.
5. Any previous violation has resulted in a reprimand or reprimand.
6. The worker is required to provide an explanation for each case of violation.
7. No more than 1 year has passed since the first penalty was imposed.
8. The first penalty has not been removed from the employee.
9. The worker is not on annual leave or sick leave.
10. No more than 6 months have passed since the commission of the second violation for which he is going to be fired.

The Labor Code also provides for the possibility of dismissing an employee who manages monetary or other valuables due to his committing guilty actions that led to a loss of confidence in him.

Termination of a contract at the initiative of the employer is possible due to the commission of an immoral offense by a worker whose job is to educate someone. Such an act must be incompatible with the moral principles of this work.

On this basis, it is possible to dismiss only those employees who are engaged in educational work, regardless of where the bad offense was committed: at work or at home.

Dismissal of a person from a leadership position is possible for:

• carrying out any actions without reason, the consequence of which was a violation of the safety of property;
• unlawful use of the organization's property;
• other damage to property belonging to the organization.

A person in a leadership position can also be fired for serious breach of his or her duties. For example, this may be the commission of actions that could result in harm to the health of other workers.

An employee who, when applying for a job, provided the employer with false documents, is also subject to dismissal.

No admission of guilt

The Labor Code defines the following non-culpable grounds:

1. Termination of the activities of an enterprise, branch or individual entrepreneur.
2. Reduction of employees of an organization or individual entrepreneur. In this case, dismissal can only occur when it is impossible to provide the employee with another position that meets all his requirements. It is also necessary to take into account that such an employee has an advantage in remaining in his previous position.
3. Insufficient qualifications of the worker and, as a consequence, his inadequacy for his position. This can be found out during certification.
4. The impossibility of providing an employee with another position for which he does not have health contraindications.
5. In relation to people who occupy management positions or positions of deputy managers, a change in the owner of the organization is possible. In this situation, the owner must change in its entirety.
6. Actions that were determined by the employment contract with the head of the enterprise and members of its collegial executive body. For example, violation of the ban on external part-time work, failure to comply with the decision of the general meeting of participants, a decrease in the organization’s performance indicators, and others.
7. Other cases established by this Code and federal legislation.

The mandatory procedure for removal from work for each of these grounds has a certain procedure.

You can learn how to make changes to an employment contract at the initiative of the employer in this video.

Registration of notice of the upcoming dismissal of an employee

In all cases of dismissal where notice is required, the responsibility for drawing it up, getting it endorsed by the employer and sending it to the employee rests entirely with the HR department. The person responsible for notifying the dismissed person prepares a stamped form indicating:

• date of notification;
• outgoing number;
• organization details.

Despite the fact that there is no approved standard form for such a document, the structure of the document, which all organizations take as a basis, is identical in all cases.

In this way, it is possible and necessary to notify the employee not only about layoffs, dismissals, but also about transfers, vacations, etc. The form remains the same, only its content changes.

Procedure

Despite the presence of some peculiarities when dismissal for certain reasons, a generalized procedure can be distinguished:

1. Preparation of documents that confirm the existence of grounds. The list of these documents directly depends on the reasons why the employer wants to terminate the employment contract with the subordinate. For example, during liquidation, this may be a copy of the decision made on the upcoming procedure; in the event of an employee’s inadequacy for the position, it may be the results of certification, etc.
2. Preparation of an order for the upcoming dismissal. It is drawn up in a unified form and must contain an indication of the specific reason for terminating the employment relationship with the employee.
3. Familiarization with the upcoming procedure for the employee. In some cases, it is necessary to comply with the deadlines established for this, in others, to require a written explanation from the subordinate (for example, in the case of a gross violation of duties). The fact of notifying the employee is confirmed by his signature in the relevant dismissal order.
4. Settlement with an employee. On the day of dismissal, he must receive wages and money for unused vacation. , severance pay is also provided .

Another document that must be filled out and given to an employee upon dismissal is his work record book. If there is a delay in issuing the book, the manager may be punished. The same applies to cases of illegal dismissal.

The state pension co-financing program is a significant contribution to the financial stability of pensioners. Indexation of pensions in 2016 - full information on this topic is located in our article.

Unused vacation and its compensation are described in our article.

Dismissal of the organization's management team

The management of the organization, including the general director, as well as ordinary employees, have the right to resign at their own request, since Art. 37 of the Labor Code of the Russian Federation prohibits forced labor.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The right to voluntarily decide to work or not applies equally to all citizens. The General Director is obliged to notify the organization (general meeting of participants, etc.) of his decision one month in advance.

d.).

The director and any other manager in the organization can be dismissed on a general basis. The design and procedure of the procedure generally follows the generally accepted procedure.

The only difference is that the issues of dismissal of a director and notification are related to the authorized bodies of the organization (board of directors, founders, etc.).

Moreover, the notice period for the dismissal of a director increases to a month. Otherwise, the dismissal (and notification) procedure remains unchanged.

If the director is the only participant in the company, then the dismissal process is simplified. He doesn't have to send himself a notification and wait until the end of the month.

A decision is simply made and an order is issued. If there is a change of ownership, notice of dismissal must also be given one month in advance.

The new owner has the right to initiate the dismissal of the former deputy director and chief accountant within 3 months.

Example 1. Familiarization of an employee with a notice of denunciation of a fixed-term employment contract due to the end of its term

The head of the personnel department handed V. A. Serebryanik 3 days before the end of the employment contract (until November 13, 2021) 1 copy of the notice of dismissal. The document includes:

• reason for dismissal - expiration of the contract;
• the date of dismissal is similar to that specified in the employment contract, that is, November 13 of the current year;
• Below the text is the signature of the employer.

The application is recorded under a number in the registration journal. The timing of the notification and the format of the notification itself were observed correctly. The notification is considered lawful. The employee read the document and signed it.

Example 2. Notification of an employee about staff reduction at Buttercup LLC

Limited Liability Company "Lutik"

Notification to Morina Irina Petrovna

(Head of AHO)

Dear Irina Petrovna!

In connection with the staff reduction of employees of Lyutik LLC (order dated October 18, 2016 No. 19-od):

1. We are warning you about the upcoming dismissal on December 15, 2016 (under Article 81, Part 1, Clause 2 of the Labor Code of the Russian Federation).
2. We inform you about the availability of a vacancy for an operating technician at Buttercup LLC as of 10/11/2016. The salary for this position is 10 thousand rubles.

General Director (signature) P. R. Olesov

What reasons could there be?

The reasons for dismissal from work are set out in the Labor Code of the Russian Federation in article 77 . It provides for the possibility of terminating the employment relationship in the following cases:

• probation;
• own wish;
• expiration of the period specified in the contract;
• breach of duty;
• for a long walk.

It also includes those listed above: reduction at the enterprise and mutual consent.

During the probationary period

The procedure for dismissal during probation is prescribed in Article 71 (Part 4) of the Labor Code. The application is submitted 3 days before the day of dismissal . And the period is calculated from the moment the document is received by management.

If for some reason a person undergoing a probationary period is declared unfit to perform the duties assigned to him, then the employer has the right to dismiss the candidate before its end (Article 1, Part 1). The employee is notified of this 3 days before dismissal, in writing.

At your own request

Most citizens who decide to stop working in a particular organization quit in this way.

Important! Management has no right to interfere with the wishes of the employee. His legitimate desire to leave his job must be satisfied.

The employee notifies the administration 2 weeks in advance by submitting a written application. At the same time, according to the Labor Code, he is required to work for 14 days so that management can find a suitable replacement for him. The employer can fire him on the day the application is submitted.

Reference! On the day of dismissal, calculations are made, payments are made, and a work book is issued with a record that he was dismissed of his own free will. Such dismissal is regulated by Part 3 of Article 77 of the Labor Code.

By agreement of the parties

At its core, such an agreement means termination of the employment contract. The possibility of its conclusion is provided for in Article 78 of the Labor Code, but there is no procedure clearly defined in the law on this basis. As usual, a termination document is drawn up and signed by both parties. The document should reflect all the nuances: whether there is work or not, compensation, and the like.

Attention! Although the procedure for this type is similar to voluntary dismissal, it is almost impossible to cancel the decision made (at least legally).

Due to the expiration of the employment contract

There are 2 types of employment contracts:

1. Urgent . It is concluded for the duration of certain work or the absence of the main employee. Can be concluded for a period of no more than 5 years .
2. Constant . Such an agreement is concluded for an indefinite period .

Dismissal upon expiration of the contract is regulated by Articles 79 of the Labor Code and 77 (Part 1, clause 2). Article 79 indicates that the employment relationship ends with the expiration of the contract.

The reason for their completion is indicated, i.e. expiration of the contract. However, they can be continued if the parties decide not to terminate cooperation.

The employee is sent a notice 3 days before the end of the contract. Then a corresponding order is drawn up - it is also given to the employee for review against signature. If he refuses to endorse the documents, a corresponding act is drawn up. Then the work book is calculated and issued.

Due to the reduction in number (staff)

Before the start of the procedure, the staffing table is changed or the final number of personnel is determined, the trade union is notified, then the employees who cannot be fired according to Art. 261 TK. People who have been laid off are notified of this 2 months before the layoff against signature, i.e. in writing.

There is no clear procedure in the legislation, but after the appointed date, dismissal takes place in the established form: an order against signature, calculation and issuance of a work book.

Due to violation of labor duties

If an employee violates labor discipline or refuses to perform his duties without good reason, he is subject to disciplinary action. The last resort is dismissal. In this case, it is carried out under Article 81 (Part 1 P.5).

Important! Dismissal can only be made if the violations continue after the penalties.

Long-term absent employee

Absence from work without good reason for more than 4 hours is considered a violation for which disciplinary action is imposed. The procedure is regulated by Article 81 of the Labor Code of the Russian Federation.

Attention! The very fact of absenteeism, the absence of valid reasons, must be documented.

Answers to frequently asked questions

Question No. 1: How can an employee express consent to work in a new position proposed by the employer in a notice of staff reduction?

The response to such a proposal in the notification itself should be brief. The employee writes in free form what date he received the notification, and also that he has read it and agrees to transfer to the proposed position. Next to it you need to put the date the answer was written and a personal signature.

Question No. 2: Can an employer send notice of dismissal while the employee is on sick leave?

No. Sick leave, like vacation, gives the employee a special right under which he cannot be fired.

Only after this period (end of vacation, illness), when the employee returns to work, the employer can carry out the dismissal procedure and notify the employee about it.

Reduction in headcount

This basis is formulated in paragraph 2 of Art. 81 Labor Code of the Russian Federation. Here, as in the previous case, it is necessary to prove the existence of a number of facts. First of all, the reduction in numbers must be real and justified. The reasons may be the introduction of new standards for the maintenance of technical equipment used by the employer. For example, according to the previously existing rules, three specialists must monitor the operation of the mechanisms, and after their improvement - two. In this case, the manager, for completely legal reasons, can dismiss one employee from his position under clause 2 of Art. 81 Labor Code of the Russian Federation. It is prohibited to arbitrarily reduce the number of employees due to the lack of sufficient funds to pay their salaries.