Your employer is forcing you to quit, but you don’t want to. What to do?

It is rare that an organization does not need to fire an employee. There can be many reasons for this. For example, an employee does not get along with the team, copes poorly with his responsibilities, suffers from some kind of addiction, etc. Naturally, you must first try to negotiate with the employee so that he resigns of his own free will (clause 3, part 1, article 77 Labor Code of the Russian Federation) or by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation).

However, it happens that an employee does not want to leave, despite any arguments. In this case, the employer can only exercise the right to dismiss the employee on his own initiative. If an employer decides to resort to this method of terminating an employment contract, then he should be very careful and careful. Since one careless action or failure to comply with legal requirements can lead to a conflict, the resolution of which will be transferred to the courtroom. And this threatens not only monetary costs, but also the reinstatement of the dismissed employee.

All grounds for dismissal at the initiative of the employer are set out in Article 81 of the Labor Code of the Russian Federation. Let's figure out how to use the most “popular” separation methods.

Grounds for dismissing an employee

An employee can be fired for many reasons:

• dismissal at the initiative of the employee himself (Article 80 of the Labor Code of the Russian Federation);
• dismissal at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);
• dismissal of an employee due to staff reduction;
• dismissal of an employee upon liquidation of the company;
• dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• dismissal of an employee upon expiration of the contract (Article 79 of the Labor Code of the Russian Federation);
• dismissal if an employee refuses to work after changing the terms of the contract or changing the owners of the company (Articles 73, 74, 75 of the Labor Code of the Russian Federation);
• dismissal for reasons beyond the control of the employee and the employer, for example: the employee’s conscription for military service, receipt of disability, ban on work by court decision (Article 83 of the Labor Code of the Russian Federation);
• dismissal in case of violation of the rules for concluding a contract, for example, if the job functions performed are contraindicated for the employee due to health reasons (Article 84 of the Labor Code of the Russian Federation).

The dismissal order (Article 84.1 of the Labor Code of the Russian Federation) is issued on the basis of the “source” document. This can be either a personal statement from the employee or internal documents submitted to the HR department.

On the last day of work, the employer is obliged to make the final payment for wages and unused vacation, as well as issue all the necessary documents (we will discuss them in detail below). The bonus part of the salary for the period when the dismissed employee was still on the staff of the organization must be paid in full.

If it is impossible to issue a work book and other documents, the personnel service specialist is obliged to send him a notice on the last day of work of the employee with a requirement to appear for them himself or to send consent to send all documents by mail. If the notice is sent in a timely manner, the employer is no longer responsible for violating the deadlines for issuing documents to the dismissed employee.

Next, we will consider in more detail the most common grounds for dismissing an employee.

Providing false documents during employment

In our article on concluding an employment contract with a medical worker (Employment contract with a medical worker), we discussed in some detail the issue of employing doctors and nurses, including what documents they must submit to the employer when concluding an employment contract. Taking into account the high level of complexity of the work performed by doctors, the increased responsibility, and strict requirements for their professional training, the legislator has established a fairly extensive list of documents that a health worker must present to his superiors. First of all, we are talking about educational documents (diplomas, accreditation certificates, certificates). In addition, a work book, passport, insurance certificate of compulsory medical insurance, and military registration documents are presented. When passing a medical examination and obtaining permission to work with narcotic and psychotropic drugs, you also receive certificates of no criminal record and medical certificates of health.

If suddenly during the course of work it turns out that any of these documents turned out to be forged, the employer has the right to unconditionally terminate the employment contract with the medical worker under clause 11, part 1, art. 81 Labor Code of the Russian Federation).

Dismissal at the initiative of the employee

This is one of the most common reasons, since employees may change their place of work, region of residence, etc. As a rule, this is the most conflict-free option, since the parties to the contract in most cases have no claims against each other.

The dismissal procedure takes on average 2 weeks. It is within this period that the employee must notify the company of his desire to resign by writing a statement. Employees on a probationary period have the right to notify 3 days before dismissal (Article 71 of the Labor Code of the Russian Federation). Another exception is the manager. His notice period must be at least 1 month (Article 280 of the Labor Code of the Russian Federation).

But even if the employee has written a statement, he has the right to change his mind within two weeks and remain at his job for the entire period. Only if the employer has already confirmed in writing its intention to hire another applicant who is being transferred from a third-party organization, the application cannot be withdrawn (Article 64 of the Labor Code of the Russian Federation).

If an employee has unused vacation, he has the right to write a letter of resignation and go on vacation for 2 weeks. This option allows you to resign “without working off”. But in this case, you can withdraw your resignation letter only before the start of your vacation (Article 127 of the Labor Code of the Russian Federation).

After the two-week period, the HR department prepares a dismissal order and makes an entry in the employee’s work book. The employee must be familiarized with the order.

If, after dismissal, an employee proves that he was under pressure and did not want to resign on his own, the court will reinstate him in his job and the company will have to pay him for forced absence, and possibly for moral damages.

Multiple violations of discipline

The law also provided for the possibility of dismissing an employee who regularly violates labor discipline and does not plan to improve. In this case, you need to follow these steps:

1. To establish the fact of violation of labor discipline - non-compliance must be recorded in an act or other document (Article 81 of the Labor Code of the Russian Federation).
2. Demand an explanation from the culprit (Article 193 of the Labor Code of the Russian Federation). An offer to provide explanations must be made in writing; if the person is absent, it must be sent by mail.
3. To identify the presence of an outstanding reprimand or reprimand - no more than a year should pass from the moment of involvement in the first case (Articles 81, 194 of the Labor Code of the Russian Federation).
4. Make sure there are no valid reasons for violation of discipline. For example: if you are absent from work, you need to make sure that the employee did not donate blood, did not get into an accident, does not have a court summons, etc. Determine whether the woman is pregnant (Article 81, Article 261 of the Labor Code of the Russian Federation) .
5. Issue an order (Article 84.1 of the Labor Code of the Russian Federation), familiarize the perpetrator with it against his signature, or draw up an act (Article 193 of the Labor Code of the Russian Federation).
6. Make an entry in the work book.
7. Issue final payment and work book on the day of dismissal. Here, if an employee causes material damage to the enterprise, resolve the issue of compensation (Articles 232, 238 of the Labor Code of the Russian Federation).

IMPORTANT!
I draw your attention to the fact that the duties for which a person is involved must be established by an employment contract, internal labor regulations, job descriptions, technical rules (and the contract must contain a reference to the last two).

Dismissal of an employee at the initiative of the employer

The most difficult type of dismissal to formalize and justify. An employer does not have the right to fire an employee simply at will. For this it is necessary to indicate objective reasons.

The exception is the head of the organization. The owners of the company can fire him even if there is no fault. Also, the director may be removed from office as part of the bankruptcy procedure (Article 278 of the Labor Code of the Russian Federation).

If the manager was fired in the absence of violations, he has the right to compensation in the amount of not less than three months’ earnings (Article 279 of the Labor Code of the Russian Federation). In practice, employment contracts with directors often include provisions for much more substantial compensation upon dismissal. They are called “golden parachutes,” since such payments first appeared in the mid-20th century in one of the American airlines.

For other employees, the list of violations for which the employer can dismiss them is contained in Article 81 of the Labor Code of the Russian Federation. This, in particular: disclosure of trade secrets, absenteeism, systematic failure to fulfill one’s official duties, etc.

All these events must be documented in a document confirming the fact of the offense. It is imperative to demand an explanation from the employee, or to draw up a statement in the presence of two witnesses that the employee refused to give an explanation. In some cases, a special commission is appointed to review the situation

The new owner has the right to change the management of the organization within 3 months from the start of its work (Article 75 of the Labor Code of the Russian Federation). The owner of the company can send notices of dismissal to the manager, his deputies and the chief accountant. After this time, it will be impossible to dismiss these employees using the “simplified” option.

An employer may dismiss an employee due to inadequacy for the position held based on the results of certification. To do this, the company must develop regulations on the procedure for assessing the qualifications of employees.

An employee who has not passed the certification must be offered another position by the employer. If this is not possible, or the employee refuses, the dismissal procedure starts. It is impossible to fire employees for this reason during periods of incapacity and vacation, pregnant women, single mothers, women with children under 3 years of age, and minors.

Are there any guarantees

Upon dismissal, even at his own request, the employer has the right, and in some cases the obligation, to provide the following guarantees to his employee:

• notify in advance (2 months);
• offer any vacant positions if there is a discrepancy with the one occupied (Part 3 of Article No. 81 of the Labor Code of the Russian Federation);
• in case of dismissal due to the liquidation of the enterprise, dismissed employees are entitled to payments of several salaries (in addition to the standard calculated ones).

Today, the procedure for unilaterally terminating an employment contract has a very large number of different features.

That is why, before embarking on its implementation, it is necessary to study the current legislation in detail.

Dismissal of an employee due to staff reduction

To dismiss employees for this reason, it is necessary to formalize a decision to reduce certain staff positions by order. The same document can be used to approve a new staffing table, which should not contain a list of positions proposed for reduction.

However, it must be remembered that in Art. 261 of the Labor Code of the Russian Federation lists a number of categories of workers who cannot be dismissed in this way, for example: pregnant women, women with children under 3 years of age, single mothers. Article 179 of the Labor Code of the Russian Federation establishes the preferential right of some employees over others when it is necessary to choose a position to be reduced. This applies in particular to employees who have two or more dependents or are disabled by war.

The company must notify the employee of the layoff at least 2 months in advance (Article 180 of the Labor Code of the Russian Federation). If the term of the employment contract is 2 months, such an employee can be notified 3 days in advance, and those employed in seasonal work - no later than 7 days in advance (Articles 292 and 296 of the Labor Code of the Russian Federation). If the employee agrees to terminate the contract earlier, he can give written consent to this. In other cases, the established deadlines cannot be violated.

When reducing staff, employers are required to notify not only employees, but also the employment service, as well as trade union organizations:

• organizations - 2 months in advance, in case of mass layoffs - 3 months in advance;
• individual entrepreneurs - 2 weeks.

What payments are due?

When dismissing the employee, the employer must pay the employee in full on the last day of work. Payments include:

• wages for the days worked;
• additional payments to wages;
• compensation for unused vacation;
• severance pay (in cases provided for by law). If it is not possible to pay the due funds on the day of dismissal due to the employee’s absence, these amounts must be issued no later than the next day upon submission of the request for payment. If the company is liquidated, the employee will receive severance pay. The calculation will be made from the average monthly earnings. The employee will receive compensation in the amount of 2 months' salary while looking for another job. In some cases, the salary will remain for the 3rd month. If the chief accountant, manager, or his deputy are dismissed when the owner of the institution changes, they will be paid an average monthly salary for 3 months. If the contract is terminated due to inadequacy of the position or for medical reasons, the person will receive compensation in the amount of two weeks' salary upon dismissal. If the institution has a collective agreement, the document may provide for other payments in the event of dismissal. If dismissal at the will of the employer concerns a pensioner, the latter will be provided with payments and compensation. In addition, the employer can provide the employee with incentive payments for a high level of professionalism.

Thus, it is not easy for the employer to terminate the contract and dismiss the employee on his own initiative. When using this format of dismissal, the manager must strictly adhere to the provisions established by the legislator.

Dismissal of an employee due to liquidation of the company

The peculiarity of this reason is that all employees without exception can be fired - after all, the enterprise or individual entrepreneur ceases to exist. The basis in this case is the decision of the founders (entrepreneur) to liquidate.

Once the decision is made, employees must be notified within the same time frame as for staff reductions (2 months, 3 days or 7 days). But since all employees are fired, in this case each of them is usually notified two months in advance, regardless of the type of contract.

You should also report the upcoming liquidation to the trade union organization and employment service, similar to staff reduction.

Otherwise, the dismissal procedure is no different from the general one.

The nuances of terminating an employment contract

If an employee decides to dismiss one of his employees, and there is one of the above grounds for this, he must follow the dismissal procedure.
Otherwise, the employee can sue the employer, challenge the dismissal, and be reinstated. The dismissal of an employee at the initiative of the employer occurs after:

• agreeing on all the conditions for the upcoming dismissal;
• finding out whether this employee belongs to categories that are not subject to dismissal;
• severance pay and compensation for dismissal. This doesn't always have to be done!

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

In some cases, the employer must take into account the opinion of the trade union organization. This is necessary in the following cases:

• when staffing is reduced;
• if the employee occupies a position for which he does not correspond;
• if he systematically violates discipline.

In addition, you cannot fire:

• if an employee is sick;
• is on vacation;
• a pregnant employee, even if she skips work;
• women raising children under 3 years of age;
• mother is single if the child is under 14 years old. And if he is disabled, then until he turns 18;
• an employee whose dependent children are under 14 years of age.

An exception to these rules is the liquidation of a company. The above rules do not apply if a legal entity or entrepreneur completely ceases its activities.

In Art. 178 of the Labor Code of the Russian Federation specifies cases when an employer must pay a dismissed employee severance pay.

Dismissal of an employee by agreement of the parties

This is the most convenient type of dismissal for the employer. After all, after signing all the documents, the former employee will no longer be able to make any claims. According to Article 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time. The Labor Code of the Russian Federation does not impose any separate requirements for dismissal for this reason on either the employer or the employee.

Both parties independently agree on all conditions of dismissal: duration, procedure, amount of compensation and other important aspects. All this is drawn up in a separate document in two copies, which is signed by the employee and the employer.

Once the employee has signed the severance agreement, he cannot change his mind. The exception is pregnant women. They can cancel their dismissal if they find out about the pregnancy after signing the agreement (determination of the RF Armed Forces dated June 20, 2016 N 18-KG16-45).

In all other respects, dismissal by agreement of the parties is formalized in the usual manner.

What laws govern the legal relationship between employer and employee?

The relationship between an employee and his employer is regulated by labor law.

Its main source is the Labor Code of the Russian Federation of December 30, 2001, 197-FZ, regulations.

On their basis, an employment contract is developed between the employer and the employee.

According to Art. 6 of the Labor Code, the procedure for dismissal is established by federal authorities.

The general grounds for dismissal are given in Art. 77 TK.

Also, the document (Articles 278, 288, 307, 312, 336) provides additional grounds on which an employee can be dismissed.

Dismissal occurs:

• at the initiative of an employee or employer;
• by agreement of the parties;
• due to circumstances (not at the will of the employer and employee);
• when does a fixed-term employment contract end?
• if the employee is to be transferred to another employer or to another position (job);
• if the employee does not agree to work due to a change in the owner of the organization;
• if the employee refused to work due to a critical change in the terms of the employment contract;
• when an employee refuses to be transferred when the employer moves to another location;
• when an employee refuses to be transferred to another job due to changes in his health status;
• when the rules for concluding an employment contract are violated, if this makes it impossible to continue working.

The first five types of dismissal are the most common.

Special cases of dismissal

During the probationary period, both parties can terminate the employment contract; the notice period is reduced to 3 days.

When concluding a fixed-term contract, the employer must notify the employee of dismissal also 3 days before the expiration of its term.

In connection with the pension reform, employees who have 5 years or less left before retirement came under special attention from the state. There must be good reasons for their dismissal, otherwise the employer faces criminal liability under Article 144.1 of the Criminal Code of the Russian Federation. The culprit (usually the director) can be fined up to 200 thousand rubles. or sent to compulsory work for a period of up to 360 hours.

***

1. Let us briefly summarize what has been said.
2. The dismissal of a medical worker at the initiative of the employer can be made exclusively on the grounds provided for by the Labor Code of the Russian Federation.
3. In order for the dismissal to be legal, it is necessary to comply with all the details of the procedure provided for by labor legislation. Particular attention should be paid to dismissal in connection with liquidation and staff reduction.
4. When dismissing a medical worker for guilty actions, the manager must be prepared to prove the presence of misconduct (absenteeism, being drunk at work, etc.)
5. It is impossible to dismiss employees at the initiative of the employer during the period of vacation or temporary disability.
6. Some socially vulnerable categories of workers cannot be dismissed at the initiative of the employer (pregnant women, single mothers, etc.)

Documents that an employer is required to issue upon dismissal of an employee

Regardless of the reason for dismissal, the employer is obliged to issue each employee the following documents:

1. Work book. It is issued on the last day of work, or before vacation, if the employee decided to “take off” his remaining days before leaving. The book must be checked to ensure it is filled out correctly. It must contain at least 2 entries - about hiring and about dismissal, with the obligatory indication of the article and clause of the Labor Code of the Russian Federation. When issuing a book, you must take a signature from the employee in the register. From 2021, electronic work books will be introduced. However, upon personal application of the employee, he can continue to use the paper version.

1. STD-R is a document that contains information about work activities. From 2021, it will be issued to those employees who refuse a paper work book. STD-R will be available both in paper and electronic form.

1. Certificate of earnings for the last 2 years (Order of the Ministry of Labor No. 182 of April 30, 2013). The form contains data for the current partial year and for the previous 2 years. The document is required to be presented at the new workplace. Based on it, sick leave and child care benefits will be calculated.

1. Extract from the third section of the RSV form. This document contains data on all accruals in favor of the employee.

1. SZV-M for the last month and the general form of SZV-experience. These reports contain information about the employee's insurance record.

Also, upon application of the dismissed employee, he may be provided with the following documents:

1. Certificate 2-NDFL containing information about income and withheld tax. It is needed to be submitted to the tax office, for example, when filing a declaration.

1. Extract from the DSV-3 register - issued in the case when, in addition to mandatory pension contributions for the employee, the company also paid additional ones.

1. Certificate of average earnings for applying for unemployment benefits.

1. Copies of orders for admission, transfer and dismissal.

When issuing all documents, the HR department employee should draw up a register and take the dismissal person’s signature on receipt to eliminate possible disputes in the future.

For violation of the dismissal procedure, legal entities will be fined in the amount of 30 to 50 thousand rubles, and officials and individual entrepreneurs in the amount of 1 to 5 thousand rubles. In case of repeated violation, the sanctions will increase and range from 10 to 20 thousand rubles. for officials or individual entrepreneurs, and from 50 to 70 thousand rubles. – for organizations (clauses 1 and 2 of Article 5.27 of the Administrative Code).

One-time gross failure by an employee to fulfill his job duties

The head of a medical organization can dismiss a health worker even if he commits just one violation of labor discipline, if it is gross. The Labor Code of the Russian Federation includes the following offenses:

1. Appearing at the workplace in a state of alcohol or other intoxication. Dismissal on this basis is not so simple: the hospital management must ensure that there is evidence that the doctor or nurse was really drunk. Documents confirming this fact, according to the explanations contained in judicial practice, can be: a medical report, readings from devices for technical measurement of alcohol in the blood, witness testimony, internal acts, memos, etc. (clause 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 ; Appeal ruling of the Moscow City Court dated June 28, 2018 in case No. 33-28132/2018). At the same time, a medical examination for alcohol intoxication can be carried out only with the consent of the employee himself (Part 3 of Article 20 of the Law of November 21, 2011 No. 323-FZ).

An explanation must be obtained from the health worker responsible for such violation of labor discipline. The reasons for appearing drunk at the workplace can be very different: from celebrating a birthday to taking medication containing alcohol. Even if the reasons for intoxication are not valid, the employer is not obliged to fire the employee, but has the right to do so. When making a decision on dismissal, one should take into account the moral character of the employee as a whole, his attitude to work, the degree of intoxication and the circumstances of the offense.

2. Absenteeism, or absence from work for more than 4 hours without a valid reason. It is not always easy to qualify absence from work as absenteeism. So, for example, if a health worker was absent for exactly 4 hours or less, then the court will most likely side with the employee - he cannot be fired on this basis. In addition, it must be taken into account that 4 hours are counted in a row. If an employee was absent for more than 4 hours during one working day, but not consecutively (for example, he was absent three times for two hours, but after each time he returned to the workplace for 10 minutes), he cannot be fired for absenteeism. If the contract does not indicate the daily duration of the working day, then absenteeism cannot be counted either. Among the valid reasons for absence from work, judicial practice includes: visiting a doctor even in the absence of a certificate of incapacity for work, including if such a request was related to the provision of medical care to a minor child; carrying out emergency repair work in the apartment; participation in a court hearing as a plaintiff or defendant; absence of an order from the employer to start work on that day; lack of access to the workplace.

3. Disclosure of secrets protected by law.

Any employee can be fired for disclosing legally protected secrets. In relation to medical workers, we are talking, as a rule, about medical confidentiality, which all doctors and nurses are obliged to keep. Medical confidentiality consists of information about the fact of a citizen’s application for medical care, his state of health and diagnosis, other information obtained during his medical examination and treatment (clause 1, article 13 of the law of November 21, 2011 No. 323-FZ “On the Fundamentals of Health Protection citizens in the Russian Federation"). When carrying out his activities, a health worker does not have the right to disclose this information, including after the death of a citizen, with some exceptions provided for in clauses 3 and 4 of Art. 13, part 3 art. 22, part 5 art. 67 of Law No. 323-FZ.

For disclosure of medical confidentiality, in addition to disciplinary action in the form of dismissal, a medical worker may be subject to administrative (Article 13.14, part 1 of Article 284 of the Code of Administrative Offenses of the Russian Federation), criminal (Article 137, subparagraph “a”, paragraph 1 h 2, Article 151 of the Criminal Code of the Russian Federation) and civil liability (compensation for damage, including moral damage).

Dismissal for disclosing information constituting medical confidentiality is possible regardless of whether the employee’s employment contract stipulates his obligation to keep it. Thus, a doctor from one medical organization, believing that numerous violations were being committed in this organization, sent a letter to the reception office of the President of the Russian Federation and attached copies of medical records of several patients. In connection with this fact, a commission was created in the medical organization, which found that the plaintiff had violated the requirements of Art. 13, 19, 73 of the law “On the fundamentals of protecting the health of citizens in the Russian Federation” and recommended that the chief physician terminate the employment contract with her. During the trial, it turned out that two patients, whose medical documents were attached to the doctor’s request, did not give their consent to this. Having disagreed with the decision of the court of first instance, in the appeal the plaintiff referred, in particular, to the fact that the obligations for non-disclosure of medical confidentiality should be separately stated either in the employment contract or in the job description. The Judicial Collegium for Civil Cases of the Oryol Regional Court found this argument untenable and indicated that the doctor’s diploma issued to the plaintiff certified the fact that she had taken the doctor’s oath and thereby assumed the obligation to maintain medical confidentiality (Appeal ruling of the Oryol Regional Court dated November 28. 2013 in case No. 33-2608/2013).

Issues of maintaining medical confidentiality are covered in more detail in our articles “Medical confidentiality and the patient’s right to information about his health”, “Grounds and procedure for disclosing information constituting medical confidentiality”, “Disclosure of information constituting medical confidentiality after the death of a patient”.

4. Violation of labor safety rules, if this entailed serious consequences.

The responsibilities of medical workers include mandatory compliance with labor protection rules. Neglecting these rules can have serious consequences both for the doctor himself and for his colleagues and patients. First of all, we are talking about refusal to use personal protective equipment or their incorrect use, as well as violation of safety regulations when using medical equipment (for example, admission to the premises of third parties not related to the work of medical staff; use of medical equipment for purposes other than its intended purpose; leaving working devices and apparatus unattended; storing flammable and combustible substances (alcohol, cotton wool, etc.) near electric heating devices). The manager has the right to apply disciplinary sanctions to a health worker for such violations, up to and including dismissal, if they result in harm to employees, patients, or property. As with other disciplinary grounds for dismissal, it is necessary to obtain an explanation from the offending medical worker.

5. Theft, embezzlement, property damage and loss of trust.

The employer also has the right to dismiss a health worker for theft (theft, embezzlement) committed at the place of work or damage to the property of the hospital (clinic), employees or other persons. However, it is unacceptable to do this simply due to the very fact of missing property: it is necessary to contact the police with a corresponding statement. Dismissal on this basis is possible only after the employee’s guilt has been established by a court verdict or a decision of a judge (body, official considering cases of administrative offenses), which has entered into legal force (clause 44 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). Dismissal can be made within a month from this date.

Please note that it is also possible to fire a health worker for theft committed outside the place of work, but only in cases where the imposed punishment prevents further work (for example, imprisonment) or if the crime committed led to a loss of confidence in the health worker (applies only to those who directly service material assets, for example, expensive equipment or medicines). In this case, dismissal will be carried out under a separate clause of clause 7, part 1, art. 81 Labor Code of the Russian Federation. Typically, employees who directly service commodity or other material assets include cashiers, supply managers, senior nurses, etc., and in practice, agreements on full individual financial responsibility are concluded with such employees. Let us recall that the list of persons with whom the employer can enter into such agreements is determined by Resolution of the Ministry of Labor of Russia No. 85.

Dismissal for violating corporate rules

These include all the above-described violations of labor discipline.

However, proving that an employee actually violated corporate rules is not so easy.

For example, if a person is not at work for one day, this does not mean that he was absent.

He may appear in a few days with a sick leave certificate, but it is impossible to dismiss an employee who has temporarily lost his ability to work.

If a person is drunk, then to do this you need to force him to undergo a medical examination and receive an appropriate document that would confirm this fact.

It is even more difficult to prove professional unsuitability. For this purpose, certification of all company employees is assigned.

The employer must first comply with everything, and then prove that it was carried out in accordance with all the requirements of current legislation.

The reason for certification must be compelling, for example, a drop in product quality, a decrease in production volumes, consumer complaints about services or products.

The procedure for its implementation is established by labor legislation and other regulations, taking into account the opinion of the representative body of workers.

Dismissal in the event of a reduction in staff or if an employee is not suitable for the position held is carried out only if such an employee cannot, for various reasons, be transferred to another job, in the same organization or with the same individual entrepreneur.

The position is offered in the same location, unless a transfer to another within the same enterprise is provided for in the employment contract.

It is worth noting that the transfer is carried out with the written consent of the dismissed person.