What to do if the employer does not fire at his own request?

How to fire a person if he doesn't want to leave his job

From time to time, employers are faced with a rather difficult question to resolve - how to fire an employee without his desire. To correctly answer such a question, you should thoroughly study the legal framework and become familiar with difficult cases in practice. Labor legislation is represented by many different regulations, which, in particular, provide a relatively larger number of benefits and privileges for employees. Their rights are protected as much as possible from encroachment and illegal violations. That is why the issue of dismissing employees without their consent is difficult and requires utmost care from the boss.

Legal basis for dismissal without the employee's desire

The main act of national legislation that is capable of resolving such disputes between subjects is the Labor Code of the Russian Federation. It contains key concepts and rules for the application of articles, clarified and more widely disclosed in specialized regulations.

First of all, it is recommended to calmly discuss this issue with the employee. This makes it possible to persuade him to write a letter of resignation of his own free will, and also to avoid many labor-intensive processes with documents and lawyers. If agreement could not be reached, answer the question “How can I legally fire an employee?” Article 81 of the Labor Code of the Russian Federation will help you. It describes in detail how to carry out such an operation. All labor legislation of the Russian Federation is aimed at maximum protection of the rights of employees and is aimed at resolving most disputes in their favor.

Where can I find help?

If you are fired from a job unlawfully or, on the contrary, do not want to fire you, you should follow all the steps listed above so that the employee has evidence of violations of the law, and then contact higher authorities.

For example, you can write a complaint to the prosecutor's office or the labor inspectorate, where you can explain the current situation. These authorities undertake to conduct an inspection and make a decision within 30 days; most likely, the case will be sent to court. You can file a claim directly to the district court, but then you need to act as quickly as possible, since the deadline for filing a statement of claim is no more than 30 days.

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Organizational leaders should not resist dismissal. Often, those who wanted to retain an employee at any cost were brought to justice in court. If the employee acts reasonably, the management will have to pay considerable sums and still release the employee.

Dismissal for absenteeism

According to paragraph a, paragraph 6 of Article 81 of the Labor Code, absenteeism is considered a one-time violation by the employee in a gross form of his duties under the employment contract. Based on the analysis of the text of the presented article, absenteeism can be considered the complete absence of an employee from the workplace during the working day/shift, regardless of its total duration. The subordinate must document a valid reason for absence. Otherwise, the employer may be considering how to fire the employee for absenteeism.

Following judicial practice, namely the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004, we can identify specific situations that are officially considered absenteeism from work. These, in particular, include:

• missing a day of work without a valid reason;
• unauthorized use of vacation days or compensatory days without warning to the boss;
• for no particular reason, being away from the workplace for more than 4 hours in a row;
• a number of other reasons specified in this regulatory act.

What to do: 7 tips from a psychologist for those who have decided

If you realize that you are not interested in your old job, you should not expect that the situation that worries you will resolve itself. Psychologists advise following a few simple steps to quit with minimal losses.

I can’t find a job: what to do to avoid depression

Look closer

Office workers often dream of radically changing their field of activity. They think that life will become much easier if they replace the stuffy office with a home chair, boring assignments with creative projects. Who hasn't imagined themselves as a photographer or an artist with a free schedule? But in reality, only a small part of former office workers leave for another profession.

Most people dissatisfied with their lives remain in boring jobs, sometimes dreaming of other ways to earn money. Some still decide to try themselves at something new, but quickly fail, realizing that their dream job in reality is not as good as it initially seemed. Often everything ends sadly because a person who is not satisfied with his position does not try to understand the reason for the dissatisfaction, but simply wants to escape from his boring work into another field of activity.

If you're afraid to leave your job because you're scared to try something new, don't worry. It is not necessary to change your specialty; there are many good positions close to your profile. You just need to understand what exactly you don’t like about your work in order to find a vacancy that will not contain annoying instructions.

Look at the problem from a different angle. Remember what attracted you to the profession when you first entered it. Mark those aspects of activity that are especially interesting to you, look for a job related to them. Maybe you'll find what you're looking for in a related industry you've never seriously considered?

Remember that the best is not always something radically different. Consider all vacancies related to your specialty. Most likely, one of them will turn out to be your dream job.

Expand your interests

Have you decided to change your field of activity? Don't rush to quit. First, understand your interests, decide which professions seem most attractive to you. Having completed this task, you will become one step closer to a new life.

Employees who have not changed jobs for many years often find themselves in a “professional tunnel.” They try to improve their knowledge in their industry, but forget that they can become a good specialist in something else. Such people soon realize that they have no hobbies left except work. Look at yourself from the outside. Are you having the same problem?

If you understand that you are in a “professional tunnel,” you need to start getting out of this state by searching for interests. Sign up for various courses and master classes, and very soon you will discover that you have an inclination towards specific areas of activity.

It will take time to realize that you are interested. This may take months or years. But thanks to such tactics, you will understand what you really like, which means you will get out of the impasse in life.

There is no need to fight with yourself and do some serious things. Take this time to find yourself, learn something new about your personality before taking action.

Take action

If you roughly understand what you are inclined to do, but don’t do anything, it’s time to take action. You can spend years thinking about your professional destiny and remain in the same place if you do not apply your knowledge in practice.

Try yourself in new guises, don’t be afraid to do something unusual. You will never know if a profession is right for you until you have worked at least a day in this field.

Try yourself in new guises, don’t be afraid to do something unusual. You will never know if a profession is right for you until you have worked at least a day in this field.

Don't fool yourself into thinking that your destiny is to be an expert in one professional field your entire life. Remember that it is quite easy to change your field of activity. Choose the area you would like to work in based on your interests. If you can't figure out what you like, think back to what you liked to do a few years ago. But keep in mind that you need to not only love your profession, but also take it seriously. If your hobbies are nothing more than an unobtrusive hobby for you, turning them into the basis of a full-time job most likely won’t work.

Have you found a professional area of ​​interest? Don't rush to leave your workplace. Give yourself some time to learn more about this profession. Take courses, read literature on the topic, develop yourself. You must be prepared to work in a new field.

Don't try to think through every detail. There is no need to schedule mandatory trainings several years in advance. Improve in your chosen profession as long as you want. If your interests change, you can try yourself in something new.

Larisa Parfentieva also speaks in her book “100 Ways to Change Your Life” about the fact that you shouldn’t focus on one area.

Larisa Parfentyeva “100 ways to change your life”

Take the test drive of your dreams

Have you had a secret dream for a long time that you don’t dare to realize? Start moving towards your goal now. Realize that if at this moment you don’t take a step towards what you want to have, in 30 years nothing will change either.

Take your vacation for a short test drive to see if your dream profession is really what you imagine it to be. Do you want to become a writer? Start writing several pages regularly. Are you thinking about a career as a director? Make a couple of short films. Dreaming of your own hotel? Check into a hotel and find out what pitfalls you will have to face.

After the test drive, are you finally convinced that this area is right for you? Feel free to change your profession.

If you realize that your new job is not at all what you dreamed of, don’t give up. Try yourself in something different. Sooner or later you will find a profession that you like.

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Get rid of your fears

Are you convinced that you like another profession better, but are in no hurry to leave your old job? Most likely, you are simply afraid of change.

Every person tries to achieve stability. It's always scary to quit a job with an already established schedule, salary and list of responsibilities. Not everyone is ready to exchange a stable place for something new and unreliable.

Fears when changing jobs are normal, but you don't have to give in to them. Elena Rezanova (career strategist) notes that the desire for a stable, unloved job is very similar to a woman’s desire to maintain a dysfunctional but long-term marriage.

You must realize that what is familiar is not always good. A new job can become an activity that will bring you pleasure.

If you are afraid to change your life, try to find something good in future changes. Imagine them as a journey that can give you a sea of ​​good emotions.

You may also be worried about a decrease in income. But do you really need money to become happy? Will you feel good having a big salary but going to a job you don't like every day? Isn't it better to earn less while doing what you love? When your priorities are set correctly, the financial component will no longer be scary.

Are you still worried about your income falling? You can cope with unpleasant thoughts by realizing that your salary depends on your efforts, and it is much easier to devote yourself to what you love than to what you don’t like.

You have no other fears, but you think that you cannot become successful in a new activity? Don't let such doubts stop you on your way to your goal. If everyone was led by their restless thoughts, no one would ever start doing what they like. Concentrate on what you love. Drop your prejudices, and then everything will work out.

Brian Tracy (author of Get Out of Your Comfort Zone) advises doing your best without thinking about failure. Only positive thinking and full responsibility for all your actions can lead to your goal.

Brian Tracy, author of "Get Out of Your Comfort Zone"

Remember that life goes by very quickly. If you don’t start moving now to do what you love in the future, you risk staying in a job you don’t love forever. And, most likely, you will regret it.

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Learn to accept failures calmly

Everyone wants there to be no obstacles on the way to their goal, but this is impossible. You need to understand that luck will not always smile on you. Sometimes you will experience difficult days when you want to give up your favorite activity. But mistakes and mistakes should not lead you astray.

If something doesn't work out for you, don't rush to give up. Keep trying, and very soon the progress will become quite noticeable. Remember that failures are also part of the experience. Before you become a real specialist, you will have to go through many more unpleasant situations, acting by trial and error.

You cannot achieve success without making mistakes. People who now seem to be masters of their craft started from scratch, just like you. They also had to go through difficult moments, making primitive mistakes.

Think about what will happen to you in 10 years

Do you feel like your work is taking away your last strength, but you can’t leave? Do a little exercise. Imagine yourself in the same place in 10 years. Will you be happy doing the same responsibilities? Would you be proud of yourself if you received a promotion in this area?

Now think about how you would feel in 10 years if you were doing what you love? Would your life become better and more interesting? What kind of people would be nearby? Your impressions of what was presented will help you understand whether it is worth leaving your unloved job.

How to fire a pensioner without his desire

The dismissal of a pensioner does not provide for any benefits or additional conditions for the employee. If you follow practice, a pensioner can be legally dismissed without his consent in the following cases:

• significant staff reductions;
• inadequacy for the position due to age or health status;
• impossibility of performing the presented work due to health and a number of other reasons.

If necessary, a preliminary medical examination of the employee is carried out to confirm data on non-compliance and unfavorable conditions for continuing work activity.

Overcome your fears

Despite the incredibly annoying team, the tyrant boss, the low salaries, you are still afraid of being fired. Various fears can prevent you from making a decision to change jobs:

1. Fear of being unemployed or finding a new job, even worse than the current one.
2. Fear of ceasing to be significant.
3. Fear of what people will say.
4. Possibility of receiving a lower salary.

To stop being afraid of being unemployed, you need to increase your self-esteem. Otherwise, there will be no opportunity to change jobs. She won't come on her own. To give yourself confidence, read affirmations every morning and evening:

Every employee has the right to have their merits noticed and appreciated. When starting a new job, any person needs to start anew to achieve the respect of the team and recognition of their professionalism. Do not forget that absolutely all employees employed at a particular enterprise have equal importance in the ongoing production process.

If work has ceased to be a comfort zone, then you should not feel guilty before the company for wanting to work in better conditions.

The human mentality is such that they will condemn you no matter whether you write an application for settlement or remain faithful to your enterprise.

The amount of salary is a strong argument for staying at your current job. In conditions of discomfort, it is worth reevaluating your value system. If you don’t have time to spend the money you receive, and you have to use your free time to restore mental strength, then the value of these pieces of paper drops sharply.

Before you quit your job, sort out your rhinestones. This will help free your life from unloved activities and from the heavy burden of negative emotions.

Absence from work is a reason for dismissal

Current legislation provides a wide range of rights for employees, including the legal option not to notify the employer of the reason for absence from work on the same day. In this regard, the question often arises: “An employee does not show up for work, how to fire him?”

The main thing is not to rush to conclusions and hasty decisions. Dismissing an employee for absenteeism before the reasons and motives for his absence are fully clarified is a rather controversial and incorrect option. There are situations when an employee could find himself in unforeseen circumstances and is unable to get in touch.

The optimal solution would be to try as hard as possible to establish contact with a subordinate to find out the reasons for his absence, which can be either short-term or long-term. And only after this should a final decision be made on the future fate of the employee.

Another common reason may be employee intoxication. Then a reasonable question arises about how to fire someone for drinking. This situation is also regulated by the Labor Code of the Russian Federation, as well as by the resolution of the Plenum of the Armed Forces of Ukraine dated March 17, 2004, namely paragraph 42. They describe in detail the essence and methods of resolving this situation.

Where it all begins

Picking up and quitting is sometimes more difficult than accepting an offer for a new job. These are features of our inner world, when starting something new is several times easier for us than finishing something existing.

According to statistics, more than 75% of workers begin and end their day with the thought of quitting. And few people can come to their boss and announce their intention to part with the company without lengthy and thorough preparation. Behind the desire to close the doors of this company behind you forever, to escape from the hated team, bosses, a long string of thoughts immediately appears that do not allow you to take this step.

Such excuses, in our eyes, seem like reasonable arguments in favor of staying and holding out a little longer. But no one admits that this is self-deception, which covers up simple human indecision.

Some people think that you just need to wait until it gets better. Others give themselves importance, making the excuse that they cannot quit what they have started. Some are afraid that the entry in the work book about dismissal will play a bad joke on them in the future.

You can come up with an endless number of excuses. The result of this will be regret that the decision to leave the hated job was not made much earlier.

Don't wait for the right opportunity because it will never come.

How to fire a pregnant employee

National legislation most carefully protects women's rights during motherhood. Therefore, the process of dismissing such an employee is practically impossible unless you seek help from a qualified employee. However, there are still general cases when it is still possible to fire a pregnant employee:

• if pregnancy is not documented: obvious physical signs are not taken into account when it comes to labor relations;
• in case of complete liquidation of the enterprise, reduction of staff.

However, even in such situations, the employer is obliged to promptly, in accordance with the requirements of the technical specifications, notify the employee about such an event and pay the required amount of money. Unauthorized dismissal without the consent of the employee during maternity leave is also not allowed.

Reasons to fire

In addition to peaceful ways to terminate an employment relationship with an employee, there are ways to dismiss on the basis of violations.

The following reasons are considered as such:

• inadequacy for the position held;
• negative results during certification;
• disciplinary violations;
• failure to fulfill prescribed duties;
• intoxication, theft, damage to the tenant's property;
• failure to comply with the internal regulations of the enterprise;
• disclosure of trade secrets.