Why should you fire your accountant? Find out here.

What does it mean to be unsuitable for a position?

This term means that an employee lacks the necessary knowledge and experience to implement job tasks. Due to low qualifications, a person cannot perform his job duties efficiently. Management comes to the decision to dismiss an employee when there are regular violations of the quality requirements that apply at the enterprise.

An employer may take the following measures in relation to an employee:

retention of the position for the employee subject to an increase in the level of qualifications;
transfer of an employee to a position that corresponds to his knowledge and experience;
dismissal under article for inadequacy of the position held.

The Labor Code (clause 3 of Article 81) states that the level of professionalism of an employee and his suitability for the position can be determined by checking the level of required knowledge. Testing is carried out by the certification commission.

How to fire a chief accountant without his desire according to the law, for inconsistency, for lack of trust - Case

In any modern enterprise, the position of chief accountant is one of the most responsible and significant.

Since this category of employees has special obligations, the process of dismissing them is often complicated.

It is for this reason that it is useful for every manager to know how to fire the chief accountant without undesirable consequences. The following will describe the main questions that may arise in such a situation.

When and for what reason can you fire the chief accountant without his desire according to the law?

There are several reasons why an employer can dismiss a chief accountant according to the law without his desire. In any case, the head of the organization must ensure that the entire procedure is carried out without any violations. Only in this case will the enterprise be able to avoid negative consequences.

Staff reduction

The employer has the right to dismiss the chief accountant due to staff reduction. It does not matter whether such actions are appropriate or not.

The main condition is that the reduction of employees should not be formal, but real. Quite often, managers, under the guise of layoffs, get rid of “undesirable” personnel. At the same time, a new specialist will soon be hired to fill the vacant position. However, it is important to understand that if a fired employee goes to court with a claim, he will most likely be reinstated.

In this case, the employer will be obliged to pay him wages for the entire period of forced absence. In order for staff reduction to be real, management must issue an order to reduce the number of staff of the enterprise. The document must also contain information about changes to the staffing table.

In this case, the employee must be notified of the planned staff reduction at least 2 months in advance. He must sign to confirm that he is aware of the proposed reduction in staff.

Change of owner

The Labor Code allows the employer to dismiss the chief accountant upon a change of ownership. Despite this, managers should be aware that certain conditions and restrictions for such actions are still provided for by modern legislation.

Dismissal of the chief accountant upon change of owner is allowed only if the following nuances are present:

the dismissal of a chief accountant who is in a position cannot be carried out;
the calculation can be carried out after the actual state registration of the change of owner (and not during the reorganization process);
In case of dismissal due to a change of ownership, the chief accountant must be paid severance pay (at least 3 salaries).

By complying with the above requirements, the employer will be able to avoid possible fines and litigation.

For violation of duties

In the event that the chief accountant repeatedly fails to fulfill his labor obligations without good reason, the manager has every right to dismiss him from his position. In this case, it is important that the employer has factual evidence in the form of comments and reprimands to a specific subordinate. These requirements are specified in Article 81, paragraph 5 of the Labor Code of the Russian Federation.

For mistrust

In this case, the chief accountant can be dismissed only after providing significant evidence. The facts must prove that the employee has previously committed actions due to which the employer cannot trust him in the future.

It is not at all necessary to contact the department of internal affairs for this. In this case, the manager has the right to conduct his own investigation. This requires the formation of a special commission. The reason for conducting an investigation may be the filing of a report or memo.

The complaint must be made by the supervisor of the suspected employee. During such investigations, an inventory may be taken. It is often required to confirm the fact of theft of valuables or shortages. To carry it out, the employee must take a receipt from his subordinate about the monetary and material assets that are available and listed among those written off.

For inadequacy of the position held

In this case, it is possible to dismiss the chief accountant if the specialist is not sufficiently qualified. For legal dismissal, the manager must provide documents confirming the employee’s insufficient qualifications. The evidence may be the absence of a document confirming the availability of appropriate education, or the results of the employee’s certification.

Other legal grounds

The head of the enterprise has the right to dismiss the chief accountant from his position if:

Another valid reason why a chief accountant may be fired is the commission of an immoral offense in the process of performing educational functions.

The procedure for terminating an employment contract with an employee

Before dismissing the chief accountant at the initiative of the employer, you need to familiarize yourself with the procedure for terminating an employment contract with a subordinate. First of all, the head of the enterprise must issue a decree on the transfer of responsibilities to a new employee.

The document must reflect:

a list of persons who will take part in the transfer and acceptance of cases;
the deadline for the acceptance and transfer procedure (determined based on the date of resolution of tax and accounting documents);
the procedure for processing documents, as well as acts of acceptance of office work (a new employee may be brought in).

After this, the employment contract with the chief accountant can be terminated.

What documents need to be completed?

Before the dismissal of the chief accountant, an inventory of property and a check of obligations (materials, goods, settlements with creditors and debtors) are carried out. The results of the inventory must be attached to the act of acceptance of the transfer of cases.

The following documents are checked and prepared:

tax and accounting registers;
registration and constituent documents;
reporting submitted to extra-budgetary funds;
primary accounting documents (agreements with suppliers, invoices, acts).

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How to transfer cases?

By the time the cases are transferred, all reporting documentation must be in order. Primary documents are filed in nomenclature file folders. The fact of transfer of accounting documents is signed by both the new accountant and his predecessor. If a new specialist has not yet been hired, an order may be issued to accept documents for one of the company’s employees.

Features of dismissal of a pensioner

If appropriate circumstances exist, dismissal of a chief accountant who has reached retirement age at the initiative of the employer is possible. To do this, the manager can use all the reasons that have already been listed above.

What payments are due to a dismissed employee?

When dismissing a chief accountant, the employer expects:

When calculating wages, days worked are taken into account, as well as pay rates. The last working day is the day of dismissal (included in wages). The chief accountant is a significant figure in any commercial organization.

The appointment and dismissal of this specialist in accordance with the constituent documents is carried out by management. There is no special procedure for dismissing the chief accountant in the Labor Code of the Russian Federation. Accordingly, an employee can be removed from obligations not only at will, but also by decision of his superiors.

On what grounds and how to competently dismiss a chief accountant at the initiative of the employer?

Sometimes the chief accountant is not satisfied with the management, and the question arises of how to get rid of the unwanted employee by establishing a legal framework. In what situations can you force the main accountant to pay voluntarily, without resorting to dismissal for an unflattering article?

Release at the initiative of the employer: legal framework

Dismissal at the initiative of the employer is regulated in the Labor Code of the Russian Federation, Art. 81, which provides for such real situations :

inconsistency with the position held (identify inaccuracies, errors, unreliability of data, or lead to negative certification results);
failure to comply with superiors’ orders regarding the functions provided for in the job description;
absence from work without warning to management and without valid justification, which can be equated to absenteeism;
if an employee is found drunk at work;
when disclosing a company's trade secret or any information about a colleague;
identifying the fact of misappropriation of enterprise funds or their waste, which can be regarded as a loss of trust.

How to fire a chief accountant without his consent according to the law? If desired, you can find incriminating evidence on any person or interpret a simple event in such a way as to bring it under the “article”.

In order to get rid of an undesirable personnel, it is necessary to identify violations specifically in his work activity, that is, in the employee’s work specifically as a chief accountant.

Failure to provide reliable information

If the chief accountant did not provide reliable data, for example, when submitting tax returns, or information to the Pension Fund of the Russian Federation, then penalties will follow. The management may not even be aware; they will become aware of the problems from a letter from the relevant authority , and may also be identified during an inspection.

This is 100% the fault of the chief accountant; when making claims and a request for dismissal, one should refer to clause 3 of Art. 81 Labor Code of the Russian Federation.

Payment of fines by an enterprise during a tax audit

In paragraph 6 of Art. 108 of the Tax Code of the Russian Federation states that a taxpayer enterprise is not obliged to prove its innocence; the evidence base remains with the opposing party. Therefore, in the case when an enterprise paid fines during a tax audit, which means that the chief accountant identified violations of tax legislation, dismissal is possible under clause 9 of Art. 81 Labor Code of the Russian Federation.

The guilt of the head of the accounting department should be proven using a report based on the results of an audit by the tax inspectorate, or by involving an auditor.

Failure to provide information required by internal and external reporting users

One of the tasks at the enterprise is the need to provide information to internal and external users of financial statements.

By not providing the required information, the chief accountant directly violates the requirements of the Law “On Accounting” , that is, he does not fulfill his official duties, and for this he faces dismissal under clause 6 of Art. 81 Labor Code of the Russian Federation.

Losses

Such behavior may be qualified as an incorrect decision that led to disastrous results; in such cases, dismissal falls under clause 9 of Art. 81 Labor Code of the Russian Federation.

Other reasons

It may seem to management that the main holder of finances is dishonest , or does not have the necessary skills at all, or incorrectly interprets legislative acts. This can also be a reason to part with an unimportant employee.

Is it possible to remove due to loss of trust and how to do this?

Dismissal due to loss of trust falls under clause 7.1 of Art. 81 of the Labor Code, however, this paragraph states that this is only possible when this employee is directly connected with monetary or commodity values and works with them.

How to prove that an employee is not suitable for his position

If at the time of hiring a worker the professional requirements for the position were not specified, it is impossible to prove his non-compliance. There is no description of the term “qualification” in the Labor Code of the Russian Federation. The level of professional suitability is determined by the ability to perform assigned tasks efficiently.

You can identify an employee’s inadequacy for the position held in the following ways:

employee certification;
performance assessment based on GOST and other labor standards;
Compliance of education with the position held.

If an employee refuses to master the innovative technologies being introduced, this also serves as grounds for dismissal.

Release at the initiative of the employer: legal framework

Dismissal at the initiative of the employer is regulated in the Labor Code of the Russian Federation, Art. 81, which provides for such real situations :

inconsistency with the position held (identify inaccuracies, errors, unreliability of data, or lead to negative certification results);
failure to comply with superiors’ orders regarding the functions provided for in the job description;
absence from work without warning to management and without valid justification, which can be equated to absenteeism;
if an employee is found drunk at work;
when disclosing a company's trade secret or any information about a colleague;
identifying the fact of misappropriation of enterprise funds or their waste, which can be regarded as a loss of trust.

Conducting employee certification

Certification refers to the analysis of an employee’s knowledge and skills. The assessment is carried out on the basis of parameters established by the company's management.

IMPORTANT! In a number of enterprises, certification is carried out once a year. After successful completion of testing, the employee receives a special certificate, which reflects information about the previous and current certification.

There are two options for testing employee knowledge:

Planned. It is carried out for individual divisions of the company in a specific period or when an employee is transferred to a more responsible position.
Unscheduled. Assigned to all employees or individual workers.

Employees are required to be notified of the certification. Testing consists of the following stages:

analysis of documentation affecting the employee’s work activities;
an interview with the employee and his boss (if necessary);
making a decision and drawing up an attestation sheet.

ATTENTION! The decision of the certification commission is supported by facts that are documented. The employee’s knowledge test report is drawn up in two copies. One is attached to the personal file, the second is given to the employee.

Procedure for dismissing an employee in case of non-compliance

If a decision is made to dismiss an employee under Art. 81 of the Labor Code of the Russian Federation, it is necessary to adhere to the procedure for carrying out the procedure. The employee has the right to challenge the termination of the employment agreement in court.

The dismissal procedure in accordance with current legislation proceeds as follows:

carrying out certification;
providing the employee with another workplace with less stringent requirements (if there are vacancies);
agreement with the trade union on the removal of an employee from his position;
drawing up an order to terminate the employment relationship (the employee must read the document and sign it);
entering information into the work book and personal card of the hired employee;
payment of monetary compensation and other payments within two weeks from the date of dismissal;
transfer of documents to a dismissed employee.

The dismissal process begins no earlier than two months after completion of certification. The company may provide the opportunity to re-take the test by temporarily suspending the employee from his position.

ATTENTION! If an employee is fired due to poor health, a medical examination report is required, which confirms the inability to perform job duties due to decreased performance.

How to fire a chief accountant due to lack of trust

Let’s say right away that this is not the safest formulation, because it cannot be applied to everyone, even if there are grounds. In this article, we will look at the cases in which the chief accountant can be fired for loss of trust.

How to do this so that later you don’t have to reinstate him at work by court decision.

It is better to know this in advance, because some features of such dismissal must be provided for at the stage of hiring the chief accountant.

Grounds for dismissal for loss of confidence

If you no longer trust an employee, you can fire him with reference to clause 7 of part 1 of article 81 of the Labor Code of the Russian Federation. Of course, the subjective “I don’t trust” cannot serve as a reason for dismissal. There must be grounds for this; the employee’s guilt must be proven and documented.

On this basis, an employee can be fired if he serves monetary or commodity valuables and has committed guilty actions due to which they no longer trust him.

Please note that there is not a word here that the employee committed these actions intentionally and the company suffered any damage. It may also happen that there is no damage, but trust is lost. For example, if an employee was negligent in his work: did not comply with the rules for storing commodity or monetary valuables, allowed strangers in, did not lock the premises, etc.

Who can be fired for lack of trust, and who cannot?

The most important thing: on this basis, you cannot dismiss an employee if he did not service monetary or commodity values, and therefore was not a financially responsible person. The Labor Code simply does not provide for this.

The appendix to the Resolution of the Ministry of Labor and Social Development of December 31, 2002 No. 85 lists positions with which it is possible to sign agreements on full financial responsibility. Clause 7 of Part 1 of Article 81 of the Labor Code of the Russian Federation concerns them primarily. Such employees can be fired for loss of trust if there are grounds for this.

It does not matter whether the employer and the employee entered into an agreement on financial liability, because This is not an employer's obligation, but a right. The very fact that a person occupies such a position already means that he serves material and monetary values. This follows from the employment contract and job description.

And now attention: the chief accountant and an ordinary accountant are not financially responsible employees, and they are not in the above List. Even if the chief accountant did something bad and the employer stopped trusting him, you will have to look for another way to part with him, because the reason “for loss of trust” will be illegal.

Appeal ruling of the Volgograd Regional Court in case No. 33-12212/2017 dated July 21, 2017. The chief accountant accrued more salary to herself than she should have, and also gave money to the director.

Based on the auditors' report on the results of the audit, she was fired at the initiative of the employer for loss of trust.

But the chief accountant went to court, and by a court decision she was reinstated in her position, plus she was paid compensation for forced absences.

The court decided that the dismissal of an accountant due to loss of confidence under clause 7 of part 1 of art. 81 of the Labor Code of the Russian Federation is not provided for by the law, because its responsibilities do not include the reception, storage and distribution of funds. It also did not follow from the employment contract and job description that she had such responsibilities.

It’s another matter if, under an employment contract, an accountant also performs the duties of a cashier or other functions that involve servicing material or monetary assets, and this follows from the employment contract, job description and other documents. In this case, it can be brought under the article “for loss of trust.”

In any case, pregnant women and employees on sick leave or on vacation cannot be fired for loss of confidence.

Another prerequisite for dismissal due to lack of confidence is the presence of proven guilt. So, if a shortage is identified in a materially responsible employee, but there is no evidence that it was certain actions of this employee that led to the shortage, then it will not be possible to fire him for loss of trust. The court finds this illegal.

One example is the Ruling of the Ryazan Regional Court No. 33-1756 dated 10/07/2009.

By the way, it is possible to terminate an employment contract with an employee for loss of trust, even if he has committed an offense unrelated to his work duties.

If an employer learns of any proven illegal actions of an employee outside of work, he can also be fired under this article, but only for one year. In this case, there is no need to prove the employee’s guilt.

The evidence will be a court decision that has entered into force or a protocol on an administrative offense.

How to fire a chief accountant for loss of trust: procedure

If it is important for you to part with the chief accountant with just such an entry in the employment record and you have evidence of his guilty actions, then first make sure there are no violations on your part. The employee will be able to use them to challenge your actions. Check whether all personnel documents with this employee are properly executed (orders, agreement, personal T-2 card).

Look at the wording in the employment contract and what is stated in the responsibilities: are there any functions related to the maintenance of commodity and monetary assets. It would be a good idea to check the correctness of the calculation of average earnings and the timely transfer of salaries and vacation pay. All this will help avoid further claims.

If everything is in order with the documents, follow the following algorithm:

Carry out measures to establish the employee’s guilt (internal investigation, inventory, etc.) and document the results with appropriate acts.
Get a written explanation from the employee. He is given two working days to do this. If you don’t provide it within this time, draw up a report about it.
Issue a dismissal order with appropriate grounds. List and attach supporting documents.

Sample order:

4. Familiarize the employee with the order against signature. Three working days are allotted for this. If the employee refuses to sign it, draw up a report about this. This is not an obstacle to dismissal. 5. Make an entry in your work book:

Remember that if you do not have sufficient evidence that the dismissed employee was not involved in servicing commodity and monetary assets, or you violate the dismissal procedure, the employee can seek reinstatement through the court.

If you decide to part with your chief accountant and want to avoid possible problems associated with this, contact 1C-WiseAdvice. We will take care of the legal support of the dismissal procedure and help with the preparation of all necessary documents.

What else needs to be taken into account when dismissing a chief accountant

To avoid the loss of data and documents when the chief accountant is dismissed, draw up an act of acceptance and transfer of cases listing accounting documents, as well as missing documents.

The obligation to create such a list must be provided for in advance in the job description of the chief accountant.

Such an act is also needed if the functions of the chief accountant are transferred to an outsourcing company.

The manager has the right to form a commission for the acceptance and transfer of cases and include in it both internal employees (deputy chief accountants, auditors) and external resources (audit of accounting activities). We recommend including an inventory of assets and liabilities, including accounts receivable and payable, among the mandatory activities.

Responsibility of enterprise management in case of illegal dismissal

If an employee manages to prove in court that the employer was wrong in dismissing him for loss of trust, he will have to reinstate the employee in his position and pay him the average salary for the entire period of forced absence, and also, possibly, compensate for moral damages (Articles 234, 237, 394 Labor Code of the Russian Federation).

In addition, the employer may be fined for violating labor legislation under Article 5.27 of the Code of Administrative Offenses of the Russian Federation:

organization - in the amount of 30 to 50 thousand rubles;
official - in the amount of 1 to 5 thousand rubles.

To avoid problems with a chief accountant who does not live up to expectations, outsource your accounting to 1C-WiseAdvice. We are financially responsible for the results of our work, so we are interested in everything being honest and transparent.

In what cases can you not be fired under such an article?

In accordance with the Labor Code of the Russian Federation, there are categories of workers who cannot be dismissed for non-compliance with the position. These include:

employees absent due to illness or on vacation;
women raising a child under three years old;
single mothers or fathers raising children under eighteen years of age;
pregnant employees;
employees who support three or more children under 18 years of age (if the employee is the only breadwinner in the family).

If there is a reduction in staff, the employee must be offered an alternative vacancy. The employee can agree or resign of his own free will.

Sample of the corresponding entry in the work book

An employee's dismissal is recorded as follows:

a line is indented from the previous entry;
the new entry is given a serial number;
the date of dismissal is written in the “Number” line;
in the “Information...” column the reason for ending the employment relationship is indicated;
in the column “Name and number of document...” the number and date of the order are indicated.

Sample entry in a work book:

Challenging an employer's decision

The employee retains the right to challenge the employer's decision. This can be done in court or by contacting the labor inspectorate. The claim must be filed in court within three months after the termination of the employment agreement.

The labor inspectorate examines violations of the rights of a dismissed employee by the employer.

To challenge dismissal due to inadequacy of the position held, you must submit a free-form application with the mandatory display of the following information:

the name of the labor inspectorate where the complaint is being filed;
Full name and residential address of the applicant;
name of the employing company;
arguments about the employer’s violation of citizen’s rights;
signature and date of the application.

If necessary, other documents are attached to the complaint that can confirm the fact of illegal termination of the employment contract.

Is it possible to fire an accountant for loss of trust?

If a specialist who is entrusted with serious responsibilities affecting the life of the enterprise has violated the law and caused harm to the company, it is better to terminate the employment relationship with him. Let's figure out whether it is possible to fire an accountant for loss of trust, how this procedure is carried out and what risks it entails.

The possibility of dismissal in such situations is established by Article 81 of the Labor Code; paragraph 7.1 is devoted to this issue.

It is clearly stated here that the chief accountant can be removed from his position only if his duties include direct servicing of commodity-money assets and he disposed of them to the detriment of the enterprise.

If transactions with material assets, cash and non-cash payments were carried out by a storekeeper or cashier, there will be no legal grounds to dismiss the chief accountant for loss of trust. In addition, termination of employment relations on this occasion is impossible if:

the employee is pregnant;
The specialist who committed the guilty actions is on sick leave or on vacation (dismissal becomes possible when the chief accountant returns to work).

Grounds for mistrust of the chief accountant

Grounds for loss of trust may be related to violation of the law or the interests of the company as a result of deliberate criminal acts, negligence or incompetence of the chief accountant.

Law violation

It's about bribery; making non-cash payments from company accounts not for their intended purpose, but for personal needs; Unjustified issuance of cash to employees or contractors. It is not difficult to dismiss the chief accountant for loss of trust in such situations, but it is necessary to have supporting documents, in particular reports of internal and audit inspections that revealed:

shortage or surplus of money, materials, products;
untimely completion of primary accounting;
issuing cash without the necessary registration;
release of materials or products to unauthorized persons or without proper invoices;
incorrect posting of material assets;
other accounting irregularities;
theft.

Inconsistency with the position held

Guilty actions are often caused by incompetence. Due to poor professional training, the chief accountant may keep records incorrectly or make unfounded decisions that create conditions for theft and loss of material assets.

Certification allows you to identify the inadequacy of a specialist for the position held. It can only be carried out according to the approved regulations, which the chief accountant must be familiarized with under signature even before being hired for the position. The basis for certification are orders in which:

the rules of procedure are prescribed;
an attestation commission is appointed with the obligatory participation of a representative of the committee of the primary trade union organization;
the content of the certification sheets is determined.

Before dismissing an accountant for incompetence resulting in loss of trust, the employee must be offered vacant positions that correspond to his qualifications. The employee agrees to the transfer or refusal in writing.

Offenses not related to work

Loss of confidence in the chief accountant is possible as a result of events not related to the performance of official duties. This norm is spelled out in the Resolution of the Plenum of the Supreme Court, adopted on March 17, 2004. However, even in such a situation, documentary justification is required. It can be considered, for example, a court decision where the fact of bringing a person to criminal liability under any article of the Criminal Code of the Russian Federation is recorded.

Conducting an investigation into the activities of the chief accountant

Since it is possible to dismiss the chief accountant for actions that caused mistrust only if a certain procedure is followed, management must adhere to the regulations prescribed in Article 193 of the Labor Code.

If the employer decides not to contact law enforcement agencies, but to conduct his own investigation, he must implement a number of measures.

Request a written explanation from the chief accountant regarding the identified violations. It takes 2 business days to receive the document. This step is not necessary when the loss of trust is caused by circumstances unrelated to work.
If an employee ignores a requirement, it is necessary to draw up a report about this.
Conduct an inventory if you need to confirm the fact of a shortage. Before this, take a receipt from the chief accountant in which he will indicate that retired monetary and material assets have been written off, and existing ones have been capitalized.
Conduct an accounting audit.
Record the results of the audit in a report signed by all members and the chairman of the commission that conducted the audit. If the facts that caused mistrust are confirmed, the commission can make proposals in the document to punish the guilty employee.
Issue a dismissal order.
Familiarize the employee with the order against signature. 3 working days are allotted for this. If the dismissed chief accountant refuses to sign confirming that he is familiar with the order, draw up a report about this.
Enter the following entry into the employee’s work book and personal card: “Dismissed for committing guilty actions giving grounds for loss of trust on the part of the employer, paragraph 7 of part 1 of Article 81 of the Labor Code of the Russian Federation.” In both documents, after this entry, the employee’s signature is required.

The terms of the dismissal procedure due to loss of confidence are regulated and depend on the circumstances, amounting to:

1 month after discovery of the fact of official misconduct;
6 months from the date of its commission;
2 years from the date of commission, if the fact was revealed during an audit or audit;
1 year from the date when the employer learned of a crime committed that does not relate to work activities.

Vacation and sick leave periods are not included in the stated periods.

In what cases can an employer-employee contract be terminated without consequences for the company?

Without negative consequences for the employer, termination of the contract with the chief accountant who committed guilty actions is possible only if the above-mentioned legal requirements are observed. It is also important to have evidence of the employee’s involvement in official misconduct:

signatures on expense orders, invoices, write-off acts and other accounting papers;
confusion in paperwork—disorder in accounting is often used to hide criminal activity and veil theft.

If there is no documented evidence of guilty actions, the employee who has lost confidence can challenge the dismissal in court. As a rule, in such trials decisions are made in favor of the plaintiffs. If the court orders the reinstatement of the chief accountant in his position, the company will not only have to accept the dishonest employee, but also pay him:

period of forced absence (calculated based on average monthly earnings);
the amount at which the court will assess moral damage if the dismissed person files a corresponding claim.

Such compensation is established by Articles 237 and 394 of the Labor Code of the Russian Federation.

https://www.youtube.com/watch?v=kLAig9aoNrc

When an illegally dismissed employee applies to the State Labor Inspectorate, the employing company may be fined from 30 to 50 thousand rubles, and an individual entrepreneur - from 1 to 5 thousand.

Payments and compensations

The chief accountant who is legally dismissed under clause 7.1 of Article 81 is entitled to the usual payments established by Article 140 of the Labor Code of the Russian Federation:

wage;
compensation for unused vacation days.

If an employee’s guilty actions cause damage to the company, it is possible to withhold the amount from dismissal payments if it does not exceed the average monthly salary. This restriction is fixed in Article 248 of the Labor Code of the Russian Federation.