How to quit while in. What is the right way to quit your job? Labor code: dismissal. Lawyer's advice. Multiple violations of discipline

Sometimes the relationship between employer and employee ends. That is, the employee is fired. This can happen both at the request of the employee and at the initiative of the employer. How to dismiss an employee and properly execute all the documents?

What are the exit options?

To begin with, the law provides for three options for dismissal:

• at the initiative of the employer
• at the initiative of the employee
• by agreement of the parties

It is clear that the first option involves unilateral dismissal for some violations on the part of the employee, for example, systematic absenteeism, as well as during or downsizing. As for the dismissal at the initiative of the employee, then there is a statement of resignation at his own request, which the employer is obliged to satisfy. And dismissal by agreement of the parties can be used if the employee does not suit the employer, but he does not want to leave of his own free will, but formal reasons for dismissal.

Dismissal by agreement of the parties

Termination of an employment contract by agreement of the parties is a quick and concise procedure. It takes place on the basis of Article 78 of the Labor Code and can be carried out at any time. By agreement of the parties, even those employees who are on vacation or on sick leave can be fired. To start the procedure, the employee must submit an application addressed to the manager, and if the employer is the initiator, he sends the employee a proposal to terminate the contract. Then (if the parties have come to an agreement), an Agreement is drawn up, an order for dismissal is issued, and the entry in the work book indicates that the dismissal was made on the basis of clause 1 of article 77 of the Labor Code of the Russian Federation.

Dismissal at the initiative of the employer

The basis for the dismissal of an employee at the initiative of the employer can be various reasons. For example, the desire to reduce the company's costs, downsizing, the inconsistency of the employee with the position held, or a change in ownership. But the most common reasons for such a dismissal are violations of discipline by an employee - absenteeism, appearing at work in a state of intoxication, being late and other violations. Now that it’s clear why you can fire an employee, let’s figure out how to do it correctly.

Dismissal due to violation of labor discipline

Before punishing an employee for violating discipline, you should make sure that his employment contract clearly spells out the mode of work, place of work and read the points. It may seem strange to some, but there are companies that do not indicate a specific place of work, since the activities of the company and, accordingly, the work of employees are related to the performance of duties at different facilities that cannot be specified in advance when hiring a person. How to dismiss an employee for absenteeism if he works under such an agreement? No, because the papers do not indicate a specific place of work. But if the working conditions in it are clearly regulated, then if they are violated, the employer can bring the employee to disciplinary responsibility. Of course, it is possible to dismiss an employee for a single violation of labor discipline. But only if it's serious enough.

For example, going to work drunk (or in a state of drug intoxication), theft, embezzlement, damage (accidental or intentional) of someone else's property, disclosure of commercial or state secrets. It is also possible to be dismissed for absenteeism or absence from the workplace for four hours. But if an employee is absent from work before dismissing him, it is better to make sure that he does not have a certificate of incapacity for work. As for minor violations, such as being late, then only the onset of disciplinary liability is possible. In this case, the procedure for the employer is as follows:

1. detection of a violation (this is done within the established time frame in accordance with Article 193 of the Labor Code)
2. fixing this violation
3. obtaining an explanation from the employee regarding the violation (the employee must write an explanatory note on the fact of the violation)
4. issuing an order of the head on bringing to disciplinary responsibility (announcement of a warning, remark, reprimand)
5. bringing the order to the attention of the employee

If a repeated violation of discipline follows, then, as a rule, a severe reprimand is announced (such punishments are still associated with the deprivation of bonus payments), and for the third time the employee is threatened with dismissal.

Dismissal during downsizing

If we are talking about downsizing, the law clearly regulates the procedure and rules for the dismissal of employees. For example, when reducing one of the equivalent positions, a more qualified employee should be left at work (provided that their social status is equal). And if the qualifications of the workers are the same, but the social status is not, then the management does not have the right to dismiss: single mothers, the only one working in the family, an employee who was injured or injured at the workplace, disabled people, veterans of the Second World War, labor and hostilities, mothers, having children under 3 years old, pregnant women, participants in the resolution of collective disputes, as well as those employees who receive on-the-job training from the enterprise. The same employees who fall under the layoff for staff reduction, the management is obliged to notify about this two months in advance and offer (if possible) another job. If the employee agrees to move to a new job, this is documented by an internal transfer, and if not, then he writes a statement asking him to dismiss him due to a reduction in staff and he is fired with all the due payments.

Dismissal upon liquidation of an enterprise

If there is a liquidation of the enterprise, then all employees are subject to dismissal. How to dismiss an employee during liquidation? First, you need to warn all employees two months in advance in writing in accordance with Article 180 (part 2) of the Labor Code. This applies to both main workers and part-time workers. The notice of dismissal is issued to each employee, and the second copy, brought against signature, is filed with the order. After two months have elapsed, the administration of the enterprise issues an order to dismiss employees in the T-8 form, pays severance pay, compensation for unused vacation and wages for the time actually worked. The calculation is made on the last working day, and a corresponding entry is made in the work book. In addition, employees dismissed in connection with the liquidation of the enterprise are entitled to the payment of average monthly earnings for the period of employment, but not more than three months. This rule does not apply to part-time workers, seasonal workers, as well as those with whom a fixed-term employment contract was concluded (for a period of not more than two months).

Job inconsistency

The issue of compliance or non-compliance with the position held is decided by the attestation commission of the enterprise. If the result of the certification, which is carried out at enterprises in order to check the professional suitability and qualifications of employees, is unsatisfactory, then the employee may be offered to move to another position. If he refuses, the employer has the right to dismiss the employee as inappropriate for the position held, but no later than two months after the certification. In the event of dismissal, both the order and the work book indicate the wording "due to the inconsistency of the position held and the refusal to transfer to another position."

Who can't be fired by an employer?

An employer cannot dismiss an employee on vacation, regardless of what kind of vacation he is on: annual paid leave, parental leave, educational or unpaid leave. The only exception is the liquidation of the institution. It is also impossible to fire an employee on sick leave. This applies to both essential workers and those who work part-time, as well as home-based workers.

In addition, there are certain categories of workers who either cannot be fired at all at the initiative of the employer, or it is quite difficult to do so. These include:

Dismissal at the initiative of the employee

If the employee himself decides to leave the enterprise, he has the right to apply for dismissal of his own free will, regardless of what kind of employment contract (fixed-term or indefinite) he concluded when applying for a job. The application may indicate the reasons for dismissal (enrolling in an educational institution, moving to another locality, caring for a child until he reaches 14), or may not be. In any case, to the question of under which article to dismiss an employee, there is only one answer - under Art. 77 of the Labor Code of the Russian Federation.

In any organization, voluntary dismissal involves working out within two weeks, but this period can be reduced by the employer. At the end of the working period, a dismissal order is issued, which is brought to the employee against signature, an entry is made in the work book and a full payment of wages. In addition, the employee is given all the necessary documents: salary certificates, copies of the order to transfer to another job (if any), the order to dismiss, the 2-NDFL certificate and other documents that the employee requests.

The procedure for dismissal of one's own free will also implies the transfer of cases to another employee, if necessary. For refusal to transfer cases in the prescribed manner, the employer may punish the employee, for example, by depriving him of the bonus, but cannot prevent his dismissal.

When dismissing at will, it is worth paying attention to the fact that the employee has the right to change his mind before the expiration of the term of dismissal. In this case, he may withdraw his application and continue to perform his duties. But if another person has already been invited to his place in writing, who cannot be refused to conclude an employment contract, the dismissal remains in force.

How to fill out work book

The correctness of the wording in the work book matters. So it's a good idea to have a little cheat sheet handy that will help you avoid corrections in the document.

Important Points

In conclusion, it is worth saying that the dismissal of employees is a complex procedure that can bring a lot of problems to the employer if it is carried out with violations. This means that, for example, dismissal due to inconsistency with the position held can be challenged in court due to the lack of a position in the organization from certification or the employee's job description. Also, an employee can be reinstated by a court decision if the dismissal for a systematic violation of labor discipline was not preceded by bringing the employee to disciplinary responsibility. Therefore, all documents must be carefully checked and comply with the requirements of the law.

Updated 07/03/2019

2018-11-30T14:51:54+03:00

What is the right way to quit your job? The employee is required by law to notify management two weeks in advance. What is the best way to quit: of your own free will, agreement or the will of the boss? How to prevent the negative consequences of dismissal, any conflicts, not harm your career and maintain good relations with your former employer? Competently file an application.

The reasons for dismissal for each compatriot may be different. But there are important features of the procedure that should not be forgotten. How to part with the former employer correctly, so as not to harm your future career? What to do if the "boss" got rid of the employee, violating his legal labor rights?

(click to open)

Dismissal procedure and employee rights

How to quit your job? According to the Russian Labor Code, dismissal looks like a clear and simple procedure:

• an application is submitted to the personnel department or the reception of the authorities about the desire to terminate the employment relationship;
• two weeks are worked out in the usual mode, allocated by law to the employer to find a replacement for the departing specialist;
• the employment contract is terminated by the relevant order;
• with the now former employee, they are paid in full, the work book is returned to him.

In theory, nothing complicated. In real life, problems often arise. They can come from both sides. So, a leader who does not want to part with a valuable personnel can delay the term of working off, does not sign the application, “loses” him. Delays the payments due upon dismissal, does not issue labor, etc.

Fact

The employee himself, having submitted an application, may simply stop going to work, believing that after notifying his superiors of his dismissal, he no longer owes anything to anyone. As a result, absenteeism is credited to him and he flies out of work not of his own free will, as he planned, but with a wolf ticket, according to the article.

Disputes related to dismissal are resolved either at the negotiating table or through the courts. And for this, you just need to know your labor rights and the obligations arising from them, which are detailed in the short stories of the TKRF:

• Our labor is free. No one has the right to force a citizen to plow against his will. Don't like the conditions? You can apply for dismissal without even explaining the reasons. Only notify the management in writing and in advance, by application, 14 calendar (not working!) Days before parting. Has the application been accepted? Time has gone, but not from the moment of its delivery, but from the next day. This nuance is not taken into account by many.
• It is not always necessary to work out two weeks (Article 80 of the TKRF). If the resigning student has become a full-time student, goes on a well-deserved rest, he has health problems, young children, disabled dependents, his family moves to another region, etc. - by attaching an appropriate certificate to the resignation letter, he can literally be fired on the same day.
• When an employment contract is concluded for a specific period, it can be interrupted only by agreement with the management. Failed to persuade the authorities? The dismissal will become possible only when the contract expires.
• By submitting a paper for dismissal, it is allowed to change your mind. It is not forbidden to pick up the application within the same two weeks. If during this time a new man has already been taken to the place of the dismissed person, nothing can be changed, the train has left.
• The dismissed person receives all calculations and documents strictly on the last work shift.

In what cases should you wait with dismissal?

Sometimes it’s not worth rushing to dismiss:

• if a new place has not yet been found, it is better to postpone the dismissal. Not the fact that it will be possible to get a job in a new place right away. The longer it takes to find a job, the worse it is for the candidate's reputation. Personnel officers, most likely, will regard a many-month break in the experience as evidence of the applicant's low professional suitability.
• Have you recently taken a professional development course at the expense of your employer? Upon dismissal, the money spent on education will have to be returned.
• Is the company going to cut staff soon? Then the cards in hand! After all, the reduction is more profitable than dismissal of one's own free will, since it assumes that the dismissed person will definitely receive severance pay. And this is the average salary for three months.

What you need to know about a resignation letter

What is the right way to quit your job? First, we draw up a competent application, in two copies, and register both papers at the manager’s reception desk or directly hand it into his hands. The goal is to notify of his dismissal and that the person who accepted the paper sign and put down the day, month and year in both originals of the application. One copy is kept by the employee.

In the text of the application, they state the request for dismissal, indicate the voluntariness of the dismissal, the date and sign. No explanations need to be given, except for a situation where the employee, by law, may not work for the fourteen days established for general cases.

The document looks like this:

Example

To the director of OAO "Skyscrapers of Egypt"
Sidorchenkov A.Yu.
industrial climber Ugryumborshcheeva S.I.
statement.
I ask you to dismiss me from my position at my own request on 07/14/2019.
Ugryumborshcheev S.I. (signature) 01.07.2019

What is the reason to write in the application?

Dismissal can be the result of many reasons, but you need to enter them in the application only if they are taken into account to cancel the mandatory working off. The Labor Code of the Russian Federation names such reasons:

• when the worker is unable to continue working (retirement, enrollment in a university, serious illness, etc.);
• if the management grossly and categorically violated the requirements of the TKRF, the labor agreement with the resigning person;
• when it comes to dismissal by agreement with management.

It was required to indicate the reasons for dismissal until 2002 for workers on a fixed-term contract, and until 2010, in order to maintain continuous service. Then the pension laws changed, when assigning a state pension, the continuity of service was no longer taken into account.

Types of dismissal

How to quit your job? The Labor Code describes several types of dismissal initiated by one party or both at the same time:

• when the personal desire of the employee becomes the basis (Article 80 of the Labor Code of the Russian Federation);
• by agreement of the parties (Article 78);
• upon expiration of the labor contract (Article 79);
• at the initiative of the employer (Article 71,);
• when the staff is reduced (Article 81);
• in connection with the liquidation of a legal entity (Article 81);
• due to gross violation, incl. dismissal for absenteeism, drunkenness during working hours, etc., (Article 81);
• dismissal of a person who did not pass the test "examination" (Article 71);
• dismissal due to transfer to another position (clause 5, article 77).

Voluntary dismissal

How to properly and quickly quit on your own? These types of statements are the most common. Article 80 of the TKRF contains all the requirements for the parties, their rights and obligations.

The dismissal takes place in the general order: an application is accepted, two weeks are worked out, the order is dated the last working day, at the same time the dismissed person is calculated and the documents necessary in such cases are given to him.

Interesting

If two weeks have passed, and there was no reaction from the "owner", the candidate for the unemployed has the right to stop going to work. This behavior of the management can be explained in two ways: either they ignore the attempted dismissal, because they do not want to part with such a valuable staff, or they deliberately violate the law.

In the first case, the employee can continue to work, as if he did not submit any papers for dismissal. His application, if after two weeks the corresponding order is not signed, is considered canceled. If his desire and determination to dismiss are adamant, you should visit the boss and sort things out tête-à-tête, threatening, if necessary, with the labor inspectorate or immediately with the prosecutor's office.

In the second case, you must immediately go to court with a claim for gross violation of the rights of the worker.

Calculation procedure upon dismissal of one's own free will

At the final settlement, the dismissed person must be given:

• wages;
• payments originally stipulated in the collective agreement;
• compensation for unused vacation (if any).

They can fully calculate upon dismissal, despite the explicit requirement of the law, not only on the last day. The dismissed person, having become ill, may not come for the money at the time established by law. The money should be waiting for him, any day he can come for it.

Dismissal on your own from vacation

find_in_page Related Articles

(click to open)

How to resign from vacation? Vacation is not a hindrance to dismissal, you can send a statement to the “boss” even if you are on an exotic island in equatorial waters. It is only necessary to foresee that the paper will reach the manager's desk two weeks before the end of vacation days. Otherwise, after returning from warm countries, they will be attracted to mandatory working off.

The second option: immediately provide for leaving for free bread at the end of the vacation. To do this, draw up an application for leave with subsequent dismissal. Will not be forced to work. Having walked off the prescribed, they return only to sign the order, for the calculation and labor.

Dismissal of a pensioner

Could a compatriot work up to retirement age? No one will dismiss him on this basis, but if he himself wishes to leave, the dismissal will happen on the day indicated by him in the application. Retirees are exempted from two weeks of work.

Dismissal of a part-time worker

The procedure for dismissal of a part-time job is identical to dismissal from the main position. With only one difference: a record of the dismissal of a part-time worker is not entered into his labor. Although if he insists, personnel officers are required to enter such information.

Dismissal during sick leave

The law does not allow managers to get rid of employees while they are being treated in a hospital. But the patients themselves can easily write a letter of resignation.

It is not uncommon for a candidate for the unemployed to write an application even before the sick leave, and at the time of dismissal he ended up in a hospital bed. Here, the management has no choice: it issues an order and dismisses a temporarily disabled person on the day indicated by him in the application. In the order, by the way, he necessarily makes a note that the dismissed person is absent for a good reason and will be familiarized with the document immediately after recovery. The employer is not authorized to change the date of dismissal.

In the final calculation in such a situation, the sick leave payment will not be included. Therefore, upon returning to duty, the dismissed person must bring his hospital bulletin to the accounting department and request a recalculation. All money must be paid either on the day of applying for them, or the next, but no later. True, the sick leave allowance makes adjustments to this requirement, since the payment for the sick leave is made only within 10 days from the date the accountants receive the bulletin.

Dismissal from the decree

Not only expectant mothers can go on “maternity leave”. Therefore, it is divided into two types:

• for pregnancy and childbirth, for obvious reasons, allowed only to women in an interesting position;
• three-year parental leave, which can be taken by both the expectant mother and the baby's father or other working relatives.

The manager will not be able to part forever with the “maternity leave” or “maternity leave” without his consent. The procedure for dismissal of this category of employees is identical to dismissal at will. You also have to work. The application must lie on the table of the "owner" 14 days before the dismissal. But usually the dismissal of "maternity leave" is issued immediately.

Dismissal of the head

What is the best way to quit your boss? There are some nuances here that distinguish the process of dismissal of a leader from the dismissal of an ordinary compatriot:

• warn of his intention to leave the "owner" is obliged for a month;
• he submits an application, of course, not to himself, but to the owner of the property of the organization that he managed: to a state authority (unitary enterprises), a meeting of shareholders (for an LLC, OJSC or CJSC), an individual. entrepreneur.
• the head of a joint-stock or limited liability company must first convene a meeting of owners, which will deal with the issue of his dismissal;
• if the shareholders do not decide the fate of the ex-director within thirty days, he has the right, no matter how ridiculous and paradoxical it may sound, to fire himself;
• leaving, the head must transfer all the documentation to his successor, appointed by the general meeting or the owner of the organization. No successor appointed? Documents will have to be stored in a personal safe until he is appointed, or transferred to a notary so that they lie with him for the time being;
• bosses who leave without the permission of the owner of the enterprise will not be able to remove their last name from the Unified State Register of Legal Entities. Therefore, it will be listed as the head in it until the owners appoint a new leadership.

Dismissal by agreement of the parties

Dismissal by mutual agreement is a lifesaver for the “owner” who wants to get rid of his subordinates quickly and without problems, as well as for an employee who, not having the right to severance pay, nevertheless, can “bargain” for himself good material compensation.

Art. 78 of the Labor Code of the Russian Federation is extremely wordy. Consists of only one sentence. And why spread the thought along the tree, when everything is extremely clear and in a nutshell: do all participants in the transaction agree? Green light for you!

It differs from dismissal at the request of one of the parties in that, in addition to the standard application and order, a dismissal agreement is also drawn up by agreement. It very accurately describes the conditions under which the parties, satisfied with each other, scatter forever. Working off is excluded, and parting is allowed at any time indicated, to everyone's pleasure, in the terms of the dismissal agreement.

When applying to the exchange, a compatriot dismissed by agreement of the parties is entitled to a larger allowance and for a longer period of time than in the case of dismissal on his own. Of course, if he applied immediately. As you know, who did not come on time to register as an official unemployed person (and two weeks are allocated for this), he will receive the minimum payment, a ridiculous 850 rubles a month.

What is the procedure for dismissal by agreement of the parties?

How to properly quit by agreement?

• Either the employee himself or the manager sends a letter to the counterparty in which he asks if he wants to break off the employment relationship, having previously discussed the conditions that suit both at the round table.
• Then the opponents meet and, after discussing the details and coming to a complete understanding, draw up a written agreement.
• The dismissed person is introduced to the text of the dismissal order and he signs.

The ex-employee is calculated the same way on the day of dismissal. He gets all the money and documents. Particular care must be taken with the second copy of the agreement. It will become evidence in court if it occurs to the employer to go to the refusal and not pay compensation. After all, severance pay upon dismissal in agreement with the "owner" is not supposed to.

Dismissal at the initiative of the employer

Often, the bosses want to get rid of a subordinate who does not have enough stars from the sky, just works routinely, nevertheless coping with his duties, but without a twinkle, but what is needed is an enthusiast flaming in production, an engine of progress! There are no grounds for his dismissal under the law: he does not violate discipline, he gives the plan, but oh how you want to say goodbye to him. Tired as hell!

First, they politely talk to him, gently hint, offer positive recommendations for further employment and an excellent reference. They promise good money. But an employee who is surprised to learn that they want to remove him from the road may not agree to dismissal on his own or by agreement with the employer. And even go to the aggravation of the situation, showing his principled position.

In this situation, even threats to spoil the work book, complicate working conditions, squeeze out of the team by other administrative methods can turn out to be empty air shaking. Well, he doesn't want to quit!

Then you have to act in a different way. Look for a solution to the issue of dismissal on legal grounds. Control the time he spends at work, issue assignments by written orders and draw up acts of acceptance of completed assignments. Somewhere, yes, he will pierce, being late for work, he will not cope, he will make a mistake!

Often, employment contracts contain clauses that allow the employer to set employees low official salaries or do not name a specific place of work within the boundaries of one city. These assumptions will make the working conditions of the candidate for dismissal hellish. The suddenly penny salary and constant transfers from place to place will force the poor fellow to make concessions.

Interesting

But the main thing here is not to overdo it. Today, in courts, albeit rarely, even cases are won on the recognition of dismissal agreements as null and void by agreement of the parties. Although they are the hardest to argue. An employer who decides to force an employee to resign must nevertheless act within the legal framework: keep all orders and acts that may indicate the employee’s lack of professionalism or violation of discipline.

Who can't be fired?

There are "preferential" categories of working compatriots, which the leadership will not be able to part with under any circumstances. Except when liquidating a production or organization as a legal entity. For greater clarity, these "lucky ones" are included

Dismissal on probation

Getting a job often lies through an examination of the professional qualities of a specialist who is accepted for a trial period. If the level of qualification of the applicant is low and the employer is not satisfied, the “loser” is fired, notifying by letter three days before the last day of work.
The letter gives all the reasons why the dismissal of the “student” is inevitable:

• a memorandum from the foreman, department head and other immediate superiors is indicated, in which the deplorable results of the work of the subject are given;
• written customer complaints against a newcomer;
• an act of violation of discipline;
• written reports of the candidate himself;
• other written evidence of the subject's incompetence.

A candidate who fails the test signs a notice stating that he has not passed the probationary period. Some refuse to sign. But witnesses are called and an appropriate act is drawn up.

The employer must insure himself with strong evidence of the inconsistency of the test subject with the position for which he applied. So that there is something to fight off attacks in court, if the offended to the depths of the soul, the "loser" disputes his dismissal. There will be no such actual evidence - the judge recognizes the illegality of the dismissal, with all the ensuing consequences.

In addition, it must be remembered that young professionals, pregnant women and minors do not go through a probationary period according to the law.

How to get fired for gross violation

Dismissal is possible even for the only gross violation of labor regulations:

• Absenteeism (clause 6, part 1, article 81 of the TKRF). If during the working day an employee is not in place for four hours in a row and the authorities do not know where he is and what he is doing, he is in trouble. He will be fired for absenteeism. And they will be right.
  It is better to immediately note the fact of absence from the workplace in the report card. An employee is sent to the address of the truant's registration, who must find out the reason for absenteeism. The suspect in truancy must respond in essence within two days.
  If he has nothing to justify himself with, they issue a dismissal order and hand it to the violator, or send it by registered mail. Days off are not paid.
• The situation can be complicated if it is not possible to find a truant, he does not get in touch, does not answer calls and letters, does not open the door at the place of residence. In such situations, it is better to wait one year. If a person does not show up, he can be declared missing and legally fired for this reason. Because if you hurry, and the truant shows up and the reasons for the absence turn out to be valid, he will be reinstated at work, and the employer will have to answer for the wrongful dismissal.
• Drunkenness in the workplace (Article 81 TKRF). Finding an employee drunk at work is not enough, you need to document and testify this event. Only a doctor can give a conclusion about a person’s condition, so you need to take the drunk to a special medical facility for an examination. But if the offender refuses to undergo a medical examination, an act of refusal is drawn up. Signatures of witnesses will make this document an ironclad argument for dismissal under the article.
• Disclosure of information protected by law. If an employee who had access to classified or personal data at work turned out to be a spy for competitors or for commercial reasons, proof will also be required to get rid of him.
• Theft or deliberate destruction, damage to the property of the employer. The cost of stolen (destroyed, damaged) is not important. The main thing is the fact of theft or vandalism at work. Without the police and the subsequent trial is indispensable. Recognized as guilty - automatic departure from work under the article.
• Violation of labor protection rules that caused serious consequences for people or property.

It is legal to fire for these violations even if they happened only once. Usually, upon the fact, they immediately appoint an internal investigation, write down the explanations of the violator, issue a dismissal order, issue a labor certificate, a certificate of earnings, and pay if they owe wages.

The dismissed person always has the right to challenge his dismissal in court. Moreover, he should not present evidence of his innocence to the judge, but the defendant will have to show irrefutable evidence to the court.

Important

It should be remembered that if absenteeism occurred for a good reason, dismissal for this is considered illegal. The same applies to the dismissal of a drunkard: there are no results of a medical examination, there are no written testimonies - the alcoholic will return to work, and the defendant will be fined.

It is necessary to notify the offender and give him all the documents related to the dismissal with witnesses. Who will sign the act of transfer, as well as the act of refusal, if any, from the employee.

Dismissal due to downsizing

This is the most difficult dismissal procedure for management. Planned layoffs must be notified to targeted workers and the local employment office or trade union sixty days before layoffs begin.

All laid-off workers will have to pay a severance pay of three salaries. But before the reduction, everyone must be offered another position, even if it is less paid.

How to dismiss for non-compliance or insufficient qualifications

To dismiss for a low level of professional training, you will have to contact independent centers for assessing the qualification level of employees. Just like that, unfoundedly accusing a person that he does not reach the required level will not work.

Moreover, even the conclusion of experts, whose services the head will pay out of his own pocket, the dismissed person has the right to challenge by contacting the palace of justice.

In the same way as with the reduction, those dismissed for incompetence are necessarily offered other places that are more suitable for them in terms of their level of training and skill. If there are no such places or there are, and the employee refused them, he is fired. And how further, if he begins to sue, the court will decide.

Dismissal by law by changing the terms of the contract

The law allows amendments to an employment contract only with the consent of the employee with whom it was concluded during employment. But if reorganization measures are carried out, covering the entire enterprise and all employees, such changes are made unilaterally. The management notifies workers two months in advance that working conditions will change.
The reorganization itself must be confirmed by the issuance of relevant local regulations. Those who disagree with the innovations are offered available vacancies. After their refusal, a dismissal is issued.

Terms of dismissal

As soon as the application is registered - one signed copy is left for yourself, and the second - for the head - the period of working off begins to drip, which, according to the law, is exactly fourteen days. For the author of the application, the work schedule does not change: as he went to work, he continues to go, fulfilling all his labor duties in full.

Do you need a "runner"?

While the clock before the dismissal is ticking, it's time to take care of the bypass sheet, or as it is popularly called the "runner", or rather, filling it out. After all, if this matter is left for the last working day, you may not have time to receive the signatures of everyone who must sign in a day: from the librarian to the chief accountant. And according to established practice, labor is not given until the slider is completely filled and handed over.

Not to give labor on the day of dismissal, no matter for what reason, is an administrative offense for which the employer runs the risk of answering with a ruble. It is not superfluous to remind personnel officers of this, and if there is no adequate answer, contact the labor inspectorate with a corresponding statement.

Many will probably be interested to know that Article 84.1 of the TKRF gives the employee the right not to fill out a bypass sheet at all. Moreover, the organization cannot punish him with some kind of penalty. Simply put, the slider - paper is optional. And all responsible employees who elevate its significance to the rank of universal are mistaken.

When the deadline expires, on its very last day, the employee who submitted the application is given an order to dismiss him, having read the contents of which, he signs the document. After that, it remains to receive all the documents required upon dismissal, including labor, money and say goodbye to now former colleagues and the organization itself forever.

Is it possible to ask for dismissal without work?

Working off (Article 80 of the Labor Code of the Russian Federation) sometimes greatly complicates the life of a person leaving, delays him, especially when a new place has already been found and is waiting for the candidate to pay off his old job. Therefore, you can try to negotiate with your superiors and not work these days. The corresponding request can be contained both in the application for dismissal itself, and be sent as a separate application.

Reasons should be given on which the manager agrees to dismiss the employee without working off. For example, if there is another specialist on staff who is able to do the work of the dismissed person. Illness, family circumstances, etc. are considered convincing reasons. The boss is also a person, if he enters into a position, the dismissal order will be issued earlier and you won’t have to work out.

What documents are received upon dismissal

Having settled with the dismissed employee, the employer issues documents to him: (Article 84, 140 of the Labor Code of the Russian Federation):

• employment with a fresh record of dismissal. You will have to sign for receipt;
• references:
  • (form 182n) on the salary paid to the employee for the last two years;
  • on the total amount of pension contributions paid during work (form RSV-1 and SZV-M);
  • about the average monthly earnings for the employment service. Issue it at the request of the dismissed within three days;
  • SZV-STAZH form, introduced in 2017. Contains data on the work experience of the dismissed person (the employer may be fined for not issuing such a piece of paper). Copies of documents, if the worker ordered them (for example, a dismissal order).

By illegally delaying certificates and labor, the employer risks injuring himself on the hard edges of articles 5.27, 5.39 of the Code of Administrative Offenses of the Russian Federation. If he is an official, he will be fined one to five thousand, legal - from thirty to fifty thousand "wooden". Penalties will increase manifold if the labor documents contain incorrect information: from fifty to one hundred thousand rubles.

The dismissed person has the right, by a separate statement, to demand from the management to issue him any certificate reflecting his work in this organization. Such papers are issued within a maximum of three days.

Calculation of severance

The accounting department will calculate the salary for the actual hours worked in the current month. The day the job ends doesn't matter.
It is rare in any company that a person leaving is not owed for an unscheduled vacation. Money for this is also required to be issued upon dismissal (Article 127 of the TKRF).

In addition, if a person was laid off (clause 2, part 1, article 81 of the Labor Code) or fired due to the liquidation of an enterprise (clause 1, part 1, article 81 of the Labor Code), he is entitled to monetary compensation in the form of the so-called severance pay (Article .178 TKRF): one average monthly salary on the day of dismissal. While the dismissed person finds a job, the organization will have to pay him an average salary for two months.

What entry will be put in the labor?

An incorrect entry in the work book can cause problems for its owner in the future. Therefore, upon dismissal, you need to carefully read the meaning of the entry made by personnel officers. Namely, the number of the article indicated there. According to the law, they do not write a specific article of dismissal here, for example, article 80 upon dismissal on their own, or 78 upon dismissal by agreement of the parties, but art. 77 of the Labor Code of the Russian Federation - a general article providing for all types of dismissal. If a mistake is made, it should be demanded that it be corrected immediately. It is done like this. They write that the entry number is such and such invalid, after which they enter the correct entry in the new line of the labor.

You should also check whether the name of the organization, the position of the dismissed person are indicated correctly and if there are any abbreviations. Official requirements for filling out a work book oblige to enter all the words in full so that there is no “Art. 77 of the Labor Code of the Russian Federation", and all abbreviations and abbreviations were deciphered. Of course, the signature of the responsible person and the seal of the personnel department should be where it should be.

Withdrawal of the application

The dismissed person may change his mind about leaving his place of residence, however, if he is valuable for his professional qualities, the employer himself often offers and even persuades him to stay. It is not too late to withdraw the application within fourteen days. You will need to write an application to recognize the previously submitted application for dismissal as invalid. True, if the personnel department has already received an application for employment from a new candidate for the place of the dismissed person, the train, as they say, has left. Think about all the pros and cons of dismissal in advance, before writing an application.

How to protect your rights upon dismissal?

The deadlines after filing the application have expired, but there is no order to dismiss? It's time to remember your rights guaranteed by the Labor Code. To begin with, you should notify the office with a written claim that, according to the law, serious fines are due for a delay in dismissal due to the fault of the management.
Didn't work? You should apply to the labor inspectorate or immediately to the prosecutor's office or the palace of justice. It is for such cases that even when writing an application, you should take care of its duplicate, which will become strong evidence of a violation of the employee's rights in court.

For the entire time that the proceedings are going on, the employer will be obliged to pay compensation, as for forced absenteeism. In addition, he will be fined for a delay in dismissal. In the statement of claim to the court, the requirements for this should also be written.

Practice shows that litigation often drags on for a very long time. Therefore, in the statement of claim, it would not be superfluous to indicate the requirement and moral compensation.

How to challenge a dismissal order

If a compatriot turned out to be unemployed due to a violation by the head of the labor code and termination of the contract, he has the right to go to court at the place of residence of the defendant (address of the organization) and appeal against the order of his dismissal within one month after he signed it.

The text of the statement of claim contains all the data of the illegally dismissed person, full information about the organization in which he worked, and also sets out in detail all the claims.

How an application is made to the Palace of Justice is described in Art. 130 - 131 Code of Civil Procedure of the Russian Federation. It is impossible to file one statement of claim, it needs “worthy” support in the form of:

• copies of the application for the employer who fired the plaintiff;
• documents confirming that the plaintiff really worked for the defendant and on the basis of which he was dismissed (copy of the employment contract, order of dismissal, copy of the letter of resignation, etc.). These papers can be requested by a separate application, and the employer is obliged to issue them within three days.

State duty on labor disputes

The NCRF classifies workers who restore violated labor rights in court as beneficiaries, exempting them from paying any duties. (clause 1, clause 1, article 333.36 of the NKRF, clause 4 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2).

The Tax Code does not record employers as beneficiaries. If they start suing an employee, they will be charged a fee. Its size is stipulated by Article 333.19 of the NKRF.

If the letter of resignation is not accepted

Having applied directly to the “boss” with a statement, did you encounter misunderstanding and refusal? You will have to take the application to the department that processes incoming and outgoing documents, correspondence. Here it must be registered in accordance with the rules for the official accounting of incoming letters and other papers. Then make a copy of the registered application. But if a call comes in from above about the application and the secretary refuses to register it, there are other options.

We send the application from the post office as a registered letter. It will be delivered and registered, and the sender will receive a receipt and a notification of receipt. These papers must be carefully stored.

If a compatriot decided to quit, then this should be done in a civilized manner, observing both the norms of the Labor Code of the Russian Federation and the requirements of the organization's local documents. Of course, if they do not contradict the law and after meeting with them, he signed the appropriate paper.

No need to go into direct confrontation with superiors. To defend oneself within the framework of legal norms is one thing, but the transition to personalities and the acquisition of a real enemy is quite another. The regional labor market is small. All heads of enterprises and organizations can know each other. A phone call - and the dismissed person will not be hired anywhere else. The offended ex-employer will take care of it. Therefore, tolerance during dismissal will not hurt. If there is at least a small chance to maintain good relations, they must be used for their own good.

All things, tools, equipment, and other attributes of the workplace must be handed over according to the inventory to your successor or, if there is none yet, to the person responsible for the materiel, for example, to an accountant. A signed inventory will save you from possible charges of theft in the future.

You should work out the prescribed two weeks without violating the work schedule, otherwise you can easily fly out of work under the article (for absenteeism, for example).

If a worker is forced to write a statement on his own, threatening to terminate the employment agreement "under the article", this is evidence of a deliberate violation of labor laws. So, a reason to sue yourself compensation for illegal dismissal from work. The court will cancel the dismissal order and reinstate the plaintiff at work. However, it is unlikely that the dismissed person will want to work with the boss, who was fined according to his “denunciation”. Hell at work guaranteed. Therefore, the best option would not be to be reinstated in the previous position, but to reformulate the grounds for dismissal to "of one's own free will" and receive money for absenteeism for many days through no fault of one's own. It will not be superfluous to request payment for non-pecuniary damage. Quite often courts grant such applications.

Subscribe to latest news

6474

Sooner or later, any employer is faced with the issue of dismissal of an employee.

The reasons can be different: the employee's conflict, incompetence, laziness, excessive persistence, or even "sweaty hands", as in the French film "Toy", in which the director of a publishing house could fire any employee simply because he is unpleasant to him. Life is life and no one has canceled the human factor.

We will not dwell on the articles of the Labor Code devoted to this issue. We only note that dismissal at the initiative of the employer is fraught with consequences (often financial) for the employer himself.

Therefore, the safest and most win-win option for him is dismissal at the initiative of the employee. In this case, the possibility of the latter to challenge the illegality of the dismissal in court is practically reduced to a minimum. Especially if this is a dismissal by agreement of the parties.

But how to bring an undesirable employee to this, so that he himself burns with impatience to terminate the contract with the employer?

Let's dwell on the most common and effective ways to “push” an employee to the right decision.

Method one. Ask an employee to write a voluntary resignation letter

The simplest and easiest parting option. There is no need to invent anything here. Sometimes it’s enough just to talk heart to heart with a person, to convince that the current work does not make it possible to fully reveal his potential, that he is capable of more and that it is time to move on.

The “icing on the cake” will be employment assistance. Unless, of course, it does not require a lot of time.

Method two. Let the employee know that he is a bad employee

If the conversation did not help or the employer does not believe in its effectiveness, you can use the most popular way of “squeezing out” - criticism.

Criticism and again criticism of all the activities of such an employee. And preferably in the presence of colleagues. Prepared a report - criticism ("Where did you get these numbers?" "Why are you using unverified data?"), took the initiative - criticism ("All your ideas usually do not work."), spoke with the client - criticism (" How do you talk to people?" "Do you even know how to negotiate?").

There will also be loud exclamations and lamentations, such as “And why am I paying you a salary?” "I don't think you're minding your own business?" etc.

Usually, few people can withstand such "pressure" for a long time.

Method three. Create confusion in the duties of the employee so that he does not understand what they are

Endlessly cancel old and give new tasks. Preferably daily. Moreover, the setting of a new task should be abundantly flavored with criticism and words about the sluggishness and slow-wittedness of the employee. Request a report on the work done. Again, criticize, criticize, criticize. A sort of double blow to the self-esteem of the "victim".

The human brain does not like chaos and seeks to streamline everything. When incomprehensible tasks fall on you daily, even the most stubborn worker will eventually break.

Method four. Notify that a commission is being created to verify the professional activities of an employee

Any commission in the workplace is stressful for the entire team. Is it not enough that this commission will "dig up"? And if such a group is created personally for an employee, for the latter this is stress squared, if not cubed.

Even the most slow-witted worker will guess that his activity raises questions, especially in terms of professional suitability. This means that there is a risk of dismissal under this article, which is a kind of “black mark”, from which it will be difficult to wash off later. I mean, get a new job.

Following the further logic of events, such an employee, as a rule, prefers to be proactive: i.e. quit myself.

Method five. Change the job description of an employee in such a way that it is perceived as a demotion and level of responsibility

This method is especially effective for ambitious people, as well as professionals. People who know their worth.

For example, the head of a department can be deprived of subordinates or forced to perform the duties of an ordinary employee. Or conditionally select a microscope and hand over a handyman's hammer into the hands of a professional: transfer it to dull, monotonous work that does not require great skill or creativity.

For such people, it will be like torture. Only a few are able to endure it. As a rule, the result, in the form of a statement in its own way, will not keep you waiting.

Method six. Make it so that the team began to shun, declared a pariah

The method, frankly, is not entirely ethical, but definitely effective. From the arsenal of "grey cardinals". Namely, to use the collective itself as a “squeezing out” force. To do this, it is enough to set it up against the right employee. For example, to start a rumor that this employee is constantly “knocking” on colleagues to management or that he is sick with some kind of non-fatal, but very contagious and unpleasant disease, which is long and dreary to treat.

Most people are quite sensitive to such things and in the event of the formation of a "vacuum" around their person, they would rather change their environment than be an "outcast" in the team.

Method seven. Make the employee financially responsible for expensive equipment, which is almost impossible for him to keep track of

Not every employee wants to be financially responsible, especially if control as such is impossible. For example, when you have to control all computer equipment, including company branches in other cities or presentation equipment, which is in the hands of employees traveling to clients. Moreover, the very type of (pre-prepared) inventory and act of transfer acts on the candidate for dismissal, as an incentive to immediately write a letter of resignation.

Method seven. Organize a “set-up” for the employee, as a result of which the best way out for him is dismissal

Another way from the arsenal of "gray cardinals" is to "set up" an employee who needs to be disposed of. In a personnel war, sometimes one cannot do without such means.

There are quite a few “dummy” options: from the loss of important documents and the lack of a large amount of money to sexual harassment. Moreover, the latter in modern realities can work for both sexes. And if you still arrange a public trial with the analysis of the "flight" and the demand for repentance ...

As a rule, in such situations, “caught” employees prefer to quit of their own accord for happiness.

Method eight. Look for the slightest reason for official reprimands or "Ivanov, you're late again!"

The boss's eye, like a spotlight, highlights the work day of the right employee, starting in the morning. Late for a minute - an act of being late. A reprimand for the slightest reason with the execution of an order. Setting unrealistic deadlines for the implementation of a particular task. And again, reprimand after reprimand.

Even the most stubborn employee will soon realize that the authorities are preparing a dismissal on a “bad” article and will prefer to be the first to make a “knight's move”: write a statement in their own way.

Method nine. Cut off problematic employees while still “on the shore”

As a rule, experienced personnel officers screen out problematic candidates even at the stage of hiring, but, unfortunately, even they are not able to completely avoid personnel errors.

Sometimes recruiters themselves are to blame for this, who do not always tell the applicant the whole truth about the vacancy. Especially in the points related to wages and work schedule. Which ultimately leads to conflict. In most cases, the cause of such conflicts is the overestimated expectations of both the employer and the employee.

Therefore, it is always important to speak out all the important points of the upcoming work while still “on the shore”, that is, before the start of the new employee’s work activity. This will avoid possible conflicts and misunderstandings in the future. As well as problems with dismissal.

In any case, if any do arise, you have as many as eight reliable and proven ways to get an employee to leave of their own accord. And to leave with a full feeling that it is for him, and not for the "ungrateful" employer, the last word remains.

"You're fired!" - such a phrase can be heard in many scenes of feature films, where a strict boss kicks a violating employee out of work. And he, having hung his little head, is removed from the office and leaves the life of the company forever. Is it really that simple? Not at all. You need a good reason to fire an employee. How to fire an employee correctly and not have problems with labor laws? Let's figure it out.

A little materiel

In order to legally dismiss an employee, you need to legally employ him. Official employment includes:

• execution of an employment contract. It consists of two copies - one for the employee, the second for the employer. It lists the main conditions of employment - position, salary, working conditions. Both copies must be signed by the employee and the head of the company;
• an entry in the employment record book. It is done by the HR inspector or manager. Certified with a seal. The record contains the date of admission to the position and the number of the order;
• The order of acceptance to work. Published by the head of the company. The employee must be familiarized with the order against signature;
• notification of the tax office about the status of the employer;
• notification of the social and medical insurance fund, pension fund, social insurance.

Only after all these conditions are met, the employee is considered officially employed. Unfortunately, the reality is that a huge number of people work differently - they just come to the office, perform their duties and receive a salary in an envelope. However, they are not officially employed. But no, there is no court - if it is not formalized, then it is not necessary to dismiss. Here it is really enough to say that the person does not come to the office anymore. We will talk about the dismissal of employees who are employed as expected.

Voluntary dismissal

The easiest way for the parties. Its essence is as follows: the employee writes a letter of resignation, the head of the online store signs it. The document is written in the name of the manager something like this: “I ask you to dismiss me of my own free will from the position of sales manager from such and such a date.” Date, signature.

Everything happens by mutual agreement of the parties, it remains only to observe the formalities:

• issue a dismissal order. In the document, indicate the reason for dismissal and the date of termination of the employment contract;
• make an entry in the work book indicating the number of the order;
• pay the employee all the money - salary, vacation compensation, bonuses, and so on;
• issue a work book;
• notify the funds of the termination of the employment contract so as not to pay deductions.

An important point. You have the right not to release the employee immediately, but to assign him working off. That is, the employee does not leave on the same day that he wrote the application, but works for some more time. The maximum period is 2 weeks from the date of submission of the application for dismissal. This period is given to find a new employee to replace the old one. In this case, on the application you need to write something like this: “I do not mind working off 2 weeks.”

Do not forget to give the worker a bypass sheet - a “slider”. The employee must hand over everything that you gave him for work: phone, laptop, and so on. Passed - received a signature in the slider. Did not pass - pay compensation or signatures on the application can not be seen.

The worst option for you. Why? Yes, because in this case, the employee will have to pay monetary compensation. Its maximum size is 3 monthly salaries. Besides There are good reasons for downsizing:

• change in the working model. Suppose an employee performed some functions. You have upgraded the process and now the computer program does it. The need for man has disappeared, and he must be reduced;
• drop in workload. The number of orders has dropped, and now 2 managers instead of 3 can easily handle the task. One - under reduction;
• restructuring. You are closing a branch in city N. All employees of the office in this city are no longer needed, they need to be fired.

The employee is informed about the dismissal for reduction at least 2 months in advance. This is done in the format of a notification, with which the employee is familiarized against signature. From that moment on, a person has the right to one paid day off per week to look for a new job. Which again is unprofitable: there is no employee at the workplace, but you need to pay money.

Not everyone can be cut. Pregnant women, persons under the age of 18, sole breadwinners in the family, persons with disabled children and a number of other workers cannot be fired to reduce the staff. And now, according to a new law passed by the government and signed by the president, it will not be possible to reduce persons of pre-retirement age. These are those who have 5 years or less left to retire.

One more moment. Remember, you are not reducing Ivanov Ivan Ivanovich, but the position, for example, of a sales manager, that is, a staff unit. There were 10 managers, after the reduction it became 9. And it's up to you to decide which of the 10 people to fire.

Not the easiest way to get rid of, and here's why. Any violations must be properly proven. You cannot fire a person with such a wording in one go. Now the former employee will run to "competent" lawyers who can prove in court that the person was kicked out undeservedly. Say, the head had a personal dislike for him, dug under him, so he fired him for a simple delay. And others are late, and nothing.

To prevent this from happening, you need a multi-way. Suppose an employee is constantly late and disrupts the work process. Start small - reprimand him. Late for the second time - already a severe reprimand. For the third delay - dismissal. The most important thing is to get it all in writing. You can't prove a verbal reprimand in court. Therefore, the reprimand is only in writing, with the signature of the “accused” and his explanatory note.

You also need to draw up an act of violation in free form. The wording is something like this: “Such and such such and such a date was late for work for 40 minutes, which put the work process in jeopardy.” The act must be signed by the offender and at least three witnesses - they can be taken from among other employees.

The second delay is made out in the same way, only we use a severe reprimand as a punishment. We also attach an act of violation to it with the signature of the offender and witnesses, as well as an explanatory note for the latecomer. Now you have something to show in court.

We draw your attention to the fact that lateness is considered the absence of a person at work for 15 minutes or more. If an employee is delayed for three to five minutes, nothing can be done about it, alas. By the way, absenteeism is an absence from the place for 4 hours in a row.

Now look. Rarely are fired for violation of labor discipline. Why spoil a person's work book, so that later he could not get a job anywhere? Usually this is not done. Invite the violator to your place and confront the fact: either you write a statement of your own free will, or we fire you under the article. We assure you, every first one will choose option number 1 and you will part relatively peacefully. They won't even ask for a job.

Dismissal for misconduct

Similar to the previous case, only instead of violations of discipline there will be jambs in work. Here everything is much more complicated - you can’t get off with a simple act. More proof is needed. Now we will tell you which ones. Let's make a reservation right away: this is how they work at manufacturing enterprises. In online commerce, none of this is observed, although it should. So, To dismiss an employee for professional incompetence, you need to:

• develop and approve several instructions for the employee. For example, job description, instructions for working with a personal computer, safety instructions;
• conduct a knowledge test of job descriptions every year. With the preparation of protocols and journal entry;
• conduct .

If you do not do all this (and you do not), then it is impossible to fire a person for incompetence. Evidence of job non-compliance is when an employee fails an exam in knowledge of their instructions. There are no instructions and exams - there is no dismissal. Dot.

Dismissal at the end of the employment contract

Everything is more or less simple here. There is a contract that has an expiration date. A year, three, five - it doesn't matter. In one of the last clauses of such an agreement, it is usually written that upon expiration, it may be extended by agreement of the parties. Or it may not be extended. Then the employee leaves your company without any consequences.

Mostly refer to employees of online stores specializing in the delivery of food and groceries. These often have a kitchen, whose employees are required to have medical books and undergo annual medical examinations, passing a bunch of tests.

I must say that medical examinations are strict, and doctors are picky. Therefore, sometimes it happens that an employee for some reason does not pass the test. And no matter how sorry it is, you will have to part with such a person.

The same, for example, with courier drivers. All of them undergo periodic medical examinations for obtaining and renewing a driver's license, passing a technical inspection, and so on. If at some point the coveted certificate cannot be obtained, the person is deprived of the right to drive vehicles and cannot continue to work. He will also have to be fired.

Technically, everything is made out very simply. There is a reason for dismissal - the state of health. This is confirmed by the relevant conclusion of the medical institution. You just have to issue a dismissal order and attach this certificate to it. The wording of the order and the entry in the work book will be “Fired for health reasons”.

In this case, we are not talking about any working off - a person quits, as they say, one day. True, you can offer the dismissed another position in your organization.

Other reasons for leaving

There are other options for leaving an employee: disability care, orders from higher authorities, decisions of courts and commissions.

It was theory. And what is the best way to expel a negligent employee in practice?

1. By mutual agreement of the parties. Just invite a person to a conversation and offer to part in an amicable way. Like, we will not be able to work together, we are not on the way, and so on. Hint that sooner or later it will come to dismissal anyway and it is better to part amicably and in a civilized way.
2. If option #1 doesn't work, go to step #2. It is described in detail in the section on violators of labor discipline. We collect acts on violations, write orders for reprimand, dismiss or offer to write in our own way.
3. Did not work out? Then expelled for incompetence. It's not fast and tedious. You need to write instructions (you can download standard ones and rewrite them for yourself), train a person and take exams that he will not pass. Examinations are taken by a commission of 3 people. Did not pass - we appoint several retakes. The final exam in the extended commission will be decisive. Perhaps with the participation of representatives of the state. Filled up - dismissal.
4. If the previous methods did not help, move on to heavy artillery - redundancy layoffs. It is long and expensive, but the result is 100%. The main thing to remember is that downsizing needs a reason - any changes in the process that make some positions unnecessary.

Some employers go for the trick. Let's say you can't expel a bad employee. You can prepare documents on downsizing, fire a person, and from next year again enter his position in the staff list.

Conclusion

As you can see, firing a person is not so easy, but possible. The main thing is to do everything right and document it. And we wish you to part with employees, especially valuable ones, less often. Good luck with promotion!

According to Russian labor law, an employee who decides to quit must work for the prescribed two weeks. But can you quit early? This rule has exceptions, so in certain cases, and it is possible to leave the organization immediately after applying.

By law, a person who decides to leave his job of his own free will must notify the manager of his decision to quit 14 days in advance. This term is called processing.

The legislation also regulates other terms for dismissal. This may be in cases where a reduction procedure has been announced at the enterprise, then the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced if he is initially accepted by the manager on special conditions. They should be written about. So, the special conditions are as follows:

• According to , the employee was accepted as part of a probationary period.
• The person is designed to perform seasonal work. If the head decided to dismiss the employee, then he must be informed seven days before the issuance of the order.
• The agreement was drawn up under Art. 292 of the Labor Code of the Russian Federation, and its period does not exceed 2 months.

Observing the term, the employee must also fulfill his obligations related to leaving at his own request:

• Notification of the head takes place in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
• The employee is obliged to receive a calculation and a document on labor activity.
• Receipt.
• Receiving severance pay. This type of payment is usually provided for by a collective agreement.

When processing is not required

Is it possible to be fired without work? There are times when an employee is allowed to be fired on the same day when applying. At the same time, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work for 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without drawbacks, including the following points:

• the employee is not entitled to compensation for unused vacation, as he uses it;
• date of dismissal - in two weeks;
• the boss may not release the person leaving on vacation for this time, the legislation gives the right to resolve such an issue precisely with the management.

You can bypass such a formality as working out, if available. If the resigning person has documentary evidence of the fact that his rights were violated by the management, then he, too, may not work for 2 weeks.

Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work 2 weeks after submitting an application. Let's call them:

• retirement;
• enrollment in the full-time department of a higher educational institution, in connection with which it is impossible to further extend labor activity;
• violation of the law by the employee;
• other cases.

Other cases include the following situations:

• new job in another city;
• moving the second of the spouses to work outside the country;
• caring for a child up to the age of 14, a child with physical or mental disabilities or a sick child;
• caring for an adopted child under the age of 14;
• pregnancy.

Is it possible to quit in one day?

How to quit in one day? One-day dismissal is possible, but this practice is rare. More often, very quickly release those employees who are simply unreliable, for whom there are repeated violations of the employment contract.

There are also official grounds for leaving on the day of application, they are listed in the labor code. Some organizations in their collective agreements provide additional reasons to quit one day.

If the circumstances under which a person would like to urgently leave work without working off do not fit any of paragraph 81 of Article 8 of the Labor Code of the Russian Federation, then local acts of the organization in which he works can be reviewed. Perhaps there are additional reasons that can be cited.

It should be understood that it is not always possible to get a settlement so quickly and immediately after notifying the authorities of your decision. Due to some circumstances, the management of the enterprise may need several days.

Registration procedure

The procedure for dismissal without working off the prescribed two weeks is no different from the standard process. Except it's going faster. The formatting looks like this:

• submission of a written statement of resignation to the management of the enterprise;
• issuance of a dismissal order;
• settlement with the employee and transfer of all documents to him.

If the dismissal order is issued on the day the application is written, then sometimes you will have to wait with the issuance of documents and receipt of the calculation. However, the employer must make the payment no later than the next day after the dismissal of the employee.

Applying

To quit your job, you must submit to management. The document should display the fact that the employee wants to quit in 1 day. In addition, this fact requires documentary confirmation.

Such data must contain an application for the dismissal of an employee:

• position and name of the person who has the right to register these applications;
• company name;
• position and name of the initiator of this document;
• the name of the structural unit in which the employee who is leaving works;
• in the application itself, it is necessary to state the request to be dismissed from work;
• the employee indicates that he wants to receive a calculation without working off;
• reasons for this desire;
• a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
• when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
• at the end of the sheet, the date, signature and initials of the applicant are affixed.

The application is signed and submitted to the personnel department in the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is affixed to it.

Issuing an order

Filling out a dismissal order does not differ much from the standard T-8 form. The only feature of such an order is that the date of its issue and the date of dismissal may coincide or differ by a day. Details and registration of the order are identical to other forms.

The order signed by the director is transferred to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal, put his signature, which will mean consent to the entry of such information.

Enrollment in labor

It doesn’t matter if the employee works for the required 2 weeks or is fired in one day, the entry in the work book will be the same. The book contains the article on the basis of which the dismissal was made. It also includes an explanation.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, there must be:

• date of dismissal;
• signature of the employee of the personnel department who made an entry in the work book;
• Stamp of the company.

Employee benefits

The payments due to an employee upon dismissal with working off are identical to those that are issued upon leaving without working off. The main compensation consists of money that is paid for unused vacation. But on the condition that there is an unused part of it.

Some companies give extra money to pregnant women and retirees. You can find out whether there are such payments or not if you read the collective agreement or it may be indicated by the employment contract.

Additional payments are received by employees who leave their former place of work by agreement of the parties. In order to do this, you need to fix the exact amount of payments due to the employee in the document.

Thus, at your own request, you can quit in one day. But this requires certain circumstances provided by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.

You will be interested