Termination of employment at the initiative of the employer. Early termination of a fixed-term employment contract. Guarantees and dismissal procedure

The employer is obliged to strictly follow the law in the event of termination of the employment contract on its part. Find out what the legal grounds for termination may be and when they are not allowed.

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Labor Code of the Russian Federation: dismissal at the initiative of the employer

Labor Code is aimed at protecting the interests of both parties: both the employer and the employees. In order for the enterprise's operations to be effective and its production goals to be achieved, management has the right to select employees and part with those who, for one reason or another, no longer meet the personnel requirements. Employees must be “insured” against groundless dismissal.

The legislation provides a clear understanding of situations in which the employer has the right to take his own initiative to terminate the employment contract. They are listed in Articles 71 (Part 1, regarding failure to complete the probationary period) and 81 (Part 1). Undoubtedly, there can be no “variations” on the topic of legal grounds for dismissal and the procedure for carrying out this procedure. The employer must strictly follow the law.

The employee has more opportunities: he is not obliged to explain anything to anyone and can terminate his contract at any time, according to Article 80 of the Labor Code.

Grounds for termination

Many employers still do not understand that the term “initiative” is not equivalent to the concept of “desire.” Dismissal must necessarily occur with one or another justification, understandable, actually existing and legitimate. An employee always has the right to initiate a labor dispute, and if a violation of the law is revealed, he will be returned to his previous place, and the organization will be punished.

All reasons leading to termination of a contract can be divided into two categories depending on the reason. Let's tell you more about them.

Due to the employee's fault

An employer has the right to dismiss an employee if he is caught in a serious one-time violation labor discipline. Article 81 of the Labor Code lists in detail the possible options and clarifies what exactly can be attributed to such an assessment of the employee’s actions. So, this is absenteeism or attendance under the influence of alcohol, toxins, or drugs. Punishable by dismissal and disclosure of secret information that became known in the process labor activity. The law is also harsh in relation to those who “freely” handle the organization’s property: they steal, waste, and allow intentional damage, including irreversible damage.

Safety also plays a role in the reasons for dismissal. If the labor safety commission reveals violations in the actions of the employee, which were or could have been followed by serious consequences, the culprit may be dismissed.

In addition, the actions of an employee engaged in values that caused distrust on the part of the employer can also serve as justification. Some other actions are also punishable, in particular providing false information about property circumstances.

Without the employee's fault

The second group of reasons leading to dismissal are situations that do not depend on the specific actions of the employee, but are caused by the situation at the enterprise and the characteristics of the profession (or position).

First of all, this is, of course, the liquidation of the organization as a whole, or (in the case of individual entrepreneurs) termination of activities. Also one of common reasons– reduction in the number of employees of the organization.

The structure of legislative documents is quite complex, and in particular, it is important to note that some grounds for dismissal can be attributed to almost all categories of workers (except for those listed below in the article), and some, specialized ones, refer only to employees performing certain functions. It is logical that teachers and managers, for example, are subject to more stringent requirements. They are listed in other articles of the Labor Code and some others federal laws.

For example, the first persons of the organization (chief accountant, manager, deputies) may be fired if the owner of the organization changes. For teachers, immoral acts, even those committed outside of work, are fraught with dismissal.

Citizens who use false educational documents (and others) to apply for a job may also be fired.

Certifications that are carried out at the enterprise can also identify a circle of people who do not meet the requirements for the position. And this is also a reason for dismissal.

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The reasons for termination of an employment contract may be separately listed in the employment contract.

Termination procedure

The dismissal procedure is also prescribed by law. After a decision is made that a particular employee will be fired, the basis is determined, it is necessary to send him a notice that the contract will be terminated, and give him time to find a new job. Needless to say, the notice must be in writing.

In some cases, it is important to obtain and take into account the opinion of a trade union if the employee is a member of one. This action has its own nuances (Articles 82 and 373 of the Labor Code). However, the trade union has no right to delay or refuse to justify its decision. He has only seven working days from the date of receipt of the draft order to dismiss the employee, and the union’s opinion must be motivated and explained. Moreover, the employer has the right, no later than a month after the trade union has expressed its opinion, to dismiss the employee. The HR specialist should remember that the indicated periods do not include “sick leave” and vacations; the waiting period must be extended for their duration.

If we are talking about the dismissal of a minor employee, that is, one who has not reached the age of 18, it is necessary to obtain the consent of the State Labor Inspectorate and the Commission on Minors' Affairs.

Let us separately say about the situation when it is planned to dismiss staff representatives participating in collective bargaining, and precisely during the period of their conduct. They cannot be dismissed without the consent of the body authorizing the representation, except in cases where the dismissal occurs for reasons specified in other federal laws.

When termination of a contract is not allowed

In addition to the grounds for dismissal, the Labor Code also defines categories of personnel to which termination of a contract at the request of the employer is not applicable.

Let us list them; in brackets is an article of the Code that provides exceptions to these rules.

Employees who are on vacation or have temporary disability (clause 1, part 1, article 81 of the Labor Code of the Russian Federation). If it becomes necessary to part with such employees, it is necessary to notify them of the dismissal in due time and record receipt of the notification, and then wait until the end of the vacation or sick leave.
Women “in position” (clause 1, part 1, article 81 of the Labor Code of the Russian Federation).
Mothers of young children under 3 years old, single mothers with children under 14 years old, single mothers with disabled children under 18 years old (Parts 1, 7-8, 11 of Article 81 of the Labor Code of the Russian Federation).

Guarantees and compensation

Because the contract of employment will be severed at the request of the employer himself, it seems reasonable that in this case former employee certain financial compensations guaranteed by law are provided. They can be divided into two groups: general and special.

General guaranteed payments include those that are not related to the reason for dismissal. First of all, this is compensation for unused vacation.

This type of payment is required to be paid even if the employee himself is to blame for being fired (for example, if he did not comply with labor regulations, was absenteeism, etc.). It will be calculated in the standard manner: the amount of average daily earnings is multiplied by the number of allotted days, depending on the date of dismissal, which, in turn, is determined based on the elapsed 12 months.

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Special payments are determined by the category to which the employee belongs (for example, it is important whether he is a pensioner) and the immediate reason for termination of the contract. They are aimed at leveling and mitigating the very situation of changing jobs and are designed to provide support to the person being fired. Especially many guarantees are provided for those employees who leave the company due to layoffs. For them it is intended, in addition to general compensation, severance pay in two months, and in some cases in three.

In addition, special guarantees include the employer’s obligation to offer the employee other employment in the organization, possibly requiring less qualifications. In some cases collective agreement obliges

In any case, it is important to remember that all guarantees for dismissed employees must be carefully observed. At the slightest violation The court, most likely, will not side with the employer and will oblige the dismissed person to be reinstated and paid for his “downtime.”

Unlike the employee, the employer’s freedom to terminate the employment contract at the employer’s initiative is limited by a number of strictly formal rules:

The dismissal of an employee must be carried out for specific circumstances, the list of which is according to general rule is established in federal laws, mainly Article 81 and, as an exception, in the employment contract itself, which is permissible for certain categories of workers (homeworkers, managers and others)

Dismissal at the initiative of the employer is carried out in a strictly established manner, that is, the law provides for a specific dismissal procedure for a specific reason for dismissal, for example, the rule employee notifications, taking into account the opinion of VOPPO.

It must be taken into account that in the event of a labor dispute regarding the reinstatement of an employee dismissed at the initiative of the employer, the obligation to prove the existence of a legal basis and compliance with the established procedure for dismissal rests with the employer.

Dismissal at the initiative of the employer for certain reasons entails payment to the employee according to statutory compensation

General guarantees established for employees in cases of dismissal at the initiative of the employer. They are general not because they apply to everyone, they apply for a group of reasons, and for certain categories of workers:

Dismissal of an employee is not allowed, with the exception of dismissal under paragraph 1 of part 1 of Article 81 during the period of temporary disability and while on vacation, in relation to pregnant women, as well as women with children under 3 years of age, single mothers raising a child under 14 years of age, if he is disabled, then up to 18 years of age and other persons raising such children without a mother, with the exception of dismissal under paragraphs 1.5-8, 10, 11 of part 11 of article 81 and part 2 of article 336

Termination of an employment contract with employees under 18 years of age is allowed at the initiative of the employer, in addition to the general procedure, only with the consent of the state labor inspectorate and the commission for minors.

The dismissal of employees who are members of trade unions on the grounds of clauses 2,3,4 of part 1 of Article 81 is carried out taking into account the opinion of the VOPPO (trade union committee) in accordance with Article 373.

Representatives of employees participating in collective bargaining during the period of their introduction cannot be dismissed at the initiative of the employer without prior authority of their authorizing body, with the exception of dismissal for culpable reasons (dismissal related to a disciplinary offense)

Representatives of workers and their associations participating in the resolution of a collective labor dispute cannot be subject to disciplinary action during the dispute, transferred to another job or dismissed at the initiative of the employer without the prior consent of the body authorizing them (405)

Grounds for dismissal Article 81

Termination of an employment contract in the event of liquidation of an organization or termination of the activities of an individual entrepreneur (clause 1 of part 1 of Article 81).

The basis for dismissal under this clause may be a deprivation of liquidation of a legal entity, that is, a decision to terminate its activities without the transfer of rights and obligations through succession. If the employer is an individual entrepreneur, then the contract under this clause can be terminated when the activities of the individual entrepreneur are terminated on the basis of his own decision, as a result of his being declared insolvent (bankrupt) by a court decision, due to the expiration of certificates or permits. In case of a dispute, the burden of proving the fact of termination of activity falls on the employer.

Is it always logical to say that the dismissal of employees due to the liquidation of an organization is dismissal at the initiative of the employer?

In the event of termination of the activities of a branch, representative office or other separate division located in another area, the dismissal of employees of such divisions occurs according to the rules of liquidation of the organization.

Guarantees and dismissal procedure:

The employee is notified in writing against signature two months before dismissal. In practice, this occurs either by reading the order against signature, or by delivering a special notice to the employee. In case of refusal to certify the fact of familiarization with the order or receipt of notification, a corresponding act of refusal is drawn up which is confirmed by the signatures of at least two witnesses.

The rules for drawing up acts will be the same for all cases in labor law (the rules are indicated above).

The employer has the right, with the written consent of the employee, to terminate the employment contract with him on this basis before the expiration of the two-month notice period, while paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice period.

In addition to notifying the employee himself, when deciding to liquidate the organization and possible dismissal of the employee, the employer is obliged to inform the employment service authorities in writing no later than two months before the start of the relevant measures. The notice must indicate the following: profession, specialty, position, qualifications and level of remuneration for each specific dismissed employee. If liquidation results in mass dismissal workers (and the criterion for mass dismissal is established in industry agreements or territorial agreements), then notification of the employment service authorities is made no later than three months in advance.

The dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains his average earnings for the period of employment but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary may be retained for the third month by decision of the employment service authorities, provided that the employee applied to this authority within two weeks from the date of dismissal and was not employed by it. For employees of certain categories, separate periods for maintaining average earnings are established, for example, up to 6 months for persons dismissed from organizations in the regions of the far north, as well as ZATO - Article 317 of the Labor Code of the Russian Federation (forgot about individual entrepreneurs).

On this basis, it is possible to dismiss employees during their vacation or during a period of temporary incapacity for work.

Clause 2 of part 1 of Article 81 reduction of the number or staff of employees of an organization or individual entrepreneur. The right of the employer to determine its own structure and manage personnel, including taking measures to reduce them. In this regard, the courts, when considering disputes about dismissal under this clause, do not have the right to check the feasibility or economic justification of a reduction in headcount or staff, but are obliged to check whether the reduction was actually carried out (whether such a reduction was not fictitious), and whether all requirements were met labor legislation. Headcount reduction differs from staff reduction in that in the first case the number of staffing units, and in the second, the number of positions, specialties and professions in the state. A reduction in numbers may coincide with a reduction in staff. A fictitious reduction is a reduction of any unit that is carried out for the purpose of dismissing a specific employee without economic justification, usually after a short time in staffing table a similar position is being restored.

Guarantees and dismissal procedure:

The employer is obliged to notify the following entities in writing about this decision (reduction) and the upcoming dismissal:

VOPPO no later than two months before the start of the relevant activities, and if this may lead to mass dismissal no later than three months

Employment service body, just like in VOPPO

The employee himself can be terminated personally and against signature no later than two months before the dismissal, before the expiration of this period, with the written consent of the employee, subject to additional payment. Compensation under Article 180 of the Labor Code of the Russian Federation

When reducing numbers or staff, the rules on the preferential right to remain at work must be observed; it is provided to employees with higher labor productivity and qualifications; if these indicators are equal, the following must be taken into account:

Having two or more dependents in the family

Absence of any other persons in the family with independent income

The fact of receiving a work injury or occupational disease while working for this employer

Disabled status during the Second World War, or during military operations to defend the fatherland

The fact of improving the qualifications of workers without interruption from work

Dismissal of employees of trade union members takes into account VOPPO

Dismissal on this basis is allowed only if it is impossible to transfer the employee to another job with a given employer. The employer is obliged to offer the employee, during the entire notice period, as soon as they appear, all vacancies corresponding to the employee’s qualifications and lower vacancies that the employee can fill, taking into account his state of health. He is obligated to offer vacancies available to him in a given locality; existing vacancies in another locality are offered only if this is provided for by the Code of Conduct. The employer must obtain evidence that he offered available vacancies, for example, have a notice of the availability of vacancies for which the employee signs to confirm the fact of familiarization.

Payment of severance pay and preservation of average monthly earnings occurs according to the rules of paragraph 1 of part 1 of Article 81

Clause 3. Inconsistency of the employee with the position held or the work performed due to insufficient qualifications established by the certification. Dismissal under this clause is permitted provided that the qualification discrepancy is confirmed by the written result of certification, which can be carried out in the manner established:

Labor legislation (for example, on the dismissal of rescuers on the status of laws)
Other legal acts in the field of labor law (RF Government Decree 1997 on the certification of emergency rescue services)
Local regulations. Any employer has the right, in order to verify the employee’s compliance with qualification requirements, to provide rules on certification at the local level; most often, the corresponding local regulatory act is called a regulation on certification.

When conducting certification, which may serve as a basis for dismissal of employees, a representative of the VOPPO must be included in the certification commission.

The employer does not have the right to terminate the contract with the employee under this clause if certification for this employee was not carried out or was carried out in violation of mandatory rules, or the certification commission came to the conclusion that the employee corresponds to the position held or the work performed, unconditionally or even with reservations, while the conclusions of the certification committee commissions (in the event of a legal dispute) on the employee’s business qualities are considered in conjunction with other evidence presented in the case. The certification commission is usually entitled to make three conclusions:

On the employee’s suitability for the position held and possibly on recommendations for promotion of the employee

About inconsistency with the position held

On suitability for the position held, subject to the elimination of comments

Dismissal under this clause is permitted if it is impossible to transfer the employee to another job available to the employer with the written consent of the employee. The rules for providing vacancies are the same.

Clause 4 of part 1 of Article 81 termination of an employment contract in the event of a change in the owner of the organization’s property

This reason is special since only the head of the organization, their deputies, and the chief accountant can be dismissed under this clause (heads of branches cannot be fired). However, this reason for dismissal was included in the list of general ones due to the fact that for managers, deputies and chief accountants there are not many specific features for the formation of a separate chapter.

Deadline for dismissal - no later than three months from the date of transfer of ownership, you can dismiss. Employees are provided with compensation upon dismissal (Article 181 of the Labor Code of the Russian Federation) of at least 3 average monthly earnings.

Clause 5 of Article 81, termination of an employment contract in the event of repeated failure by an employee to fulfill work duties without good reason if he has a disciplinary sanction. This type of dismissal in itself refers to a disciplinary sanction; therefore, in addition to the general rules of dismissal, the norms of Chapter 30 of the Labor Code of the Russian Federation (labor discipline, this will also apply to all other types of disciplinary dismissals, which we will consider below) must also be taken into account. Failure by an employee to fulfill his job duties without good reason means both failure and improper execution the employee of the work duties assigned to him, which may manifest itself in violation of the requirements of the law, obligations from the employment contract, PVTR, proper instructions, regulations, orders of the employer, technical rules, and so on. The concept of valid reasons is an evaluative one and will be determined depending on the circumstances of a particular case.

The employer has the right to terminate the contract on this basis, provided that a disciplinary sanction was previously applied to the employee and at the time of repeated failure to fulfill his work duties without good reason, it has not been lifted or extinguished.

A disciplinary sanction is extinguished if within a year from the date of its application the employee is not subjected to a new disciplinary sanction. Before the expiration of a year, the employer has the right to lift a disciplinary sanction from an employee on his own initiative, at the request of the employee, at the request of his immediate supervisor or trade union body. Application of a new disciplinary sanction to an employee, including dismissal under this clause, is also permissible if failure to perform or improper performance of job duties continued despite the imposition of a disciplinary sanction, for example, in the case of an employee’s continued evasion from undergoing a medical examination which is mandatory in his profession, continued evasion from passing the safety exam and others.

The employer has the right to apply a disciplinary sanction to the employee in the form of dismissal even when, before committing the offense, he submitted a letter of resignation of his own free will, since the employment relationship in this case terminates only after the expiration of the notice period for dismissal. Examples of failure to fulfill labor duties are absence from work without good reason or from work at all.

Note: if the employment contract concluded with an employee or PVTR does not stipulate a specific place for the employee, then when a question arises about its determination, Part 6 of Article 209 of the Labor Code of the Russian Federation should be applied, according to which the workplace is understood as the place where the employee should be or where he needs to arrive in connection with with his work and which is directly or indirectly under the control of the employer.

Example: refusal of an employee to perform job duties without good reason due to a change in labor standards in accordance with the established procedure (Article 162 of the Labor Code of the Russian Federation). Labor standards are production standards, for example, which can be revised by the employer. It should be borne in mind that refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (Article 74 of the Labor Code of the Russian Federation) cannot be a violation of labor discipline, but serves as grounds for dismissal under clause 7 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Example: refusal or evasion without good reason from a medical examination for workers of certain professions, or refusal to undergo a medical examination work time special training and passing an examination on occupational safety and health if this is a prerequisite for admission to work

Example: paragraph 36 of the resolution of the plenum No. 2 separately considers the situation of an employee’s refusal to conclude a written agreement on full financial responsibility - independently

And others.

A number of points are indicated by Resolution of Plenum No. 2, in particular, an employee’s refusal to comply with the employer’s order to go to work before the end of his vacation cannot be considered as a violation of labor discipline, since the employee’s recall from vacation is possible only with his consent.

In the event of a dispute, the employer must have evidence demonstrating that:

The violation committed by the employee, which was the reason for dismissal, actually took place and could be grounds for dismissal

The employer complied with the deadlines and procedure for bringing to disciplinary liability established by Article 193 of the Labor Code of the Russian Federation (learn).

The day of discovery of the offense from which it begins to flow month period for bringing to disciplinary liability, the day when the person to whom the employee is subordinate became aware of the commission of an offense is considered, regardless of whether he is vested with the right to apply a disciplinary sanction. This period does not include the employee’s time of illness, his stay on vacation, as well as the time spent by the employer on the procedure for taking into account the opinion of the VOPPO (373), as well as the employee’s absence from work for other reasons.

Clause 6, termination of labor rights in the event of a one-time gross violation by an employee of his duties is also a type of disciplinary dismissal. Unlike paragraph 5, paragraph 6 does not have an abstract formulation, but a closed list of types of violations:

Absenteeism, that is, absence from the workplace without good reason during the entire working day or shift, regardless of their duration, as well as more than 4 hours in a row during the working day or shift. Absence from the workplace means a situation where either the employee did not go to work at all, or went out but was outside his workplace, for example, in other premises, with colleagues, on the territory, and so on. An employee’s absence from the workplace due to the employee’s suspension or exclusion from work cannot be regarded as absenteeism (76), because the initiative in these cases comes from the employer himself, although it may be associated with unjustified reasons related to other work. The situation when an employee is at his workplace but refuses to do his work, then this is also not absenteeism. It is also not considered absenteeism if an employee is absent from the workplace in case of suspension of work due to a delay in payment of wages for a period of more than 15 days, provided that he has previously notified the employer about this in writing (about the suspension of work). The validity of the reasons for absence is determined in each specific case by the employer based on the employee’s explanations. Of course, valid reasons include emergency circumstances that prevent the employee from being at work, the employee’s illness, the need to provide assistance to third parties.

Examples of absenteeism:

Abandonment of work without a good reason by a person who has entered into an employment contract for an indefinite period, without notifying the employer about this within the established time frame. Must be locally normative act– the obligation to notify the employer of changes in personal data and a record that in the event long absence the employer has the right to request an explanation for absenteeism by mail.

Abandonment of work without a valid reason by a person who has entered into a fixed-term employment contract until the expiration of this contract or the period of notice of early termination

Unauthorized use of time off, unauthorized going on vacation, it must be taken into account that the use of rest days by an employee is not absenteeism if the employer, in violation of the duties provided for by labor legislation, refused to provide them, and their use did not depend on the discretion of the employer. For example, Article 176 (donors).

Leaving a job by an employee for another job function if the employee was transferred legally by the employer. For example, Article 72.2. The time an employee is absent from the workplace must be recorded by the employer; in practice, this is done in an absenteeism report drawn up by an authorized person in the presence of witnesses, as well as in a work time sheet

The appearance of an employee at work or at a place specified by the employer or facility where, on behalf of the employer, the employee must perform his work function in state of alcoholic, toxic, narcotic and other intoxication. For dismissal, the mere fact that the employee is in such a state at work during working hours is sufficient. If an employee comes to work on a weekend or holiday, or if intoxication occurs after the end of the working day, dismissal is unacceptable.

If an employee is found to be intoxicated at a checkpoint, he should be escorted to the employer’s premises and a document drawn up there confirming the fact of intoxication at the start of his working day or shift. The state of intoxication can be confirmed as medical report(if there is such an opportunity to obtain it), and with the help of other types of evidence. For example, witness testimony and a report on the employee’s appearance at work in a state of intoxication. In the act, it is necessary to indicate specific signs by which the state of intoxication is determined (incoherent speech, persistent bad breath, unsteadiness of gait), the time of drawing up the report, and it must be within working hours, the place of drawing up the report (office of such and such) and certify everything with the presence and signatures of witnesses. After drawing up the act, the employer should remove the employee from work; however, this has no legal significance for dismissal

Disclosure of a secret protected by law that has become known to an employee in connection with the performance of job duties, including disclosure of personal data of another employee. State secret is information protected by the state in the field of its military, foreign policy, intelligence, counterintelligence, the dissemination of which could harm the security of the Russian Federation. Information is classified as an official or commercial secret when it has the following characteristics:

Information has actual or potential commercial value due to unknown to third parties
No legal third party access on legal grounds
The owner of the information takes measures to protect its confidentiality (example: know-how)

According to the Federal Law on Trade Secrets of 2004, information constituting a trade secret is scientific, technical, technological, production, financial, economic and other information, including production secrets, which has the characteristics listed above (signs from 139 of the Civil Code of the Russian Federation) in relation to which the owner of the information a trade secret regime has been introduced. Thus, dismissal of an employee for disclosing a trade secret is possible only if the employer has established a trade secret regime in relation to this information and has also established the employee’s obligation not to disclose this information (the obligation is specified in the employment contract + a non-disclosure agreement). In addition, mandatory elements of the trade secret regime are a list of acts, documentation, information related to a trade secret approved by the employer and placing a mark on the media of this information indicating that it is confidential.

Other types of secrets protected by law are medical, lawyer, notarial, and so on. What law protects the secret of confession?

Personal data of an employee is information that is necessary for the employer in connection with labor relations concerning a specific employee. Disclosure is an action or inaction as a result of which information in any possible form (oral, written, other form, including using technical means) becomes known to third parties without the consent of the owner of this information. The obligation of non-disclosure of information must be stipulated in the employment contract with the dismissed employee.

Assignment for the seminar: a situation where the employer has established an obligation to maintain a trade secret for 5 years, what responsibility does the former employee have for disclosure?

In case of a dispute, the employer is obliged to provide evidence demonstrating the following:

Disclosures of information relate to the indicated types of secrets

The information became known to the employee precisely in connection with the employee’s performance of work duties. Is it possible to fire an employee if secret information became known from a work colleague?

The employee agreed not to disclose this information

committing theft at the place of work, including petty theft of someone else's property, embezzlement, intentional destruction or damage established by a court verdict or a decision of a judge, body, official authorized to consider cases of administrative offenses that have entered into legal force. Theft and other actions must be committed at the place of work, that is, on the territory of the employer or other facility where the employee must perform a labor function. Any property that does not belong to a given employee should be considered as someone else's property, in particular property belonging to the employer, other employees, as well as non-employees (clients, visitors). A one-month period has been established for the application of such a measure disciplinary action and comes into force from the date of entry into force of the court verdict or in the case of administrative offense. You need to know Article 293.

In the event of a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe), or knowingly created real threat the occurrence of such consequences. Compliance with labor protection requirements is the general labor responsibility of every employee. Violation of labor protection requirements must be documented by the above-mentioned entities, for example, in a report on an industrial accident, a report on the investigation of an accident at an enterprise. The Occupational Safety and Health Commission is a social partnership body formed by the employer on a parity basis from representatives of the VOPPO or other representative body and from representatives of the employer. This commission is responsible for ensuring labor safety requirements, and also organizes inspections of labor safety conditions at workplaces; sometimes such functions are carried out by labor safety commissioners. The list of grave consequences is closed. If the employee was not properly familiarized with labor safety requirements or, through the fault of the employer, did not undergo training and testing of knowledge in the field of labor protection, then the dismissal of such an employee under this clause is not permissible.

Clause 7 in the event of guilty actions committed by an employee directly servicing monetary and commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer. Clause 7 and clause 8 may or may not be disciplinary sanctions. A special subject under this clause is an employee who directly services monetary or commodity values. Such persons are understood as workers who receive, store, transport, distribute, process commodity or monetary assets, or similar actions. Examples of professions: loader, cashier, seller, receiver, bartender, cook, supply manager. IN this group employees includes not only persons with whom agreements on full financial responsibility can be concluded, but also other employees who are directly entrusted with valuables in connection with their work duties. As a rule, actions that give rise to loss of trust by the employer are associated with the commission of selfish acts or gross careless violations. The fact of these actions must be documented. It does not matter whether these actions led to real damage to the employer. Examples of mercenary acts - embezzlement, theft, taking a bribe, examples of gross careless acts - a gross violation by a storekeeper of the rules for storing any goods, which created a threat or led to damage.

If it is established in the manner prescribed by law that such actions have been committed (theft, bribery and other mercenary acts), these employees may be dismissed on this basis even in the case when these actions are not related to their work. In this case, dismissal will not constitute a disciplinary sanction. In the case where guilty actions are committed by an employee at the place of work and in connection with the performance of his job duties, dismissal under this paragraph is a disciplinary sanction. Dismissal of an employee on this basis in cases where guilty actions leading to loss of confidence were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of job duties, is not allowed later than 1 year from the date of discovery of the misconduct by the employer.

Clause 8. In the event that an employee performing educational functions commits an immoral act incompatible with the continuation of this work. An immoral act is an evaluative category, determined in each specific case by the employer himself, focused on the moral norms of society. In practice, these clearly include crimes, as well as some administrative offenses, for example, appearing in public place in a state of severe intoxication, public foul language, other cases of hooliganism, giving deliberately false testimony, using false documents, using unauthorized educational measures against pupils and students. The fact that an offense has been committed must be recorded, although it is not necessary that it be recorded in a court verdict or in a resolution in a case of an administrative offense. This may be information that the employer can trust, written in a certain way (memo). Also, a special subject is employees who are engaged in educational activities, for example, teachers, lecturers educational institutions, industrial training masters, educators, and so on.

Dismissal under this clause can also occur either in the form of a disciplinary sanction if the offense was committed at the place of work in connection with the performance of job duties, or it can be dismissal on a general basis if the offense is committed outside the place of work, or at the place of work, but not in connection with with the performance of work duties. In the latter case, the period for dismissal is one year from the date of discovery of the misconduct.

Clause 9 Making an unjustified decision by the head of the organization (branch, representative office), his deputies, the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property. Dismissal under this point is a disciplinary sanction. When deciding whether the decision taken was unreasonable, it is necessary to take into account whether the named adverse consequences occurred precisely as a result of such a decision and whether they could have been avoided if a different decision had been made. When qualifying a decision as unreasonable, the normal degree of business or economic risk acceptable in each specific circumstances of the case must be taken into account. The presence in the employee’s actions of at least a sign of good faith (that is, acts flawlessly) and reasonableness (adequacy) should already exclude the possibility of dismissing the employee on this basis.

Examples: the head of an organization has a need to purchase goods and makes an advance payment to an unverified counterparty; it turns out that he is a fraudster. Did the manager have the opportunity to check the activities of this counterparty and adequately assess the behavior of the representative of this counterparty?

Clause 10 in the event of a one-time gross violation by the head of the organization (branch, representative office) and his deputies of their labor duties. Dismissal here is also disciplinary. The question of whether a violation was gross is decided taking into account the specific circumstances of each case. Therefore, the burden of proving the fact of the violation and its gross nature falls on the employer. In judicial practice, it is proposed to regard as such violations, for example, failure to fulfill the duties assigned to the manager and his deputies, which could result in harm to the health of employees or damage to the property of the organization. Example: submission of false accounting and tax reporting.

Clause 11 in the event that the employee provides false documents to the employer when concluding an employment contract. Dismissal under this clause is not a disciplinary sanction, because it takes place before the establishment of an employment relationship. Question for the legislator: might it be worth expanding the scope of responsibility? Dismissal under this clause is possible when the employee provides the employer with a false document, which must be presented to them when concluding an employment contract.

Clause 12 is no longer valid

Clause 13 in the case of members of the collegial body provided for in the employment contract by the head of the organization executive body organizations. “Grim dispositiveness” within the framework of the law. Example: failure to fulfill the company’s profit plan, reduction in revenue, liquidity indicators, and so on.

Clause 14 in other cases established by the Labor Code and other Federal Laws. This refers to additional or in other language special grounds for dismissal for certain categories of workers

General note in relation to all points: When imposing a disciplinary sanction on an employee who has committed a disciplinary offense, the following must be taken into account - based on the general principles of legal responsibility, such as fairness, equality, proportionality, legality, guilt and humanity, the employer must, among other things, have evidence that that when imposing a penalty, the severity of this offense and the circumstances in which it was committed were taken into account, as well as the previous behavior of the employee and his attitude to work. If, when considering a dispute about reinstatement at work, the court comes to the conclusion that misconduct actually occurred, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied.

Labor Relations - shining example that it is much easier to conclude a contract than to legally terminate it early. Indirectly, this state of affairs is confirmed by the number of lawsuits and complaints about unlawful termination of an employment contract or violations of procedural requirements during its execution.

Normative base

Chapter 13 of the Labor Code of the Russian Federation is fully devoted to the issue of termination of labor relations. Largest quantity labor disputes arise in the event of an initiative on the part of the employer (Article 81 of the Labor Code of the Russian Federation), since, most often, such dismissal becomes a consequence of an internal conflict with a subordinate.

However, this does not mean at all that questions and difficulties do not await personnel officers when terminating contracts on the basis of other articles of the Labor Code of the Russian Federation:

Art. 78 – agreement of the parties implies the presence of a document on the conditions of separation or a personal signature on the order with the appropriate wording;
Art. 79 – in order for the contract not to be recognized as indefinite, it is necessary to warn in time about its expiration, and then the dismissal will not raise questions from the regulatory authorities;
Art. 80 – own wish the employee must be confirmed by a personal statement, taking into account that in most cases this document can be revoked at any day during the employer’s notice period;
Art. 81 – obliges the employer to collect a package of convincing evidence of his own innocence, as well as confirmation of the employee’s guilty actions;
Art. 83 – the presence of force majeure circumstances must be confirmed by a third disinterested party (medical board, court, military registration and enlistment office, licensing system authorities, etc.);
Art. 84 - concerns those situations where the employment contract initially did not have the right to exist (providing false information upon admission or concealing significant circumstances).

Additional reasons to part with an unsuitable specialist can be found in:

Art. 71 – based on the results of the test, the employee may not come, the main thing is to inform him about this in a timely and reasoned manner;
Art. 72.1 and art. 73 – if the company’s proposal to transfer an employee to another position for objective reasons was met with a sharp refusal, then termination of employment relations with him will be not only legal, but also a logical action of his superiors;
Art. 74 and art. 75 – the employee’s disagreement with the changed working conditions must be confirmed by his signature, then the dismissal will not cause additional proceedings.

General grounds for termination of employment relations are listed in Chapter 13 of the Labor Code of the Russian Federation.

Grounds for termination of an employment contract

The short wording “at the initiative of the employer” in the title of Art. 81 of the Labor Code of the Russian Federation hides a very extensive list specific reasons and grounds for termination of employment contracts. It is impossible to bring all the variety of cases under a single procedure for terminating an employment contract at the initiative of the employer, but it is quite possible to group them into several categories:

Type of termination	Design features	Article of the Labor Code of the Russian Federation
Liquidation of an institution or individual entrepreneur	Final closure of the subject economic activity make it possible to calculate even “non-dismissable” categories, art. 261 TK. It is enough to warn them 2 months in advance and pay benefits (maximum three average salaries).	clause 1 art. 81
Staffing reduction	Reduction without liquidation is possible only after lengthy and costly procedures (notification 2 months in advance, agreement with government agencies and the trade union, search and offer of vacancies, etc.). A pregnant woman, for example, cannot be fired on these grounds, Art. 261 Labor Code of the Russian Federation.	clause 2 art. 81
Inconsistency with the position held	Only a commission can establish a discrepancy based on the certification performed. Before dismissal, you must offer a transfer to another place.	clause 3 art. 81
Change of owner	Only the management team (director, his deputies and chief accountant) can be fired; ordinary employees can count on continued cooperation.	clause 4 art. 81
Dereliction of duty	For legal dismissal, you must have evidence that the failure to comply is systematic, committed by the employee intentionally or due to negligence. The personal file of the dismissed person must contain information about the disciplinary sanction outstanding on the day of settlement.	clause 5 art. 81
Gross violation (absenteeism, drunkenness at work, disclosure of trade secrets, theft/embezzlement, etc.)	Any single violation considered gross will be sufficient grounds for dismissal. You can expel an employee based on this fact without fear, but taking into account the requirements of Art. 192 of the Labor Code on the proportionality of punishment, the degree of a person’s guilt and accompanying circumstances.	clause 6 art. 81
Loss of trust	Those who, under an employment contract, carry out transactions with money or inventory items should be afraid of dismissal on these grounds. If the employee’s guilt is proven, then it is possible to pay even for an act committed not in relation to the property of the enterprise.	clause 7 art. 81
Providing false data	Fraud during hiring can result in immediate dismissal. The Labor Code of the Russian Federation does not specify, but it is still possible to terminate the contract if these documents confirmed the special skills or education necessary for the job. If a miner, for example, lied about graduating from a music school, then his dismissal for providing false information will be considered illegal.	clause 11 art. 81
Incompetent decision by the manager	The circle of managers includes not only the first person of the enterprise, but also his deputies and the head of the accounting service. In order to be dismissed, you must have evidence that the company has lost money or its property has been damaged, and possibly that profits have been lost due to the fault of these persons.	clause 9 art. 81

When is it impossible to terminate a contract?

Labor legislation of the Russian Federation is often criticized for being excessively protective of the employee. In particular, additional guarantees are provided for certain types of employees, termination of the employment contract with whom at the initiative of the employer is either impossible or very difficult.

The first and most unshakable norm concerns pregnant women, Art. 261 Labor Code of the Russian Federation. It is impossible to fire an expectant mother from a working company for any reason, even if she does not show up at the workplace for no reason or constantly ignores the demands of her superiors. The employer has only a limited list of disciplinary or material measures left in its arsenal:

reprimands and comments, Art. 192 Labor Code of the Russian Federation;
absenteeism on the report card allows you to reduce your salary for hours not worked;
failure to fulfill the plan or one’s work functions allows one not to include the pregnant woman in the bonus order.

The dismissal of a woman in this position is permissible only if the business entity is completely liquidated, but it is unlikely that the management will decide to close its doors just so as not to see one of its employees again.

Other categories of employees burdened with young children or other family responsibilities receive similar guarantees. But unlike pregnant women, the mother of a child under three years old can be fired for confirmed guilty actions in relation to the enterprise or failure to fulfill work duties, Art. 261 Labor Code of the Russian Federation.

In various situations additional benefits to remain at work you receive:

employees with an impeccable work reputation and qualifications;
breadwinners of families with two or more dependents;
disabled people injured in the same production;
combatants and disabled people of the Second World War;
students sent to educational institutions by the employer himself.

Dismissal procedure

Before terminating an employment contract at the initiative of the employer, the personnel officer needs to once again refresh his memory not only of the provisions of Art. 81 of the Labor Code of the Russian Federation, but also look into Art. 84.1 of the same code. After all, it is there that contains a generalized step-by-step guide for the correct execution of paperwork upon dismissal.

Documentary base

It is necessary to begin the procedure for terminating an employment contract only after the categorical position of the management is supported by documented evidence:

employee reports;
explanatory statements of candidates for employment and witnesses of the events that caused the dismissal;
acts, protocols and certificates from doctors;
the grounds for dismissal may be confirmed by a court decision in criminal or administrative claims;
correspondence with the employee or documents handed to him personally against signature;
acts of refusal drawn up in the presence of eyewitnesses or a commission.

It is up to the employer to prove the legitimacy of his own position and the guilt of the employee before regulatory authorities or in court, so having as many papers as possible will only benefit management. In addition, this will be an unnecessary reminder for inspectors that the management was trying to resolve the conflict or reduce the influence negative consequences per employee.

A dismissed employee, even if the grounds for leaving were his guilty actions, cannot be impaired in his rights to receive cash payments, compensation and benefits.

Payment and compensation

The form and reasons for termination of the employment contract cannot affect the list of monetary payments. Anyone fired has every reason to demand that management give him:

balance of salary for the current period;
vacation compensation (days earned on the day of dismissal);
severance pay and other bonuses provided for in the collective agreement (if any);
reimbursement of expenses incurred by the employee in the interests of the enterprise or payment for material damage caused, if such cases occurred, Ch. 38 Labor Code of the Russian Federation.

In fairness, it must be said that a situation may arise when an employee “goes into the red” for some types of accrual. For example, the employer has the right to withhold the amount of vacation pay for used but unearned rest days. Payments can be reduced by the amount of the advance received previously, as well as the agreed amount of damage that was caused to the company (by agreement with the employee or a court decision).

Deadlines

In case of early termination of an employment contract at the initiative of the employer, the first thing that concerns the personnel department is ensuring the legality of the procedure. In this matter, compliance with the deadlines allocated for this is not the least important. The most common norms of the Labor Code of the Russian Federation:

dismissal as a disciplinary sanction is not necessary later than a month from the date of discovery of the offense, but no more than six months (sometimes 2 years) after its commission, Art. 193 Labor Code of the Russian Federation;
action fixed-term contract must be terminated on the day of its expiration, not forgetting to notify the employee about its end three days in advance, Art. 79 Labor Code of the Russian Federation;
reduction of staff or numbers is carried out no earlier than two (in mass cases - three) months after notifying the team, Art. 180 Labor Code of the Russian Federation;
in case of forgery, the contract can be terminated from the moment of confirmation of the fact that prevents the continuation of the employment relationship, Art. 81 Labor Code of the Russian Federation.

The list of main stages of termination of an employment contract is described in Art. 84.1 Labor Code of the Russian Federation.

Recording in labor

Article 84.1 of the Labor Code prescribes strict adherence to the wording contained in the code when making entries in the employee’s work book. Even a slight distortion can change the content, which, in turn, will give grounds for the judge to recognize dismissal for reasons not contained in the labor legislation.

An experienced personnel officer tries to enter the correct wording already at the stage of drawing up the dismissal order, and then accurately transfers it to the pages of the labor document. The information about the work indicates not only a verbal definition of the reason for the end of the working relationship, but also specifies the number of the article of the code, as well as its clause and part.

An important point can be considered the handing over of the book itself to a former colleague. This must be done no later than one day after dismissal, if the employee was absent from the workplace on the last day. If personal transfer has not taken place even after 24 hours, then the employer should not relax, thinking that the dismissal’s failure to appear will protect him. The next day after dismissal, you must send a letter to the person inviting him to appear for his documents or give written permission to send a package of papers by mail.

If you request a personal visit former employee ignored and did not respond to the message, the manager is obliged to ensure the “eternal” storage of someone else’s work record (75 years from the date of separation from the employee).

Nuances when terminating contracts of different types

The whole variety of forms and types of employment contracts can be divided into two large groups: fixed-term and indefinite. The legislator makes an unspoken emphasis on the fact that it is preferable to formalize relations with all members of the team on the principles of constant cooperation. Limiting the duration of employment contracts is permissible only in exceptional cases. But as often happens, employers find loopholes in the law and sign fixed-term contracts with employees, even in situations where this is not entirely justified.

Urgent

A time-limited agreement with an employee is acceptable when it is clear in advance that it is impossible to promise permanent cooperation. In particular, when replacing a temporarily absent specialist, with pronounced seasonality of work, as well as if the company itself was created to implement a specific project.

A lawfully concluded fixed-term contract quite simply terminates on the last day indicated as the end date of the employment relationship. It is enough to provide the employee with a written reminder of this circumstance three days before this calendar date and no later than last day carry out all the procedures (issue an order, fill out and return the labor form, pay the money).

It is more difficult to formalize early termination of a temporary employment contract at the initiative of the employer. No tricks will allow you to reduce legal guarantees for employees, because within the period of validity of the work contract, the code does not distinguish between permanent and non-permanent specialists. The procedure for collecting documents allowing for unscheduled dismissal, as well as evidence of a person’s guilt, must be collected in the same volume, depending on the essence of the article of the Labor Code of the Russian Federation applied to him.

If the termination of a fixed-term employment contract occurs in accordance with the clauses of the signed document, then this cannot be called “at the initiative of the employer”, Art. 79 TKRF.

Indefinite

If an employee is hired on a permanent basis, then the employer’s mere desire will not be enough to dismiss him. The simplest way is for the employee to not object to the settlement (Article 78 of the Labor Code of the Russian Federation) or to seek to leave himself (Article 80 of the Labor Code of the Russian Federation). In all other cases, termination of the employment relationship will require evidence, and sometimes even the involvement of third parties (police, court or auditors).

It often happens that contracts initially concluded for a limited period become indefinite. This transformation is possible for several reasons:

the notice period was missed or the dismissal was issued late;
circumstances have changed and neither party wants to terminate the contract;
the contract period exceeds five years;
the legality of concluding a fixed-term contract was challenged in court, and it was reclassified as permanent form employment.

Whether the working relationship has become indefinite or was so initially is not significant for labor legislation. It is important that such cooperation does not give the employer the right to painlessly dismiss an employee at any time convenient for him.

Termination of an employment contract is not always the result of an obvious or hidden conflict of interest. But when dismissing for any reason, it is vitally important to strictly follow the procedure for processing documents. Negligence at any stage can bring not only additional costs to the company, but also further disciplinary consequences against company officials.

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

Between the employee and the employer are completed at the initiative of the former. At the same time, the resignation letter is not always written voluntarily; the parties simply agree on exactly this method of ending their relationship. After all, employees usually do not want a record to appear in their work book indicating that the employment contract was terminated at the initiative of the employer.

The most common reasons for dismissal

The legislation - the Labor Code of the Russian Federation - provides a list of cases in which an employee can be removed from his position without his consent. Contrary to popular belief, this happens not only in situations where the boss is dissatisfied with the work of a subordinate. Thus, termination of a contract at the initiative of the employer is also possible in cases independent of the behavior of employees:

The organization or entrepreneur officially ceases its activities;

Staff cuts are being made;

There has been a change in the owner of the organization's property (only the deputy, manager and chief accountant can be fired).

But there are often cases when dismissal occurs due to failure to fulfill direct duties or a number of violations. Termination of an employment contract at the initiative of the employer without the consent of the employee is possible if:

Inconsistency of the employee’s health status with the position held (which must be confirmed by a certificate) or due to his insufficient qualifications (ascertained in the certification results);

Failure to fulfill labor duties (the violation must be repeated, each fact must be documented);

A single gross violation (absence from work without a valid reason for more than 4 hours in a row, appearing at the enterprise in a state of narcotic or alcohol intoxication, disclosure of protected secrets, theft, embezzlement, intentional damage to property, violation of labor protection, provision of false data).

Dismissal of management and employees with access to state secrets

Termination of an employment contract at the initiative of the employer can happen not only to ordinary workers; managers can also be dismissed from their positions without consent. In situations where the manager, his deputies or an accountant made a decision that resulted in damage to the integrity of the enterprise’s property or grossly violated labor duties, these employees may be dismissed. The legislation also stipulates the termination of employment contracts at the initiative of the employer with those who, due to their occupation, had access to state secrets, but lost the right to access them.

Probation

If an employee has just gotten a job, then, as a rule, he is given time to prove himself, he has the opportunity to show all his abilities. But managers are not always satisfied with the work of new subordinates. In this case, they can initiate termination of the employment contract for probationary period. The main thing is to have time to do this before the employee’s verification period ends, and be sure to notify him about this 3 days in advance. It is worth noting that such an employer’s decision can be challenged in court.

Regulated by the Labor Code of the Russian Federation. In particular, Art. 81 of the Labor Code of the Russian Federation is devoted to the issues of termination of an employment contract at the initiative of the employer.

Since in this case the rights and interests of the employee may be affected, it is necessary to strictly comply with the requirements of the law. It is worth considering in more detail the legal grounds for terminating an employment contract and the rules for carrying out this procedure.

The Labor Code identifies a number of cases in which the head of an organization or
Enterprises have the right to legally terminate a working relationship with an employee, even if the deadline established for this has not yet expired. All grounds can be divided into two groups - general and additional.

The general grounds apply to all categories of workers without exception. These include events such as:

Enterprise procedure or termination of activities of an individual entrepreneur.
Official (both in the organization and among individual entrepreneurs). In this case, dismissal is possible, but only if the manager does not have another vacant position for which the employee would agree.
Repeated failure by an employee to fulfill his obligations without good reason. To apply this basis, two conditions must be met:
- existence of a disciplinary sanction;
- the presence of a document that would clearly define the employee’s responsibilities and the criteria for performing the work (job description).
employee of the position he occupies or the work he performs. This reason must be documented and supported by the results of the certification.
Provision by an employee of documents that are counterfeit during employment.
One-time gross failure by an employee to comply with his duties. The following are considered gross violations of labor legislation:
- (this means the absence of an employee from his workplace for four or more hours in a row in one day or shift);
- disclosure of secrets that are protected by law (state, commercial) or personal data of another employee;
- presence at the workplace or on the territory of the employer in a state of toxic or narcotic intoxication;
- violation of labor protection requirements, which entailed serious consequences (accident, accident) or created a threat of their occurrence;
- committing theft or embezzlement in the workplace, deliberately causing harm and damage to someone else's property.
Other grounds provided for by current legislation.

Additional grounds cover only separate categories employees and can only apply to them. Such grounds are:

Change of owner of the company. The following categories of persons may be dismissed on this basis:
- Deputy Head;
The employee’s performance of actions that are the basis for. This reason applies to those employees who directly service commodity or monetary assets.
One-time and gross violation labor responsibilities of a person performing leadership functions in an organization. This applies to both the manager himself and his deputy.
Commitment by an employee of an immoral act that is incompatible with the further performance of his job duties. This is valid for those employees who perform educational functions.
Making a decision as a result of which the company's property was used unlawfully or suffered damage. This basis applies to the manager, deputy or chief accountant of the enterprise.
Other grounds provided for in the employment contract concluded with the manager.

In some cases there are exceptions to this rule.

The law identifies a number of employees with whom employment relations cannot be severed even if the listed grounds exist.

Cases in which termination of an employment contract is not permitted

Some categories of employees have special advantages when dismissed at the initiative of the employer. These include:

Persons with family responsibilities. They cannot be dismissed for failure to fulfill or a single gross violation of their duties, for providing false documents, or for committing guilty or immoral acts. These categories of workers include:
- . Termination of an employment contract with them is possible only in the event of liquidation of the enterprise or termination of the activities of the individual entrepreneur.
- employees with a small child (up to three years old);
- single mothers or other persons raising a young child (under 14 years of age) or a disabled minor child on their own;
- one of the parents who is the sole breadwinner in a family with a disabled minor child.
Employees who have not reached 18 years of age. They can be fired only if they have permission to do so from the state labor inspectorate or the commission on juvenile affairs. This applies to all grounds except liquidation and termination of the activities of an individual entrepreneur.

Also, restrictions on dismissal are provided for employees who are on vacation or temporarily disabled.

They cannot be dismissed except on the basis of impending liquidation.

In some cases, legal termination of an employment contract also requires the consent of the trade union body if the employee to be dismissed is a member of it.

Conditions and procedure for termination of the contract

Almost each of the grounds listed above has its own characteristics and nuances, which relate to both the general dismissal procedure and some of its details and features.

It is worth highlighting the conditions under which it will be possible to terminate an employment contract at the initiative of the manager:

availability for this legal grounds;
the employee’s belonging to a category that is subject to dismissal on these grounds;
availability of supporting documents or testimony (if the employee is fired for a guilty act);
compliance with established deadlines (depending on the grounds, the employer is given a limited period of time to terminate the contract);
respect for the rights and interests of the employee (providing him with other similar work, advance warning, payment of compensation, etc.).

It is important to consider the time frame within which a measure such as dismissal can be applied, depending on various grounds. For example, the employer is provided with month period from the date of discovery and six months from the date of commission, if we are talking about a guilty act.

In general terms, the dismissal procedure can be represented as follows:

Preparation of documents confirming the existence of grounds for termination of the contract. If there are guilty actions on the part of the employee, this can be confirmed by:
- an act of absence from the workplace;
- a written explanation from the employee or refusal to provide it (which is also recorded in the relevant act);
- an order to impose a disciplinary sanction committed by him earlier;
- medical report on the employee’s health status (if);
- conclusions based on the results of the investigation;
- a court decision that has entered into force, etc.
In the event of liquidation, a corresponding notice regarding the upcoming procedure must also be issued. It is worth considering that in most cases, the presence of a written explanation by the employee or an act of refusal to write it is a prerequisite for the legality of the procedure.
Issuance of an order on the upcoming termination of the employment contract indicating the grounds for this.
Notice of termination of an employee's contract. In some cases this must be done in advance. For example, no later than two months in case of liquidation of the company, as well as in case of staff reduction. The fact of familiarization by the employee is confirmed by his signature under the order issued by the manager.
Payment to the employee of all due benefits and compensation. Upon dismissal, the manager must pay him a salary for the time worked, as well as compensation for unused vacation (if he is entitled to it). In some cases, the employee is entitled to additional compensation in the form of severance pay (for example, upon dismissal due to staff reduction).

It is worth considering that an employee always has the right to challenge the actions of the employer and the fact of illegal dismissal in court.

During the consideration of the case, it is the employer who will need to prove the guilt of the employee and compliance with all legal requirements of the procedure. Otherwise, the employee may be reinstated, and the employer may be held administratively liable.

The list of grounds and reasons for terminating an employment contract with an employee is listed in the Labor Code of the Russian Federation and is exhaustive, that is, it is not subject to broader independent interpretation. This is due to the priority protection of workers’ rights in labor relations and respect for their interests. The procedure for terminating the contract must also be carried out in accordance with legal requirements, otherwise these actions may be considered unfounded, even if there were valid reasons for this.