Labor code dismissal of an employee. How is the dismissal initiated by the employer

The relationship between the employer and the employee does not always work out well. There are situations when the only way to avoid conflict is to quit. It can be initiated by both the employee and the employer.

In the first case, everything is quite simple. According to general rules, the employee writes a statement, fulfills 2 weeks and leaves the company. Concerning employee dismissal at the initiative of the employer, then there are many subtleties. Further in the article we will try to deal with them.

Why can they get fired?

Reasons for dismissing an employee on the initiative of the employer  quite a bit of. Meanwhile, any action related to the termination of the contract must be justified and documented.

The main reasons for the dismissal of the employee on the initiative of the employer  it could be considered:

• Unsatisfactory results of certification.
• Failure of employees to perform their duties properly, careless attitude to work. It is worth saying that in this case, the dismissal of an employee on the initiative of the employer is allowed only after a series of measures. In particular, the employer is obliged to warn the employee about the inadmissibility of such behavior in writing, to apply other disciplinary sanctions. If all these measures fail, then dismissal follows.
• Employee taking actions that cause damage to the enterprise. It is, in particular, the disclosure of information protected by law, theft, etc. In all these cases, there must be evidence of employee guilt.
• Committing an immoral act incompatible with the position held. For example, dismissal threatens a teacher degrading students.
• The appearance at the enterprise in a drunken state.
• Providing knowingly fake documents when applying for a job.
• Liquidation of the enterprise (termination of IP), staff reduction.

If the organization changes its owner, then you can fire the accountant and director. The rest of the staff should remain at work, unless, of course, there are others grounds for dismissal. At the initiative of the employer with an employee  the contract is terminated only in extreme cases. Moreover, in some situations, dismissal is a right, and in others it is the employer's duty.

The nuances of the process

In the TC, the requirements are fixed for the employer who wants to part with an employee.

At the dismissal of the employee on the initiative of the employer  the latter is obliged to notify the employee in writing of upcoming events. The notice should reflect the reasons for making such a decision with reference to the norms of labor legislation.

The employee, in turn, can prevent dismissal. His actions will depend on the nature of the reasons why the contract is terminated with him. In many cases, in practice, the parties manage to resolve the conflict. In such situations, you can contact the labor inspectorate, whose representatives will assist in resolving the dispute. If the employer and the employee did not manage to come to a consensus, it is better to terminate the contract.

Guilty Offenses

May be related to employee misconduct. Among the main violations are the following:

• Systematic lateness, absenteeism.
• Refusal to comply with the rules of the company.
• Failure to comply with the requirements for medical examination, training in safety rules, evasion of certification, if these procedures are mandatory for the employee.
• Disclosure of information classified by law as commercial, official or other secret.
• Violation of TB rules if this entails serious consequences or the threat of their occurrence.

Certification

In the course of its passage, the correspondence of the competence of the person to the position that he holds is determined. The law establishes the certification test procedure. The procedure includes:

• Approval of the Regulation on certification. It describes the conditions, the frequency of the procedure, the evaluation criteria, the composition of the commission, the rules for drawing up a report.
• The publication of the certification order. It should indicate the time and venue, information about certified employees.
• The formation of the commission.
• Passing test staff.
• Making a conclusion. In it, the commission formulates conclusions on the suitability of each employee.

If in the course of certification an insufficient qualification of an employee is revealed, the manager can send him to training or dismiss him. In any case, with a negative conclusion of the commission, a citizen cannot continue to work in the same position.

Employee committing a crime

Dismissal of an employee at the initiative of the employer just because the employee is being prosecuted is not allowed. The presumption of innocence is valid in the Russian Federation. Until the person's guilt is proved, he is considered not involved in the act. Even a detained citizen continues to be on staff. However, it should be noted that during this period the employee is not at the enterprise and does not fulfill his duties. Accordingly, earnings are not accrued to him.

If the employee is convicted, termination of the contract with him is carried out solely on the basis of a court decision in accordance with Article 81 of the Labor Code . Dismissal of an employee at the initiative of the employer  in this case, may be caused by loss of confidence or by committing

Medical contraindications

If they exist, the manager must either terminate the contract or offer the employee other activities that he can carry out without harming his health. Corresponding rules are fixed by the Labor Code of the Russian Federation.

Dismissal of an employee at the initiative of the employer  in these cases, it is possible only after the head has offered the employee all the vacancies that he has in the area. The tenant must offer positions in another territory, if provided for by the collective agreement or labor agreement.

The presence of contraindications should be confirmed by the conclusion of a medical commission. For some categories of employees, a physical examination is mandatory. These, for example, include employees of public catering, teachers, medical workers. It is during the examinations that possible contraindications are revealed. If a citizen evades compulsory medical examination, he may be fired.

Non-Party Circumstances

The termination of the contract may be due to the following reasons:

• Conscription into the army, the implementation of activities related to the passage of alternative service.
• Reinstatement at the place occupied by the employee of a citizen previously dismissed but reinstated in the state by decision of the labor inspectorate or court.
• The expiration of the contract.
• The death of an employee or his recognition as missing.
• Extraordinary circumstances that create obstacles to further employment.
• Lack of access to information constituting a secret protected by law.
• Recognition of the decision of the labor inspectorate or court on reinstatement of a person at work invalid.

Termination of a contract with a part-time

Dismissal on the initiative of the employer of an employee combining positions may be associated with the return to work of the main employee. For example, a citizen was on long-term treatment or on a business trip.

The order of dismissal of the employee at the initiative of the employer  in such cases it is similar to the rules applicable to other general cases. The only nuance that should be mentioned concerns the entry in the work book. If the combination took place at different enterprises, the information in this document is indicated by an employee of the personnel department of the enterprise, which is the main place of work of the person.

Step-by-step instructions for dismissing an employee on the initiative of the employer

The stages of the procedure may be adjusted depending on the circumstances causing the termination of the contract. In case of violation by the employer, step-by-step instructions for dismissing an employee on the initiative of the employer  includes:

• Fixing information about the violation.
• Clarification of circumstances.
• Application of measures.

At each stage, relevant documents are compiled. It must be said that, in accordance with the Labor Code, the dismissal of an employee on the initiative of the employer is allowed no later than 6 months. from the date the employee committed the misconduct.

Fixing violation

When revealing the fact that an employee committed an illegal act, it is advisable to immediately form a commission that will deal with the study of all circumstances. There are several ways to record a violation. Most often this is done by compiling:

• Act of violation. This document must be executed in the presence of at least 2 witnesses.
• Memo note. It can be written by a colleague or the immediate superior of the employee.
• Commission findings. As a rule, this option is used for serious violations.

Familiarization of the employee with documents

When the commission confirms the guilt of the employee, one copy of the report is provided to him for review. At the same time, after reading the contents of the document, he must sign. The employee has the right to refuse this. In this case, an act is drawn up.

After reviewing the claims, the employee is given 2 days to respond. Simply put, he needs to write an explanatory note. The employee may refuse to explain their actions. Then it is also necessary to draw up an act. In practice, in such cases, as a rule, dismissal of an employee. At the initiative of the employer a special commission may be convened, which includes representatives of the labor inspectorate and the union. At a joint meeting, they decide on the situation.

If after 2 days no explanation has been received from the employee, the employer has the right to terminate the contract with the employee unilaterally.

Order

Only on its basis, according to Labor Code of the Russian Federation, dismissal of an employee. At the initiative of the employeror on their own, this happens - it doesn’t matter. Always termination of the contract is preceded by the issuance of an order.

The corresponding order is drawn up after the manager has studied all the circumstances and materials collected during the audit. It is advisable to attach copies of documents related to the incident to the order.

After signing the order, the dismissed employee must be familiarized with the order. Three days are allotted to this legislation. If the employee refuses to sign or is absent from the enterprise, an act is drawn up or the corresponding record is placed directly on the order.

Labor entry

The fact of dismissal is noted in the work book on the same day on which the order was issued. The entry should contain a link to a specific article and paragraph of the TC. The employee receives the workbook on the day the corresponding mark is entered.

Keep in mind that abbreviations are not allowed in the record.

If for any reason the employee cannot pick up the labor, he is sent a notification about the need to come to the enterprise or give consent to send the document by mail.

Exceptions to the Rules

The legislation provides guarantees for a number of categories of employees. They are not subject to general rules, including those governing the procedure   dismissal at the initiative of the employer. Employee  You cannot fire if:

• He has a young child (children) under the age of 1.5 years. Moreover, this rule applies to both mothers and fathers.
• He alone brings up a child under 14 years old.
• He is dependent on a minor disabled person.

You can not dismiss a pregnant woman.

These prohibitions, however, do not apply to:

• The termination of the enterprise activities.
• Repeated violation by the employee of the rules established in the organization (improper performance of duties, absenteeism, etc.).
• Identification of the theft.
• Disclosure of information constituting a secret (commercial, banking, etc.).
• Committing an immoral act.
• Providing when hiring.

Dismissal of an employee at the initiative of the employer: compensation and mandatory payments

According to the standards, the employer on the day of termination of the contract must make a full calculation of the amounts due to the employee. These include:

• Salary for days worked.
• Surcharge to salary.
• Compensation for unused vacation.

In cases provided for by law, severance pay is also paid.

If it is impossible to pay the funds due to the absence of a citizen at work, the sums due should be issued no later than the next day after the presentation of the demand for settlement.

Upon liquidation of the organization, the employee receives severance pay. Its calculation is based on the average monthly earnings. During the search for work, the employee also receives compensation. It is equal to the average monthly salary for 2 months. In exceptional cases, the employee may be saved earnings during the third month.

Somewhat different conditions are provided for the chief accountant, director and his deputy. In the event of a change of ownership of the organization, the new owner, upon dismissal of these employees, pays them compensation amounting to the average monthly salary for 3 months.

If the contract is terminated due to or the presence of medical contraindications, the citizen receives compensation equal to two weeks of earnings.

The collective agreement may provide for higher amounts of payments.

It must be said that with dismissal of an employee of retirement age at the initiative of the employer  he is also entitled to all payments and compensation. Additionally, the head of the enterprise can reward the employee for high professionalism.

Finally

It is currently quite difficult for an employer to terminate a contract with an employee unilaterally. The rules established by law must be observed.

It is worth saying that not only in Russia is such a complex order. Similar rules, for example, are enshrined in the legislation of the Republic of Belarus. The dismissal of an employee at the initiative of an employer in Belarus is also carried out in several stages. In addition to the Labor Code, Decree No. 29 of 1999 is in force in this country, providing for additional measures aimed at improving labor relations and strengthening at enterprises and organizations.

Consider what are the reasons for dismissing an employee if the employer is the initiator. Let us turn to the provisions of the Labor Code of the Russian Federation for answers.

Dismissal is a procedure that must be carried out in compliance with all the rules established by law.

The Labor Code provides for the protection of the rights of workers, which means that it is important to understand when a person may be left without work at the will of the employer quite reasonably.

Important aspects

We define what constitute labor relations between the parties and which articles employers refer to when expressing a desire to dismiss their subordinate.

What it is

An employment contract is a document that describes the employment relationship between an employee and an employer. This agreement prescribes a number of rights and obligations of each party.

It is made by agreement of the parties. Terminated also in accordance with certain rules provided by law.

Dismissal of an employee - completion of the employment legal relationship between the employee and the employer.

The reasons for the termination of labor relations may be different - on the initiative of the individual himself, his head or by mutual consent.

Termination of employment agreement

A written notification must be provided to each dismissed employee 2 months before the “doomsday” day.

In such a case, representatives of the trade union organization and the local employment service shall also be notified without fail.

It is necessary to submit information about all dismissed employees:

• about the profession;
• specialty;
• qualifications;
• salary, etc.

There are some restrictions for enterprises when terminating relations with employees. You cannot fire a person that:

If the company is liquidated, all personnel are subject to dismissal, without exception.

Teachers, regardless of whether a state, municipal or private institution is involved, work under labor agreements. So, when dismissing, it is necessary to rely on the provisions of Art. 77 shopping mall.

Video: employer-initiated dismissal

  The question is often asked, is it possible to terminate the contract with the teacher if the parents of the students submitted complaints to the management?

The teacher is fired if:

There are other reasons for the termination of labor relations with teachers. All of them are registered in Art. 77 shopping mall.

The basis for the dismissal of an employee at the initiative of the employer of a legal entity is also a mismatch of the position that he occupies.

The certification rules are provided for by the Federal Law of December 29, 2012 No. 273. The management may not dismiss teachers.

If the employee is not satisfied with such proposals, then the contract is terminated in accordance with paragraph 3 of Art. 81 of the Labor Code. Continuation of work in case of immoral acts is unacceptable.

What difficulties may arise

Let us examine a few difficult cases that may be encountered when dismissing an employee.

Situation 1

The presence of an unsatisfactory test result.

You cannot terminate the contract on this basis if:

Situation 2

There is a reduction (paragraph 2 of part 1 of article 81 of the Customs Code). Forbidden dismissal:

• in case of non-compliance with the reduction rules provided for in Art. 81 and;
• if the employer has not met the conditions established by law (for example, not received
• labor inspector consent);
• a person who cannot be fired.

Situation 3

There was a gross violation of labor discipline in the form of truancy. An agreement cannot be terminated if:

Situation 4

The person does not meet the position due to low qualifications in accordance with the certification certificate.

It is impossible to dismiss on such grounds if:

The change of ownership of the company's property is not recognized as the basis for the dismissal of an employee at the initiative of the employer.

This may be the reason for the dismissal of only heads, deputies and chief accountants (but not branch managers).

In addition, the new owner cannot dismiss such persons if more than 3 months have passed since the ownership took place.

These are just general points worth paying attention to. It is advisable for employers to study all the rules that relate to dismissal on his initiative.

Indeed, in case of violation of the provisions of the Labor Code, troubles can arise.

Yes, and staff need to carefully re-read the provisions of regulations in order to know how to defend themselves with unjustified dismissal.

The termination of all kinds of labor relations between the employee and the employer is reflected in Chapter 13 of the Labor Code. If the employee himself has expressed a desire to change the place of professional "habitat", then he can do it at any time, having worked after the application for 2 weeks additionally. And what are the rights of an employer who wants to say goodbye to his employee?

Employer-initiated termination conditions

The dismissal of an employee not on his personal initiative is completely legal, according to Article 81 of the Labor Code of the Russian Federation, but is allowed only on the basis of a reason established by law:

• Liquidation of the enterprise or reduction of its staff.
• Certification not passed by the employee (paragraph 3). With regard to private entrepreneurs and commercial organizations, it should be clarified here that in order to dismiss an employee, proof of his non-compliance with the position is necessary. If civil servants and state employees pass their knowledge tests regularly and according to established standards, then for the rest of the company it is necessary to develop internal documents governing the certification process, indicating the requirements for the posts and the methods of “punishment”.
• In special cases, if there has been a change of ownership.
• Violations associated with the employee's failure to fulfill his duties, as well as the existence of disciplinary sanctions in the form of reprimands or comments, referred to in article 192 of the Labor Code of the Russian Federation.
• The gross violations committed by the employee, which may include: absenteeism for no reason, drunk or inadequate appearance at work, disclosure of confidential secrets, theft, as well as an established violation of labor protection requirements, due to which an employee has occurred or an accident could have occurred.
• Loss of due trust in an employee in case of improper handling of money or commodity values \u200b\u200b(no later than a year from the moment of such an incident), provision of forged documents during employment.
• Immoral acts of educators (if you have, say, private kindergarten  or school).
• A number of violations or unreasonable acts of the organization’s leadership with subsequent dismissal  of this composition.
• Other violations specified in the labor or collective agreement.

As we see, the reasons for dismissal at the initiative of the employer are divided into those that occurred due to or without the fault of the employee. If the dismissal occurred on the basis of the certification, the employee has the right to appeal this decision of the certification commission in court for 3 months. The fact of dismissal, whatever the reason, may be appealed by the employee within 1 month from the moment of receipt of a copy of the order on this or return of the work book ().

If the dismissal occurred on the basis of the certification, the employee has the right to appeal this decision of the certification commission in court for 3 months.

Termination of a fixed-term contract occurs, according to Article 79 of the Labor Code of the Russian Federation, automatically after this period or after the end of seasonal work, about which 3 days in advance the employer must notify his employee in writing. If an employer requires early termination of his employee’s work, this can happen only on the basis of all the same conditions of Article 81 of the Labor Code of the Russian Federation.

The head also has the right to dismiss, on his own initiative, an employee residing in his current position concurrently if a new employee appears for whom the vacated workplace will become the main one, as it is written in article 288 of the Labor Code of the Russian Federation. Dismissal of a distance worker is also possible on the initiative of the employer, when the grounds specified in the employment contract () are taken into account.

Termination of employment with socially protected categories of citizens

There are a number of citizens with whom termination of the contract at the initiative of the employer is not allowed:

• It is impossible to terminate the contract during the period when the employee is on vacation or on sick leave (the last paragraph of Article 81 of the Labor Code of the Russian Federation).
• It is not possible to dismiss a minor employee without the official consent of the departments for labor inspection and juvenile affairs ().
• It is impossible to terminate the employment contract with a pregnant woman until the fact of pregnancy is confirmed, as stated in article 261 of the Labor Code of the Russian Federation.

The listed persons may nevertheless be dismissed if the organization is liquidated or the individual enterprise is closed, without any additional reasons.

Often the employer is interested in the question: is it legal to dismiss a person who has retirement or pre-retirement age? The Labor Code does not provide guarantees for this category of citizens, therefore, the general rules apply to them. However, there is, denoting those whom the head should, when reducing staff, predominantly leave the workplace. These include more productive employees or highly qualified specialists. An elderly person who has worked in the specialty for many years, perhaps, can prove himself in work no worse than a young ambitious employee.

When downsizing, the manager should give preference to more productive employees or highly qualified specialists.

Employer-initiated dismissal procedure

Dismissal of an employee has its own procedure and deadlines. The main document confirming the fact of dismissal of an employee is an order. It is filled out in the form of T-8, and, according to Art. 84.1. Labor Code of the Russian Federation, the employee must sign this order.

If you intend to dismiss an employee in 2017, the order must specify:

1. Internal number of the order, its date.
2. The date of commencement and termination of the employment contract, its number, as well as the personnel number of the employee.
3. Name and position of employee at the time of dismissal.
4. The reason for dismissal with the exact reference and wording of the article of the Labor Code.
5. Documents giving grounds for dismissal. As an example, this can be a certificate of a drunken state of an employee at the time of going to work, statements by eyewitnesses, a report, a reduction order, etc.
6. Signature of the head and its transcript.
7. Signature of the employee and date of familiarization with the order.

Sample order you can see

On the day of dismissal, the employee needs to pay the full payment and issue a work book with an entry corresponding to the wording of the Labor Code.

On the last day of work, you must give the employee a certificate of his earnings for the last 2 years and information about insurance premiums.

You cannot fire an employee for no reason, but if you think there is a reason, then you need to prove it. If you dismiss an employee without reason, he will appeal your decision in court. The court, by the way, usually takes the side of the employee, and you will have to reinstate him in his position, as well as pay the legal costs. Dismissing an employee, you must justify all the reasons and pay the former employee all the means due to him.

Everyone is obliged to know how dismissal is carried out if the employer is the initiator.

For the employee, this will be an opportunity to protect their rights, and for the employer - to avoid liability for incorrect execution of the termination of the employment contract.

We will find out what may be the grounds for dismissal and what rules the company should adhere to. Looking for the answer to the question of how to fire a chief accountant or a simple worker? The only option is by law.

Regardless of the reason for the termination of legal relations between the parties, the procedure should be carried out in accordance with clear rules prescribed in the Labor Code of Russia.

And in order not to re-read it from cover to cover, we will choose the main points that should be remembered when dismissing at the initiative of the employer.

Highlights

The grounds for terminating the contract may be different. When making a dismissal, it should be clearly defined, since it is reflected in many documents.

You cannot make a mistake in reflecting the information - employers must make a reference to the norm of the Labor Code, which is applicable in a particular case.

Basic concepts

Dismissal of an employee is a procedure that is carried out upon termination of an employment agreement.

What could be the reason?

All grounds for termination of employment are prescribed by law. We list them:

1. By agreement of the parties, that is, by mutual agreement of the employee and the employer.
2. At the expiration of the agreement.
3. By decision of the employee.
4. When transferring to another position.
5. At.
6. If the employee refuses to move with the company to another locality.
7. At the initiative of the employer, etc.

The employer has the right to terminate the labor agreement with the employee in this case:

The legislative framework

Termination Rules employment contracts  contained in.

The grounds for termination of employment by the decision of the employer are described in.

The order of dismissal of an employee at the initiative of the employer in the Labor Code of the Russian Federation

Upon termination of the contract, the employer must adhere to a certain procedure.

After all, with an incorrect dismissal, there is a risk that the employee, and he, as you know, often takes the side of the citizen who has applied (if it comes to observing the conditions of the Labor Code).

How to terminate an employment relationship?

If the employer becomes the initiator of the dismissal, it is worth remembering the possible reasons for this.

The head of the company must:

• agree on all conditions for termination of the employment contract with employees of a certain category;
• to study with which employee he is not entitled to terminate the agreement;
• to pay the person who dismisses the severance pay and.

There are cases when the employer is not authorized to resolve issues regarding the dismissal of a particular employee. Then he needs to get advice from a trade union organization.

She is considering firing a person:

• while reducing staff or reducing the number of staff;
• if it does not correspond to the position;
• for violations of the rules of labor discipline.

The notice of termination of the employment contract with the employee is issued.

Such a document shall reflect the full name of the person to be dismissed and the reason for the termination of relations of a labor nature, the date when the order is issued.

The employee is notified of dismissal in 2 months. During this time, the employee continues to fulfill labor obligations.

And on the last working day a person is given a work book and other documentation that was requested at.

If a citizen does not want to agree with the decision of the employer on his dismissal, he has the right to go to court. Dates initiated by company management may vary.

It all depends on the period of mining. In general cases, it lasts 2 weeks, sometimes it can be increased to 3 months. But the parties can agree on the termination of the contract without practicing.

For example, when dismissing due to a disciplinary offense, the employer will adhere to this procedure:

1. Claims explanatory notes from the employee.
2. A decision will be made if a disciplinary violation is confirmed by a public authority or employee.
3. Introduces the employee with the order. This is given 3 days.
4. On the last working day, he will issue documents to the employee and make a calculation.

  Dismissal of an employee on the initiative of an employer is not allowed if:

• he is on sick leave;
• abides in;
• performs community or government work;
• went to .

When dismissing an employee, the employer must adhere to the norms of the Labor Code of Russia.

This means that it is necessary to confirm the documented misconduct of a person who became the basis for the termination of relations of a labor nature.

In some cases, the decision on dismissal may only be taken by a trade union or a certification committee.

If the requirements of the law are violated, the dismissal made will be invalidated. Dismissal on the initiative of the employer without the fault of the employee is impossible.

Otherwise, the company's management will be responsible to the inspection authorities and the court if the employee submits.

In the calculation, the employer must pay the dismissed citizen compensation of such a plan:

• earned funds for actually worked days;
• payment for unused vacation time;
• severance pay;
• the average salary during the period of employment for 2-3 months (not always expected);
• in other cases stipulated by the labor agreement.

Is it possible to fire a pensioner?

If a person has reached retirement age, this will not be grounds for dismissal. The termination of labor relations with such a category of employees is carried out under the same conditions as with other employees.

You can also not transfer a person of retirement age to.

Such an agreement can be concluded only if the person first takes a job in this company, or decided to reinstate his position in the company.

Such rules apply to pensioners who are entitled to receive an old-age pension, and not to all pensioners.

Upon termination of the contract with an elderly person, the employer issues a work book, pays off with him.

If a person wants to receive a copy of any document, the company management is obliged to issue it at the request of the employee.

On probation

Dismissal during the probationary period is possible if the employer decides that the person does not meet the requirements and cannot cope with the tasks.

The upcoming termination of the contract should be notified to the employee in advance - 3 days in advance. You can fire a citizen at any time after passing the test, and not only upon completion.

The notice of intent to terminate the relationship should reflect the reasons for such a decision. If there is no reason, terminating the agreement will be illegal.

It is not allowed to use the wording of such a plan:

• employee qualifications do not correspond to work;
• the person does not cope with its obligations.

It is worth describing the reason more specifically. For example, indicate that the person did not fulfill the plan, did not attract the required number of customers.

Here is a sample notification:

If an employee refuses to receive such a notification, an act is created:

Then an order is issued to terminate the contract with the employee:

And if the employee refuses to get acquainted with such a document, the management prepares an act of this type:

After that, it is worth making an entry in the work book. Reference should be made to para. 1 tbsp. 71 of the Labor Code of the Russian Federation. A labor permit is issued on the last business day.

  If the person cannot pick up the document, a notification will be sent to him by mail. And it looks like this:

If the employee is a disabled person of group 3

A disability group is assigned by doctors, after which certain work restrictions are set. Persons with disabilities 3 and 2 groups can engage in labor activities.

Persons with the first group are recognized as legally incompetent. The legislation does not say anything about the right of the employer to dismiss a disabled person of group 3 precisely for the reason that a disability has been received.

The state has protected the rights of such a category of citizens and created rules that impede their dismissal.

To comply with legal requirements, a company must immediately respond to changes in human health. It is advisable to find a place for such an employee in accordance with his capabilities.

The management of the enterprise has the right to dismiss a disabled person only if he is recognized as incapable. There must be documented evidence of such a conclusion.

The company cannot offer such a person any other type of work, even if he wants to maintain an employment relationship with an employee. The dismissal of disabled people of group 3 on the initiative of the employer is not allowed.

It is necessary to comply with the requirements, which states that such a person should be offered easier work.

If a person does not agree to another job, then the paperwork is issued for dismissal (paragraph 8 of article 77 of the Labor Code of the Russian Federation). Be sure to take a written rejection of the offer from the employee.

If it is not possible to offer another job, it is worth negotiating with the employee. Be sure to reflect your actions in writing.

Upon the dismissal of a single mother

By law, the administration does not have the right to dismiss an employee who is a single mother.

If the employee violates the rules of the law, then termination with her is possible.

The company has the right to part with a woman:

• upon liquidation of a legal entity;
• if she violated labor discipline;
• if she divulged corporate secrets;
• if she intentionally damaged the property of the enterprise in other cases prescribed in regulatory documents.

An employee cannot be reduced if the company does not close completely.

In combination

A part-time worker can be fired:

• by his decision;
• at the closing of the company;
• when hiring an employee in the main staff;
• if a person has health problems that do not allow him to fulfill labor obligations;
• while reducing staff.

There are other reasons when the employer acts as the initiator of dismissal, if there is a basis provided for by Art. 77 shopping mall.

Upon termination of employment with a part-time employee due to the acceptance of the main employee, it is necessary to rely on the norms of Art. 77 and.

Confirm the acceptance of such a person by order, which should be issued at the same time as the order to dismiss the employee working on. The date on the documents should be set one.

The employer undertakes to provide the employee with a notice of the impending dismissal in 2 weeks. Obtaining employee consent is not necessary.

The Labor Code of the Russian Federation does not specify which (external or internal) part-time worker can be dismissed for this reason.

But there is one peculiarity that should be remembered - when a contract is terminated with an internal part-time person will leave this position, but will remain the main employee in the same company.

External part-time workers, leaving the company, remain the main employees of another company.

When a person is dismissed from his main position in the company where he works part-time, management is not entitled to terminate the contract due to the hiring of the main employee.

First, the position is offered to such a person. If it refuses, then the vacancy will be offered to another specialist.

A part-time worker may also quit on general grounds, for example, in violation of labor discipline.

The termination of the contract will be carried out in the same way as when the termination of employment with the main employee.

The employer must have evidence that there has been a disciplinary offense. If the person did not come to work, you should first find out the reason.

If she turns out to be respectful, it is worth asking to prove her. The evidence may be the police (if there was a traffic accident).

If the reason is disrespectful, then the person is fired. It is possible to bring to disciplinary liability in a clearly regulated period.

When registering part-time dismissal, the question often arises - what to do with the work book. Such a document should be kept in the company where the citizen is listed as the main employee.

But who will fill out the work book? Entries are made at the main place of work on the basis of the employee's document on dismissal from the company where he is a part-time employee.

You can bring a photocopy of the order or another document, which will describe the reason for the dismissal and reference to the legislation.

Compensation is due to the employee, regardless of the reason for leaving. At the closing of the company or during reduction, the person also receives severance pay.

What is the record in the labor?

When dismissed at the initiative of the employer, the entry in the workbook should reflect the reason for dismissal and a link to an article of the Labor Code of the Russian Federation. Here is an example of how the document will be filled:

Do not be afraid if the company management threatens you with dismissal, if there is no reason for it. And for the illegal termination of the employment agreement, the employer will be held responsible.

The judicial authority will reinstate you in the workplace and oblige the company to pay compensation for non-pecuniary damage.

And one more thing - do not agree to the dismissal of your own free will (if you do not have such a desire).

After all, then you can lose a number of payments that the employer must transfer in some cases of dismissal on his own initiative.