The Labor Code provides for a number of grounds for termination of an employment contract, which are referred to in article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article, we will look at exactly how the termination of an employment contract can occur.

General order

According to the Labor Code, when terminating an employment contract, an order or instruction from the employer must be issued, with which the employee must be familiarized by signature. If the employee refuses to sign the document, a corresponding entry is made on the order. A copy of the order or order, at the request of the employee, can be issued to him in his hands.

In any case, the day of termination of the employment contract is the last working day of the employee (with the exception of cases when the employee did not actually work, but his job was retained).

The employer is obliged to make an entry in the work book in full accordance with the Labor Code. This means that the wording must necessarily indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to give the employee a work book and full payment. If the employee did not appear for the documents, a notification should be sent to him about the need to receive a work book. If an employee who has not received a book on time requests that it be given to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and the employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal is significantly different from dismissal of one's own free will. For example, if an employee, after being fired, registers as unemployed, the allowance will be determined for him not on the basis of the minimum wage, as for the one who was dismissed of his own free will, but on the basis of the official salary at the last place of work.

The agreement on termination of the employment contract is concluded in writing and, in fact, is an additional agreement that is attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by a human resources inspector or other authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of the employment contract or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee works under a fixed-term employment contract, then three days before the deadline for its expiration - the actual dismissal - the employer must notify the employee in writing. This means that the employee must be given or mailed a notice of termination of the employment contract. A fixed term contract can be:

• to perform the duties of a temporarily absent employee (such an agreement must be terminated simultaneously with the release of this employee to his place of work);
• for the duration of a certain work (such an agreement is terminated upon completion of the work specified in it);
• contract for the performance of seasonal work (such an contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such an agreement is extended until she has the right to maternity leave.

If an employee working under a fixed-term contract wants to quit of his own free will, then he must submit an application addressed to the manager (that is, notify him) three days before the date of dismissal.

Termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than a dismissal of one's own free will. The employee has the right to apply for resignation of his own free will at any time, at least two weeks before the date of dismissal, and the head of the organization - one month before. The reason for such dismissal may be any personal circumstances. But if the employee quits due to:

• with admission to an educational institution;
• retirement;
• moving to another area;
• due to violations of labor laws by the employer;
• he has the right to be fired without work.

During the working time, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless quits, then on the last working day the employer is obliged to pay the employee in full, paying him the wages due, compensation, vacation pay, and also issue all the necessary documents and a work book.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer did not calculate it on time and did not issue documents, is considered to continue working, and his application for dismissal is recognized as invalid.

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like the employee, has the right to terminate the employment contract on his own initiative. Grounds for termination may be general or additional. The general ones are applicable to all employment contracts, and the additional ones are applicable to employment contracts of certain categories of employees. Termination of an employment contract on general grounds can occur in several cases:

• upon liquidation of the enterprise;
• when reducing the staff or number of employees;
• due to the inconsistency of the employee with the position held (due to low qualification, which is confirmed by attestation documents, for health reasons - confirmed by a medical report);
• due to a gross single violation by the employee of labor duties (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
• due to repeated non-fulfillment of labor duties (if the employee already has disciplinary sanctions);
• committing theft, embezzlement, deliberate destruction and damage to property;
• violations of labor protection requirements that caused an accident, accident, catastrophe or created a real threat to them;
• for committing immoral acts (for teachers);
• in case of loss of trust (for financial workers);
• for making unreasonable decisions that led to the misuse of property (for managers, deputy heads, chief accountants);
• for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that the appearance at work in a state of intoxication must be recorded by an act confirming the presence of the employee at the workplace, and by a medical report.

An employer cannot dismiss an employee who is on sick leave or vacation (an exception is the liquidation of an enterprise).

If the employer is an individual entrepreneur, then upon termination of his activity, he may terminate employment contracts with his employees. In this case, the basis for terminating the employment contract will be an extract from the USRIP.

Additional grounds for terminating an employment contract

Termination of the employment contract by the employer is also possible on additional grounds, which are stipulated in other regulations. For example, pedagogical workers can be fired for using inappropriate methods of education (these include physical or psychological violence) or violating the Charter of an educational institution (Federal Law “On Education”), and civil servants for disclosing information constituting a state secret or engaging in entrepreneurial activity (FZ "On Public Service").

With whom it is impossible to terminate the employment contract at the initiative of the employer?

• pregnant women;
• women who have children under three years of age;
• single mothers who have children under the age of 14 or have a disabled child under 18;
• other persons who are raising children without a mother.

Dismissal in the order of transfer

Such a dismissal can only be made if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this may be a letter of guarantee or a signed application for employment). If we are talking about election to any elective position, then the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such a dismissal is possible if there has been a change in the ownership of the organization's property, a reorganization or a change in the jurisdiction of the institution. In this case, the employee simply submits a letter of resignation. This rule does not apply to the chief accountant, head and his deputy. An employment contract with them can be terminated at the initiative of the new owner of the organization's property within three months after the property rights arise for him.

Dismissal of an employee due to a change in essential working conditions

In practice, situations often arise when, when organizational or technological working conditions change, the terms of the employment contract also change, but without a fundamental change in the labor function. The employee must be notified of such changes in writing two months prior to their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work in the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions can lead to mass layoffs. In these cases, part-time work is possible, which can be introduced in agreement with the trade union for up to six months. If the employee refuses to work in the new conditions, then the termination of the contract occurs in accordance with Article 81 of the Labor Code of the Russian Federation.

Dismissal for health reasons

The employee has the right to apply for other work in accordance with his state of health, which must be confirmed by medical documents. But if the organization does not have a suitable job or the employee refuses to transfer, then the termination of the employment contract occurs in accordance with article 77, clause 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee's statement about his transfer to another job and documents confirming the absence of a suitable job (or the employee's refusal to transfer to a specific job).

Termination of the employment contract in connection with the relocation of the employer to another locality

It happens that the owner of the enterprise transfers production to another area. In this case, the employer is obliged to notify the employees in writing about the transfer of production, and upon receipt of a refusal to transfer together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for terminating an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

• conscription;
• reinstatement of the former employee (by court order or decision of the labor inspectorate);
• the inability to transfer to another job at the request of the employee;
• non-election to office;
• recognition of an employee as disabled according to medical documents;
• condemnation of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
• the death of an employee or his unknown absence;
• emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by the decision of the Government of the Russian Federation.

The procedure for terminating the employment contract in this case requires the provision of documentary evidence of the occurrence of circumstances, and then, on the basis of the documents submitted (summon from the military registration and enlistment office, death certificate, court decision, medical report, etc.), an order is issued to terminate the employment contract.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes the labor inspectorate reveals violations that were made when concluding an employment contract. Such contracts must be terminated by law. The reasons can be very different, for example:

• the contract was concluded with an employee who, by a court decision, is prohibited from holding this position or performing specific work (in this case, the employee must first be offered another job in writing, and if he refuses, terminate the employment contract with him);
• the contract was concluded for the performance of work that is contraindicated for the employee for health reasons (there must be a medical certificate);
• the contract was concluded with an employee without specialized education (if, in accordance with regulatory enactments, the position or type of work performed by the employee requires special education of a certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee a severance pay in the amount of average earnings. The exception is the situation when the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (provision of false documents).

Peculiarities of termination of an employment contract with foreign citizens

If the employer cooperated with a foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

Let us draw the attention of dear readers, first of all, to the fact that from a legal point of view, the termination (termination) of an employment contract in relation to a particular employee seems to be no less, and perhaps even more significant episode than the conclusion of an employment contract with him. This is indicated, in particular, by the strict regulation of the procedure for terminating an employment contract, which is now fixed in Art. 84.1 of the Labor Code of the Russian Federation. In connection with the last remark, it seems appropriate first of all to consider the grounds for terminating the employment contract. Among the general grounds, Article 77 of the Labor Code of the Russian Federation, in particular, includes:

- agreement of the parties;

- expiration of the employment contract;

– termination of the employment contract at the initiative of the employee;

– termination of the employment contract at the initiative of the employer;

- transfer of an employee at his request (with his consent) to work for another employer or transfer to elective work (position);

- refusal of the employee to continue work in connection with a change in the owner of the property of the enterprise, a change in his jurisdiction (subordination) or reorganization;

- refusal of the employee to continue work in connection with a change in previously determined conditions of the employment contract;

– the refusal of the employee to transfer to another job due to the state of health in accordance with the medical report;

- refusal of the employee to transfer in connection with the relocation of the employer to another locality;

– circumstances beyond the control of the parties (the so-called force majeure or force majeure circumstances);

- violation of the rules established by the Labor Code of the Russian Federation (other federal law) for concluding an employment contract - if such a violation excludes the possibility for the employee to continue the work assigned to him in accordance with the employment contract (labor function);

- other grounds provided for by the Labor Code of the Russian Federation (other federal laws).

Note that in each of the listed cases of termination of the employment contract, the decision taken by the employer must not only be flawless from a legal point of view, but also be properly documented, i.e. recorded in certain documents.

It is proposed to start studying the grounds for terminating an employment contract with situations qualified by Article 77 of the Labor Code of the Russian Federation as "other grounds". The need for this is dictated by purely practical considerations, since - for obvious reasons - the so-called. "other" grounds in most of the available sources are covered in a differentiated, fragmented way.

In this regard, we will dwell first of all on the grounds that imply the termination of the employment contract and are not recorded in the previously mentioned article. These include, in particular:

– termination of the employment contract containing the probation clause due to the fact that the employee was recognized as having failed the probation or considered the work (labor function) entrusted to him in accordance with the employment contract to be unsuitable and applied to the employer with a corresponding written application;

– termination of an employment contract with certain categories of employees (for example, from among the management staff, teaching staff, etc.) on the grounds provided for by the employment contract, the Labor Code of the Russian Federation, other federal laws or local acts of the enterprise;

– termination of an employment contract with employees from among part-time workers upon the occurrence of circumstances that provide the employer with additional grounds for terminating an employment contract with such employees;

- termination of an employment contract with other categories of employees, if such contracts contain appropriate conditions and the inclusion of such conditions in contracts does not contradict the Labor Code of the Russian Federation (provided for by the Labor Code of the Russian Federation) - for example, employees from among employees of employers - individuals, employees of religious organizations, employees of representative offices RF abroad, etc.

Termination of an employment contract containing a condition for testing an employee

The procedure for terminating an employment contract containing a test condition due to the fact that the employee was recognized as having failed the test or considered the work (labor function) entrusted to him in accordance with the employment contract to be unsuitable and applied to the employer with a corresponding written application is defined by Article 71 TK RF. Since we have already considered issues related to the inclusion in the content of the employment contract of the condition for testing the employee, we will now dwell only on the general scheme of interaction between the employee and the employer in connection with the occurrence of the corresponding situation and the procedure for documenting it.

Let us clarify, first of all, that the decision to terminate the employment contract with an employee who has not passed the test should be made by the employer on the basis of the relevant documents. Otherwise, the employer risks being involved in litigation if, after dismissal, the employee considers the grounds that caused the termination of the employment contract with him to be insufficient.

Most often, the facts indicating that the employee did not pass the test are recorded in the relevant act. The employee may be familiarized with the content of such an act (against signature) before the employer sends him a warning about the termination of the employment contract or simultaneously with the delivery of the corresponding warning.

A warning about the termination of an employment contract must be given to the employee no later than three days before the expected date of his dismissal (see article 71 of the Labor Code of the Russian Federation). Here is an example of this document:

(Indicate the title of the position in the Danish case)

AND ABOUT. Surname

A warning

Dear (th) Name Patronymic!

In accordance with Art. 71 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you is subject to early termination due to the fact that you are recognized as having failed the test provided for by the employment contract. The date of your dismissal is 00 of the month of 0000.

Thank you for your work. You will be additionally informed about the procedure for settlement with the enterprise by your immediate supervisor.

We wish you all the best.

On behalf of the head of the enterprise,

(name of the position of the person,

signatory of the document) personal signature of I.O. Surname

INTRODUCED

Job title personal signature I.O. Surname

(indicated by the employee by hand)

In the event that the employee refuses to paint, the employer draws up another act in which the fact of the employee's refusal to paint is appropriately recorded.

It might look like this:

00 of the month of 0000 (name of settlement)

on the refusal of the employee to receive a warning

(from receiving a warning) about the upcoming dismissal

This act is drawn up in that the employee (name of the structural unit) of the enterprise I.O. The surname refused to sign in receipt of a warning about the upcoming dismissal from receiving a warning about the upcoming dismissal (cross out the unnecessary) due to the fact that, on the basis of the act of 00.00.0000 No. No. 000.

Addendum: warning dated 00.00.0000 No. 000.

The act was:

(Job title

direct

head) personal signature I.O. Surname

The fact of the refusal of the employee AND.Oh. Surname from the receipt (receipt) I confirm:

(Job title

(Job title

authorized person) personal signature of I.O. Surname

The general procedure for documenting dismissal is regulated in accordance with Article 84.1 of the Labor Code of the Russian Federation. On the basis of documents that ensure the legality of the employee's dismissal, the employer issues an order (instruction) on dismissal.

On the basis of the order, appropriate entries are made in the employee’s personal card (form No. T-2 (T-2GS (MS)), his personal account (form No. T-54 (T-54a)), as well as the employee’s work book. , the fact of settlement of the enterprise with the employee is recorded in the note-calculation upon termination of the employment contract (form No. T-61).

It must be remembered that the day of termination of the employment contract (dismissal) in all cases is the last day of the employee's work. On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in the manner prescribed by Article 140 of the Labor Code of the TF.

Upon a written application of the employee, submitted (taking into account the specifics of the situation under consideration) no later than three working days before the expected date of dismissal, the employer is obliged to issue to the employee on the day of dismissal, along with a properly executed work book, and copies of documents related to work - for example, a copy of the order (instruction) on dismissal. An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording provided for by law. The issuance of documents related to work is free of charge.

Let us briefly dwell on the procedure for terminating an employment contract containing a probationary condition at the initiative of the employee.

Recall that, according to Article 71 of the Labor Code of the Russian Federation, an employee has the right to apply to the employer with an appropriate written application if, before the expiration of the probationary period, he considers that the work (labor function) assigned in accordance with the employment contract does not suit him - for example, does not satisfy the level wages.

A written application with a request for early termination of the employment contract must be submitted by the employee no later than three working days before the expected date of dismissal. Based on the considered application, the employer issues an order (instruction) to dismiss the employee with the execution of the documents listed above.

In conclusion, we note that compliance with the notice period (submission of an application) about the intention to terminate the employment contract ahead of schedule on the basis indicated above is equally mandatory for both the employer and the employee. In case of violation of this period, the employee can be recognized as having passed the test and the subsequent termination of the employment contract is allowed only on a general basis.

Termination of the employment contract

The procedure for terminating an employment contract with certain categories of employees on the grounds provided for by the employment contract, the Labor Code of the Russian Federation, other federal laws or local acts of the enterprise is determined by the relevant articles of the Code. These categories include, in particular:

- employees from among the management team;

- teaching staff.

Thus, Article 278 of the Labor Code of the Russian Federation indicates the following as additional grounds for terminating an employment contract with an employee - the head of an enterprise:

– removal of an employee from the position of the head of the debtor enterprise in accordance with the legislation on insolvency (bankruptcy);

– adoption of a decision on early termination of the employment contract by the authorized body of the legal entity, the owner of the property of the enterprise or the person (body) authorized by the owner;

- other grounds provided for by the employment contract.

The circumstances considered by the employer as additional grounds for early termination of the employment contract with an employee from among the management of the enterprise must be recorded in the relevant documents (acts, protocols, decisions, etc.) and, if necessary, brought to the attention of the employee subject to dismissal, against signature. Based on these documents, the employer makes a decision - usually in the form of an order or other similar document - to terminate the employment contract in respect of this employee.

We also note that the employee - the head of the enterprise, for his part, has the right, on the basis of Article 280 of the Labor Code of the Russian Federation, on his own initiative to terminate the contract with the employer (represented by the owner of the property of the enterprise or his authorized representative) ahead of schedule. To do this, the employee must, no later than one month before the expected date of dismissal, contact the employer with a corresponding written application.

Based on the considered application, the employer issues an order to dismiss the employee with the execution of the above documents. Upon dismissal, the employee must be provided with guarantees and compensations provided for by the Labor Code of the Russian Federation, regulatory legal acts, local acts of the enterprise and the employment contract.

In turn, Article 336 of the Labor Code of the Russian Federation indicates the following as additional grounds for terminating an employment contract with a teacher:

- repeated within one year gross violation by an employee of the charter of an educational institution;

- the use by an employee, including a single one, of methods of education related to physical and (or) mental violence against the personality of a student (pupil);

- the achievement by the employee of the age limit for filling the corresponding position (Article 332 of the Labor Code of the Russian Federation);

- non-election by competition for the position of a scientific and pedagogical worker or the expiration of the term for election by competition (part seven of Article 332 of the Labor Code of the Russian Federation).

The last two grounds require, in our opinion, additional comments.

The fact is that in accordance with the new version of Article 332 of the Labor Code of the Russian Federation in state and municipal higher educational institutions, the positions of rector, as well as vice-rectors and heads of branches (institutes) are subject to replacement by persons under the age of 65, regardless of the time of conclusion of employment contracts. Upon reaching the specified age, persons holding the listed positions are generally subject to transfer to other positions corresponding to their qualifications. However, such a transfer is allowed only with the written consent of a person who has reached the age of 65 years. In the absence of such consent, the employee, as noted above, is subject to dismissal in accordance with paragraph 3 of Article 336.

At the same time, we emphasize that the term of office of the rector for persons who have reached the age of 65 can be extended (until they reach the age of 70) by the founder of a state or municipal higher educational institution upon the proposal of the relevant academic council. The term of office of a vice-rector (head of a branch (institute)) for persons who have reached the age of 65 may also be extended (until they reach the age of 70) by the rector of a state or municipal higher educational institution on the proposal of the relevant academic council.

Further. The conclusion of an employment contract for filling the position of a scientific and pedagogical worker in a higher educational institution (as well as transferring to the position of a scientific and pedagogical worker) must be preceded by the election of the relevant person through a competition for filling the corresponding position.

If an employee holding the position of a scientific and pedagogical worker under an employment contract concluded for an indefinite period, based on the results of the competition provided for in part three of Article 332, was not elected to the position or did not express a desire to participate in the specified competition, then the employment contract with him is subject to termination in in accordance with paragraph 4 of Article 336 of the Labor Code of the Russian Federation. Depending on the situation, the basis for terminating the employment contract is either non-election by competition, or the expiration of the period for election by competition.

Termination of an employment contract with part-time employees

The procedure for terminating an employment contract with part-time employees upon the occurrence of circumstances that provide the employer with additional grounds for terminating an employment contract with such employees is determined by Article 288 of the Labor Code of the Russian Federation. In accordance with this article, as an additional reason for terminating an employment contract concluded for an indefinite period with an employee from among part-time workers, one should consider hiring an employee for whom the latter will be the main one.

The employer must notify the employee in writing of the intention to terminate the employment contract with the part-time worker on this basis at least two weeks before the termination of the employment contract. In the event of such a situation, the employer has the right - but is not obliged - to offer the part-time worker another job available at the enterprise, which he can perform on a combination basis. In the absence of such work, as well as if the employee refuses to change the nature of the work (labor function), the latter is subject to dismissal and in the future continues his labor activity only at the main place of work.

The refusal of the employee must be expressed in writing and considered by the employer. Based on the considered written application, the employer issues an order (instruction) to dismiss the employee with the execution of the above documents.

A part-time worker may, in addition, be asked to perform work previously performed by him part-time as his main job. If the employee agrees, such work may be provided to him on the basis of a new employment contract or an appropriate agreement to amend the terms of the employment contract.

If the employee refuses the offer to perform the same work as the main one, or if the employer is unable to offer the employee such work, the latter is subject to dismissal. Based on the considered written application, the employer issues an order (instruction) to dismiss the employee with the execution of the above documents.

Termination of an employment contract with other categories of employees

The procedure for terminating an employment contract with other categories of employees, if such contracts contain appropriate conditions and the inclusion of such conditions in the contracts does not contradict (is provided for) by the Labor Code of the Russian Federation, is determined by the relevant articles of the Code. These categories include, in particular:

- employees from among employees of employers - individuals;

– employees of religious organizations;

- employees of representative offices of the Russian Federation abroad.

Thus, in accordance with Article 307 of the Labor Code of the Russian Federation, the termination of an employment contract concluded with employees from among employees of employers - individuals, is allowed not only on general grounds, but also on the grounds indicated as such in the content of the employment contract. At the same time, the terms of the notice of dismissal, as well as the cases and amounts of severance pay and other compensation payments paid to employees upon termination of the employment contract, are determined by the employment contract.

Termination of an employment contract on additional grounds provided for by an employment contract concluded with an employee should be carried out on the basis of documents certifying the occurrence of the relevant circumstances. In necessary cases, the fact of the occurrence of such circumstances can be certified with the involvement of third parties by the parties to the labor relations.

A similar procedure is established by Article 347 of the Labor Code of the Russian Federation in relation to employees of religious organizations. Among the grounds included in labor contracts concluded with employees of religious organizations as additional, as a rule, the following are indicated:

- disrespectful attitude to religious shrines;

- violation of the internal regulations of the church;

– violation of the charter of a religious organization;

– negligent attitude to the property of a religious organization;

- failure to comply with specific provisions of the internal regulations of a religious organization;

- the rudeness shown by the worker towards the parishioners.

Termination of an employment contract with employees of representative offices of the Russian Federation abroad in accordance with Article 341 of the Labor Code of the Russian Federation is allowed in the following cases:

- in connection with the expiration of the period established when the employee was sent by the relevant federal executive body (state institution) of the Russian Federation or the conclusion of a fixed-term employment contract with him;

– in the event of an emergency in the host country;

- upon declaring an employee persona non grata or receiving a notification from the competent authorities of the host country about his unacceptability in the host country;

- when the established quota of diplomatic or technical employees of the relevant representation is reduced;

- if the employee does not comply with the customs and laws of the host country, as well as generally accepted norms of behavior and morality;

- if the employee fails to fulfill the obligations assumed at the conclusion of the employment contract to ensure that members of his family comply with the laws of the host country, generally accepted norms of behavior and morality, as well as the rules of residence in force on the territory of the corresponding representative office;

- in case of a single gross violation of labor duties, as well as security requirements, with which the employee was familiarized at the conclusion of the employment contract;

- in case of temporary disability of an employee lasting more than two months or if he has a disease that prevents him from working abroad in accordance with the list of diseases approved in the manner established by the Government of the Russian Federation.

It should be clarified that in the event of termination of work for one of the above grounds (except for the first), the dismissal of employees who are on the staff of the relevant bodies (institutions) is carried out in the manner prescribed by the Labor Code of the Russian Federation and other federal laws. The dismissal of employees who are not on the staff is carried out on the basis provided for in paragraph 2 of part one of Article 77 of the Labor Code of the Russian Federation (expiration of the employment contract).

Termination of the employment contract by agreement between the employee and the employer

The procedure for terminating an employment contract by agreement between the employee and the employer is determined by article 78 of the Labor Code of the Russian Federation. However, from the content of the article, it only follows that the employment contract can be terminated by agreement between the employee and the employer at any time, but the procedure for the actions of the parties to labor relations is not regulated in any way. In order to clarify this issue, let us first turn to the relevant provisions of civil law that establish the general procedure for terminating contracts. As you know, in accordance with Article 452 of the Civil Code of the Russian Federation, termination of the contract can be made by agreement of the parties.

Such an agreement, we emphasize, must be made in the same form as the previously concluded agreement, unless otherwise provided by law, other regulatory legal acts or the agreement itself. Therefore, in order to terminate the employment contract - taking into account the requirements for its form established by the relevant provisions of the Labor Code of the Russian Federation - the employee and the employer must conclude an agreement between themselves on the termination of the employment contract (more precisely, on its early termination).

It is necessary to pay attention to the fact that Article 78 of the Labor Code of the Russian Federation does not make any distinctions regarding the procedure for terminating a fixed-term or open-ended employment contract. At the same time, it should be remembered that a fixed-term employment contract remains valid only for the period fixed in the document (but not more than 5 years). In this case, the employer is obliged to notify the employee in writing of the termination of the employment contract due to the expiration of its validity.

Failure to comply with this requirement may entail the "requalification" of the employment contract into an open-ended one, with all the ensuing consequences. For its part, the employee has the right to terminate the fixed-term employment contract ahead of schedule by notifying the employer in writing no later than 2 weeks before its expiration.

Thus, the parties (on the initiative of one of them) have the right to terminate the fixed-term employment contract at any time before the warning period, which, as we see, can be 3 days or 2 weeks. Let us return, however, to the consideration of a situation involving the termination of an employment contract by agreement of the parties.

This situation is most simply resolved in the case of an open-ended employment contract, since the warning period for its early termination for any of the parties acting as the initiator of its early termination is the same and is 2 weeks. Taking into account the above, the general procedure for the actions of the employee and the employer in case of early termination of an open-ended employment contract by agreement of the parties is as follows:

- one of the parties submits for consideration by the other party a written proposal for early termination of the employment contract by agreement between them (i.e., on the basis provided for in Article 78 of the Labor Code of the Russian Federation);

- the other party does not object to this proposal, about which it informs the initiating party in writing;

- after that, the parties agree on the term and, if necessary, other conditions for early termination of the employment contract and determine the date of conclusion of the relevant agreement;

Note that in the situation under consideration, the timing of the decision by the parties to terminate the indefinite employment contract is not of particular importance. In the event that the proposal of one of the parties for early termination of an indefinite employment contract is rejected by the other party (which is also advisable to do in writing), the employment contract remains in force until the occurrence of circumstances that make it possible to terminate it on other legal grounds. At the same time, an employee who has expressed a desire to terminate an indefinite employment contract ahead of schedule by agreement of the parties can "transform" his intention to quit in accordance with the grounds provided for in Article 80 of the Labor Code of the Russian Federation (voluntary dismissal), warning the employer accordingly, and the latter (in general case) will have to agree with the wishes of the employee.

An employer who has offered an employee to terminate an indefinite employment contract ahead of schedule by agreement of the parties, if the employee refuses the proposal made to him, has no choice but to maintain labor relations with the employee until the circumstances make it possible to terminate them on other legal grounds. In such a situation, the employer - if he is interested in early termination of an indefinite employment contract - sometimes only has to wait until the employee "changes his mind" and agrees with the proposal to terminate the contract by agreement of the parties (or direct all his efforts to creating "unbearable conditions" for this employee "to continue working at the enterprise).

- one of the parties - before the expiration of the warning period for the termination of the employment contract due to its expiration - submits for consideration by the other party a written proposal for early termination of the employment contract by agreement between them (i.e., on the basis provided for in Article 78 of the Labor Code of the Russian Federation );

- the other party does not object to this proposal, about which it informs the initiating party in writing - taking into account the above period;

- after that, the parties - again, taking into account the above period - agree on the term and, if necessary, other conditions for the early termination of the employment contract and determine the date of conclusion of the relevant agreement;

- from the moment the agreement is signed by the employee and the employer (or from the date specified in this agreement), the employment contract is considered prematurely terminated on the basis provided for in Article 78 of the Labor Code of the Russian Federation.

The parties should take into account the relevant information when determining the terms for early termination of a fixed-term employment contract specified in the agreement. In the general case, such an agreement, in our opinion, should include information about the title of the document, its date and place of conclusion, its parties, as well as the standard wording that, by agreement between the employer and the employee, an employment contract previously concluded between them is considered to be terminated ahead of schedule with such and such time, on the grounds provided for in Article 78 of the Labor Code of the Russian Federation. Document details are:

- name of the organization (enterprise, institution) - the author (developer) - of the document;

- name of the type of document (AGREEMENT);

– document date;

- the place of compilation or publication of the document - is indicated if it is difficult to determine the place of compilation (publication) by details;

- heading to the text (... on early termination of the employment contract dated 00.00.0000 No. 00);

- the text of the document;

– a mark about the presence of an application – is indicated if the document has an application (applications);

– signature(s);

- the stamp of document approval - it is indicated if the document is subject to external approval, which, strictly speaking, is extremely unlikely and can only take place in relation to agreements on early termination of employment contracts with certain categories of employees, if such contracts were previously subject to external approval;

– document approval visa – it is indicated if the document is subject to internal approval – for example, with the legal service of the enterprise, the immediate supervisor of the employee, etc.;

- print imprint;

- a mark on the certification of a copy of the document - is indicated only on copies of documents;

- mark about the performer;

– identifier of the electronic copy of the document.

As you can see, the details of the agreement do not include the details - the registration number of the document. In our opinion, there is no need to use this requisite, since the agreement on the early termination of the employment contract is concluded once, and its date is sufficient for the proper identification of the document.

An early termination agreement might look like this:

Enterprise emblem

Company name

AGREEMENT

on early termination of the employment contract

dated 00.00.0000 No. 000

(place of publication)

The Employer (representative of the Employer) in the person of ... (last name, first name, patronymic), acting on the basis of ... (specify) and the Employee in the person of ... (last name, first name, patronymic), guided by Article 78 of the Labor Code of the Russian Federation and the employment contract dated 00.00.0000, have entered into this agreement pursuant to which:

1. The validity of the employment contract dated 00.00.0000 No. 000 terminates from (the date of signing this agreement or another date specified in the agreement).

2. ___________________________________________________________________

___________________________________________________________________________

(hereinafter, other conditions may be indicated that do not contradict the legislation, regulatory legal acts, local acts of the enterprise, the employment contract and agreements previously reached between the parties to the agreement - for example, on the procedure for canceling the agreement before it enters into force, etc.).

3. This agreement is concluded in two copies, having equal force and intended for each of the parties to the agreement.

EMPLOYER: EMPLOYEE:

signature signature

____________________________ ____________________________

signature decryption signature decryption

____________________________ ____________________________

date date

In conclusion, we note that, if necessary, the agreement signed by the parties on the early termination of the employment contract can be canceled if the parties to the employment relationship have concluded a separate written agreement on this account and it - in the general case - entered into force before the entry into force of the agreement on early termination of the employment contract. contracts. As in the previously considered cases, the fact of dismissal of the employee is certified by the relevant order. On the basis of the order to dismiss the employee, the employer draws up other necessary documents.

Termination of a fixed-term employment contract

The procedure for terminating an employment contract due to its expiration is determined by Article 79 of the Labor Code of the Russian Federation. Let us draw the attention of dear readers only to some fundamental points that characterize the procedure for terminating a fixed-term employment contract due to the expiration of its validity and reflecting its specifics.

A prerequisite, the fulfillment of which precedes the termination of a fixed-term employment contract due to its expiration, is a written warning to the employee about the upcoming dismissal. Such a warning must be sent by the employer no later than 3 days before the expiration date of the employment contract.

Let us clarify that the fact of bringing the warning to the attention of the employee must be properly documented. For this purpose, the employee should be familiarized with the contents of the document against signature, and if the employee refuses to sign, draw up an appropriate act about this. Failure to comply with this rule may result in a labor dispute.

The greatest danger in this sense is the so-called. non-standard situations that arise on the eve of the expiration date of a fixed-term employment contract. For example, one of these situations may arise in connection with the intention of the employer to terminate a fixed-term employment contract with a seasonal worker, since the actual performance of the seasonal work provided for by the contract was completed by the employee earlier than the date determined as the end date of the season, in accordance with the List of Seasonal Works, approved by the Government of the Russian Federation. Meanwhile, the basis for establishing the date of termination of a fixed-term employment contract concluded with a seasonal worker is precisely the terms provided for by the relevant lists.

Otherwise, the issue of terminating a fixed-term employment contract concluded with an employee for the performance of a deliberately defined work, the completion of which cannot be determined by a specific date, is resolved. In this case, the basis for terminating the employment contract will be the act of acceptance of the work performed, and the expiration date of the fixed-term employment contract in this case will be the day following the date of issue of the act.

The employer issues an appropriate order on the dismissal of an employee due to the expiration of a fixed-term employment contract. On the basis of the order to dismiss the employee, the employer draws up other necessary documents.

Termination of the employment contract at the initiative of the employee

The procedure for terminating an employment contract at the initiative of an employee is determined by Article 80 of the Labor Code of the Russian Federation. This article gives the employee the right to early termination of the employment contract at his own request, without making this desire dependent on the motives that the employee is guided by in this case - they can, in principle, be any.

Early termination of the employment contract at the initiative of the employee is preceded, as already noted, by a written warning to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by the employee, regardless of whether he is "on duty" or, say, on sick leave.

Accordingly, when applying for a job (for example, after a vacation), the employee must proceed from the fact that, in the general case, the employment contract with him will be terminated on the 15th day after the application is submitted. Upon the expiry of the termination notice period, the employee has the right to stop work.

However, by agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal, i.e. earlier than 14 days later. To do this, the employee must indicate in a written application the desired date of dismissal.

For its part, the employer may satisfy this request of the employee, or may refuse him this. However, the employer is obliged to terminate the employment contract within the period indicated by the employee in the application if:

- filing a written application for early termination of the employment contract at the initiative of the employee due to the impossibility of continuing his work (for example, in connection with enrollment in an educational institution, retirement and other similar reasons);

– it has been established that the employer has violated laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract.

On the other hand, Article 80 of the Labor Code of the Russian Federation gives the employee the right to withdraw a previously submitted written application at any time before the expiration of the notice of dismissal. The occurrence of such a situation, which in practice, by the way, is by no means rare, suggests two options for resolving it:

1. At the time of the employee's withdrawal of a written application for early termination of the employment contract, another employee was not invited in writing to the position (workplace) vacated by him.

In this case, the employer does not have the right to refuse to continue working on the terms of the “almost” terminated labor contract for the “reconsidered” employee. Thus, if after the expiration of the termination notice period, the employment contract has not been terminated and the employee no longer insists on dismissal, continuing to perform the work assigned to him in accordance with the employment contract (labor function), then the employment contract continues.

2. At the time of the employee’s withdrawal of a written application for early termination of the employment contract for the position (workplace) he vacated, the employer invited another employee in writing, who, we emphasize this, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused labor contract. Let's explain this with the following example:

Worker Lukin L.L. submitted a voluntary resignation letter. A few days after that, an employee Novikov N.N. was invited to his position in writing. At the same time, for Lukin L.L. the work performed by him was the main one, and Novikov N.N. invited to work as a partner.

Three days before the end of the warning period, Lukin L.L. filed an application with a request to continue work in the same capacity. In this situation, the employer has the right:

b) to offer Novikov N.N. performance of work as the main one and, if the latter agrees, expressed in the form of a written application, notify Lukin L.L. that an employee was invited in writing to take his place, for whom this work will also be the main one. However, in case of refusal of Novikov N.N. from performing work as the main one, in turn, may be denied this work, since Lukin L.L. is still ready to fulfill it precisely as the main one (as it was stipulated by the employment contract previously concluded with him);

c) in case of consent of Novikov N.N. to perform work previously performed by Lukin L.L. as the main one, the employer may (but is not obliged) to offer Lukin L.L. other work available at the enterprise. If Lukin L.L. agrees, he will be accepted to the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluding a new employment contract with the employee.

On the dismissal of an employee on the grounds provided for in Article 80 of the Labor Code of the Russian Federation, the employer issues an appropriate order. On the basis of the order to dismiss the employee, other necessary documents are drawn up.

Termination of the employment contract at the initiative of the employer

The procedure for terminating an employment contract at the initiative of the employer is determined by Article 81 of the Labor Code of the Russian Federation. The fundamental difference between this article and the one considered earlier is that in all the cases listed below, the early termination of the employment contract is carried out at the initiative of the employer, although the motives for the latter's actions can be very different.

Meanwhile, as practice shows, the grounds for the early termination of most employment contracts are precisely the paragraphs (subparagraphs) of Article 81 of the Labor Code of the Russian Federation.

We emphasize that the dismissal of an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation is not allowed. The main situations related to the dismissal of an employee at the initiative of the employer are discussed below.

Early termination of the employment contract in connection with the liquidation of the enterprise

Early termination of an employment contract in connection with the liquidation of an enterprise (termination of activities by an employer - an individual entrepreneur) (paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation) upon the occurrence of appropriate circumstances is carried out in relation to all employees. This, in principle, distinguishes the named ground from the others provided for in Article 81 of the Labor Code of the Russian Federation.

The liquidation of an enterprise is nothing more than its termination (termination of its activities) as a legal entity without transfer of powers (rights and obligations of the enterprise) in the order of succession to any other persons, undertaken in the manner prescribed by law, by decision of the body authorized for that in accordance with the constituent documents, or by a court decision.

The liquidation of the enterprise is considered completed, and the enterprise ceased to exist from the moment the state registration authority makes the corresponding entry in the unified state register of legal entities.

It must be emphasized that the dismissal of employees on this basis, on the one hand, is carried out regardless of whether these employees are at work or are temporarily absent for good reasons (due to illness, on vacation, etc.), and, on the other hand, , provides for the provision of appropriate guarantees and compensations to the dismissed.

The basis for initiating the procedure for dismissal of employees on the grounds provided for in clause 1 of part one of Article 81 of the Labor Code of the Russian Federation is the decision to liquidate the enterprise, adopted in the manner prescribed by law by authorized bodies (persons). As a rule, such a decision is made either by the founders (participants) of the enterprise (the body of the enterprise with appropriate powers), or by the court.

Employees must be warned by the employer about the upcoming liquidation in strict accordance with the requirements of Article 180 of the Labor Code of the Russian Federation. Such a warning should:

- be personal;

- be brought to the attention of each employee in writing and against signature - no later than 2 months before the expected date of dismissal.

At the same time, with the written consent of the employee, it is allowed to dismiss him before the expiration of the specified period with the simultaneous payment of additional compensation to him in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. However, employees should be aware that they have the right to apply to the employer with relevant statements.

Obviously, the employer should inform employees about this in advance. Here is an example of a written statement from an employee agreeing to an unannounced dismissal on the grounds.

Head

(indicate the name of the position in the Danish case)

closed joint stock company "Name"

AND ABOUT. Surname

from (indicate the name of the position, profession,

specialty in childbirth. case)

AND ABOUT. Surname (employee)

STATEMENT

I agree with the unannounced procedure for dismissal in connection with the upcoming liquidation of the enterprise on the terms provided for in Article 180 of the Labor Code of the Russian Federation. The content of this article was explained to me.

Personal signature

Thus, the employer has the right to dismiss earlier other employees who have declared in writing their consent to the unannounced dismissal procedure. However, it should be borne in mind that before the issuance of the relevant order, an employee who previously agreed with the unannounced dismissal procedure has the right to withdraw his application by notifying the employer in writing.

Employees who have not submitted the relevant written applications should be warned by the employer about the upcoming dismissal in connection with the liquidation of the enterprise. If the employee refuses to paint (from receiving a notification), an act is drawn up about this.

It should be clarified that in relation to certain categories of employees, the notice period for the upcoming dismissal due to the liquidation of the enterprise may be reduced. For example, in accordance with Article 292 of the Labor Code of the Russian Federation, such a warning must be sent to an employee who has entered into an employment contract for a period of up to two months, no later than three days before the expected date of dismissal, and in relation to seasonal workers, this period, in accordance with Article 296 of the Labor Code of the Russian Federation, must be at least seven days. The dismissal of an employee in connection with the liquidation of the enterprise, as in the previously considered cases, is formalized by an order (instruction) to terminate the employment contract, the contents of which are announced to the dismissed person against signature. Based on the order (instruction), other necessary documents are drawn up.

Upon termination of employment contracts in connection with the liquidation of the enterprise, laid-off employees in accordance with Article 178 of the Labor Code of the Russian Federation are paid a severance pay in the amount of their average monthly earnings. In addition, employees retain their average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

At the same time, employees who have concluded an employment contract for a period of up to two months are subject to dismissal without payment of severance pay, unless otherwise provided by the relevant federal laws, a collective agreement or an employment contract concluded earlier with this employee. Seasonal workers are paid this allowance in the amount of two weeks of average earnings.

Upon termination of the activities of a branch, representative office (another separate structural unit) of an enterprise located in another locality, the head organizes the termination of employment contracts with employees of the relevant structural units in accordance with the rules provided for in cases of liquidation of the enterprise. Appropriate orders are also issued on the dismissal of these workers.

Early termination of the employment contract due to a reduction in the number (staff)

Let us turn further to the consideration of the procedure for early termination of an employment contract in connection with a reduction in the number (staff) of employees of an enterprise (individual entrepreneur) (paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation). In this case, the dismissal procedure is initiated by the employer in relation to employees "subject" to the reduction.

The dismissal of an employee to reduce the number implies a decrease in the number of units in the relevant specialty (position, profession), for example, due to a decrease in the volume of work performed and the wage fund. When reducing the number, first the vacant units in this specialty are reduced, and then, if necessary, the occupied "live" workers. In turn, the dismissal of an employee to reduce staff involves the liquidation of his position. It is significant that the total number of employees in this case may not decrease, since new units can be simultaneously introduced into the staffing table.

In general, the right to determine the number and staff is granted to the employer. To this end, from time to time, he may take certain organizational measures aimed at changing (including reducing) the number or staff of employees.

Depending on the reasons and goals, the reduction in the number or staff of the enterprise may be more or less significant. The decision to reduce the number or staff (to carry out relevant measures) comes into force from the moment the head of the enterprise issues an order to put into effect a new staffing table (with the obligatory indication of the date of its entry into force).

It must be emphasized that the dismissal of an employee to reduce the number or staff is considered as properly justified if the enterprise, for one reason or another, really needs to reduce one or another number of units in the corresponding position (specialty, profession). At the same time, as follows from part three of Article 81 of the Labor Code of the Russian Federation, before dismissal on the basis under consideration, the employee must be offered in writing another job available to the employer, which the employee can perform taking into account the state of health and qualifications.

Among the circumstances that make it possible in principle from a legal point of view to dismiss an employee in connection with a reduction in the number or staff of an enterprise, include the following:

1. The absence of the employee's preferential rights to ensure that, in the conditions of reduction, the workplace (position) is retained for him.

2. The employer does not have other positions (jobs) that, in accordance with the law, can be offered to the employee for subsequent transfer (with the latter's written consent to the transfer).

3. The refusal of the employee to give written consent to the transfer to another job offered to him by the employer (taking into account the state of health and qualifications of the employee).

4. Warning the employee about the upcoming dismissal in the manner prescribed by law.

If the employee is a member of the trade union organization of the enterprise, then the decision to dismiss the employee on the grounds provided for in paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation is made by the employer, taking into account the reasoned opinion of the relevant trade union body in accordance with Article 373 of the Labor Code of the Russian Federation. Such an opinion may be brought to the attention of the employer in the form of a properly executed extract from the minutes of the meeting of the trade union committee. This document might look like this:

(Company name

in accordance with the founding documents)

PROTOCOL

00.00.0000 Ensk No. 0

trade union committee meetings

presiding - AND.Oh. Surname.

Secretary - I.O. Surname.

Were present - ... a person (the list is attached).

Agenda:

1. Determination of candidates for dismissal from among the employees of the enterprise - members of the trade union, whose positions (jobs) are subject to reduction in connection with the introduction of the new staffing table.

2. Miscellaneous.

1. On the issue of determining candidates for dismissal from among the employees of the enterprise - members of the trade union, whose positions (jobs) are subject to reduction in connection with the introduction of the new staffing table

Information I.O. Last name about changes in the staffing table and the list of positions (jobs) to be reduced (text attached).

PERFORMED:

1. I.O. Surname - announced the list of employees holding positions (jobs) to be reduced.

2. I.O. Surname - announced the priority rights granted by the Labor Code of the Russian Federation to employees (specify specifically) in connection with a reduction in the number or staff of the enterprise, to remain at work.

3. I.O. Surname - proposed to discuss candidates for dismissal, taking into account the circumstances set out in the previous speech. Those present at the meeting (specify specifically) took part in the personal discussion of the following candidates. As a result of the discussion it was established:

AND ABOUT. Surname (candidate No. 1) - among the employees holding positions to be reduced, has the highest labor productivity indicators in the current year, which is confirmed by the data of the report signed by his immediate supervisor (attached).

AND ABOUT. Surname (candidate No. 2) - has the highest qualification among the employees holding positions to be reduced, which is confirmed by the certification data (certification sheet is attached).

AND ABOUT. Surname (candidate No. 3) - has two dependents in the family (certificate of family composition is attached).

AND ABOUT. Surname (candidate No. 4) - is the only one in the family that has independent earnings (an extract from the employee's personal file is attached).

AND ABOUT. Surname (candidate No. 5) - has an occupational disease acquired during the period of work at the enterprise (certificate of a medical institution, an extract from the medical history is attached).

AND ABOUT. Surname (candidate No. 6) - is a disabled veteran of military operations in the Chechen Republic (a notarized certificate of disability is attached).

AND ABOUT. Surname (candidate No. 7) - improves his qualifications on the job (studies at the evening department of an educational institution of vocational education - specify specifically) in the specialty ... corresponding to the direction of the enterprise (extract from the order of enrollment in an educational institution and a certificate of absence of academic debt attached).

AND ABOUT. Surname (candidate number 8) - ...

RESOLVED:

Grounds: circumstances revealed in relation to the listed employees in the course of the discussion and related to their lack of preferential rights to stay at work.

2. Entrust the preparation of the list to the secretary of the meeting I.O. Surname.

3. Bring the completed list to the attention of the head of the enterprise by 00.00.0000.

4. Preliminarily inform the employees included in the list about the results of the meeting.

2. On the issue of ... (in accordance with paragraph 2 of the agenda of the meeting)

presiding Personal signature AND.Oh. Surname

Secretary Personal signature I.O. Surname

When deciding on the dismissal of an employee, the employer must, in addition, be guided by Article 179 of the Labor Code of the Russian Federation, which establishes preferential rights for certain categories of employees to leave them at work with a reduction in the number or staff.

As follows from this article, when reducing the number or staff, the priority right to remain at work is granted to "employees with higher labor productivity and qualifications." With documented equal indicators of labor productivity and equal qualifications of employees considered as candidates for dismissal due to a reduction in the number or staff, the priority right to continue working is enjoyed by:

- family workers - if their families have two or more disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood;

– family workers who do not have other self-employed workers in their families;

- employees who received an industrial injury (occupational disease) during the period of work with this employer;

- workers - invalids of the Great Patriotic War (combat operations to defend the Fatherland);

- employees who improve their skills in the direction determined by the employer, without interruption from work;

- employees who are spouses of military personnel (in state organizations, military units);

- employees from among citizens previously dismissed from military service, as well as members of their families at work, where they entered for the first time after dismissal from military service;

- employees - single mothers of military personnel who are conscripted for military service;

- employees from among the persons who received or suffered radiation sickness and other diseases associated with radiation exposure (exposed to radiation exposure).

The collective agreement (agreement) may also determine other categories of workers who, in the event of a reduction in the number or staff, have the preferential right to remain at work with equal indicators of labor productivity and equal qualifications. The employer's next steps are:

1. Determination (taking into account the above) of employees to be transferred to vacant positions (with their consent and if there are vacancies at the enterprise corresponding to their state of health and skill level).

2. Bringing to the attention of the specified employees the lists of vacant positions (in person, in writing, against signature and taking into account the date of the alleged dismissal of an employee in case of disagreement with the transfer).

3. Consideration of written statements of employees on consent (disagreement) with the transfer to other positions.

4. Issuance of orders (instructions) on the transfer of employees who have expressed their consent to this, to other positions, as well as orders (instructions) on the dismissal of those employees who, for one reason or another, cannot be transferred to other positions that are not subject to reduction.

In accordance with Article 178 of the Labor Code of the Russian Federation, in case of early termination of an employment contract due to a reduction in the number (staff) of an enterprise, the dismissed are paid a severance pay in the amount of the average monthly earnings. For the period of employment, they retain their average earnings, but not more than two months from the date of dismissal (including severance pay) (see also the note at the end of the previous paragraph).

Early termination of the employment contract due to the inconsistency of the employee with the position held (work performed)

Let's move on to considering the procedure for early termination of an employment contract due to the inconsistency of the employee with the position held (work performed) due to insufficient qualifications, confirmed by the results of certification (paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation).

Having received duly executed documents confirming the fact that the employee’s skill level does not correspond to the work assigned to him in accordance with the concluded employment contract, the employer must offer the employee another job that he has, which the latter can perform taking into account the state of health and qualifications.

The documents used as justification should clearly indicate the discrepancy between the level of qualification of the employee for the work performed by him. The absence of proper wording in the documents does not give the employer the right to dismiss the employee on the grounds under consideration.

In the absence of such work, as well as in the absence of the written consent of the employee to the transfer, the latter is subject to dismissal on the grounds provided for in clause 3 of part one of Article 81 of the Labor Code of the Russian Federation. The decision to dismiss on the specified grounds of employees - members of a trade union organization must be made by the employer after considering the reasoned opinion of the relevant trade union body, as provided for in Article 373 of the Labor Code of the Russian Federation. For this purpose, the employer sends to the relevant trade union body a draft order (instruction) on the dismissal of the employee, as well as copies of the documents that are the basis for making this decision. For its part, the trade union body is obliged to consider this issue by informing the employer in writing of its reasoned opinion within seven working days from the date of receipt of the draft order and copies of documents.

In case of disagreement of the trade union body with the proposed decision of the employer, additional consultations may be held between them within three working days, the results of which must be recorded in the minutes. The right to make the final decision after the expiration of the above terms belongs to the employer.

The decision to dismiss on the grounds under consideration can be appealed by the employee (his authorized representative) to the relevant state labor inspectorate (GIT). The GIT, within ten days from the date of receipt of the complaint (application), must consider the legality of the dismissal and, if it is recognized as illegal, sends the employer a binding order to reinstate the employee at work with payment for forced absenteeism. Simultaneously with consideration in the GIT, the issue of the legality of dismissal can be appealed by the employee (his authorized representative) and in court. In turn, the employer has the right to appeal to the court the order of the GIT in compliance with the procedure established in this regard.

If the trade union agrees with the decision of the employer, as well as in cases where such consent is not required, the order (instruction) on dismissal is issued by the employer after receiving from the employee in writing a refusal to transfer. Documents confirming the absence of vacancies in the enterprise to which the employee could be transferred can serve as another reason. On the basis of the order (instruction) on dismissal, other necessary documents are drawn up.

Early termination of the employment contract in connection with the change of the owner of the property of the enterprise

Early termination of the employment contract in connection with the change of the owner of the property of the enterprise is provided for by paragraph 4 of the first part of Article 81 of the Labor Code of the Russian Federation. It should be emphasized that dismissal on this basis (at the initiative of the employer) is allowed only in relation to employees from among the managers, deputy heads and chief accountant of the enterprise.

Earlier, we mentioned Article 75 of the Labor Code of the Russian Federation, according to which, when the owner of the property of an enterprise changes, the new owner has the right to terminate the employment contract with the head of the enterprise, his deputies and the chief accountant no later than three months from the date he acquires the right to own property. At the same time, the change of the owner of the property of the enterprise does not give the new owner the right to terminate employment contracts in relation to other categories of employees of the enterprise.

Thus, if the new owner deems it necessary to terminate the employment contracts concluded earlier with the head of the enterprise, his deputies and the chief accountant, then he should do this in compliance with the following requirements:

1. An employee subject to dismissal on the grounds provided for in paragraph 4 of the first part of Article 81 of the Labor Code of the Russian Federation must be warned about the upcoming early termination of the employment contract no later than two weeks before the expected date of dismissal.

2. The notice of dismissal must be made in writing, be personal in nature and brought to the attention of the employee against signature.

3. The warning must be sent to the employee, taking into account the maximum length of time allotted to the new owner of the enterprise for deciding whether or not to dismiss the previously hired workers of the categories mentioned above.

4. The decision on the early termination of the employment contract shall enter into force regardless of whether or not the employee to be dismissed agrees with this decision of the new owner of the enterprise.

5. Upon dismissal, an employee (former head of an enterprise, deputy head, chief accountant) is paid monetary compensation in the amount of at least three monthly average earnings (Article 181 of the Labor Code of the Russian Federation). At the same time, no sums of money should be withheld for unworked vacation days by the dismissed person (Article 137 of the Labor Code of the Russian Federation).

The new owner may (but is not obliged to) offer employees who are subject to dismissal on the basis in question, another job available at the enterprise. It is up to the employee to decide whether or not to agree with this proposal, guided by personal motives. The employer (in this case, the new owner of the enterprise) issues an appropriate order (instruction) on the dismissal of an employee. On the basis of the order (instruction) on dismissal, other necessary documents are drawn up.

In conclusion, we note that the employee, on his own initiative, can apply to the new owner of the property with a request for early termination of the employment contract. In this case, with the consent of the employer, the employment contract with the employee is also subject to early termination on the grounds provided for in paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation.

The same right can be exercised by other employees of the enterprise, and not only those listed in paragraph 4 of the first part of Article 81 of the Labor Code of the Russian Federation. However, we emphasize again that the latter situation is fundamentally different from that described in the framework of this paragraph, since the initiative for early termination of the employment contract on the grounds provided for in clause 6 of part one of Article 77 of the Labor Code of the Russian Federation belongs to the employee, not the employer.

Early termination of the employment contract due to repeated non-fulfillment by the employee without good reason of labor duties

Now let's dwell on the early termination of the employment contract due to the employee's repeated failure to fulfill his labor duties without good reason (clause 5 of the first part of Article 81 of the Labor Code of the Russian Federation), which is allowed only if this employee has a disciplinary sanction. In practice, the above means that an employee who is first noticed in non-fulfillment of labor duties without valid reasons cannot be immediately dismissed by the employer, except in cases where such non-fulfillment is associated with a gross violation by this employee of his labor duties.

Relevant circumstances that are significant for ensuring the legality of early termination of an employment contract on the grounds provided for in paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation must be documented. Relevant documents may include:

- a duly executed act on a previous case of non-fulfillment of labor duties by an employee without good reason (preferably with a note that the employee has familiarized himself with the contents of this document);

- duly executed order (instruction) on disciplinary punishment of the employee with a note on familiarization of the employee with its content;

- documents confirming that labor duties were not fulfilled by this employee in the absence of good reasons;

- other documents directly related to the circumstances under consideration (confirming that these circumstances took place).

In accordance with Article 192 of the Labor Code of the Russian Federation, the dismissal of an employee on the prescribed grounds, in turn, is also a disciplinary sanction. The general procedure for applying disciplinary sanctions is determined by Article 193 of the Labor Code of the Russian Federation.

When dismissing an employee - a member of a trade union organization of an enterprise - on the grounds provided for in paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation, the employer must take into account the reasoned opinion of the relevant trade union body. On the dismissal of an employee, the employer (in this case, the new owner of the enterprise) issues an appropriate order (instruction), on the basis of which other necessary documents are drawn up.

Early termination of the employment contract in connection with a single gross violation of labor duties by the employee

It seems appropriate to devote the next paragraph of the handbook to considering the procedure for early termination of an employment contract in connection with a single gross violation of labor duties by an employee (paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation). This paragraph provides for several grounds for the dismissal of an employee guilty of a gross violation of labor duties, namely:

- absenteeism - i.e. the absence of an employee from the workplace without good reason during the entire working day (shift), regardless of its (its) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph "a "point 6);

- the appearance of an employee at work (at his workplace or on the territory of an organization - an employer or an object where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic (drug or other toxic) intoxication (subparagraph "b" of paragraph 6);

- disclosure by an employee of secrets protected by law (including state, commercial, official and other), which became known to him in connection with the performance of labor duties, including disclosure of personal data of another employee (subparagraph "c" of paragraph 6);

- the commission by an employee at the place of work of theft (including small) of someone else's property, its embezzlement or deliberate destruction (damage), established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses (subparagraph " d" paragraph 6);

- a violation by the employee of labor protection requirements established by the commission (authorized) for labor protection - if the violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of their occurrence (subparagraph "e" of paragraph 6).

The employer has the right to initiate the procedure for early termination of the employment contract in relation to one or another employee on the basis of documents proving the latter's guilt in committing actions (occurrence of circumstances) and, thus, making it possible to dismiss the guilty person on the grounds provided for in clause 6 of part one of Article 81 of the Labor Code of the Russian Federation. Such documents may include, for example, the following:

- an act confirming the absence of an employee from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day;

- a medical report on the results of the examination of an employee who appeared at work in a state of alcoholic (narcotic or other toxic) intoxication;

- conclusions based on the results of the investigation (if necessary - with the application of the materials of the investigation) of the fact that the employee disclosed secrets protected by law (including state, commercial, official and other), which became known to him in connection with the performance of labor duties;

- a court verdict (decree of the body authorized to apply administrative penalties), which has entered into legal force and confirms the fact that the employee at the place of work has committed theft (including small) property of others, its embezzlement or deliberate destruction (damage);

- conclusions based on the results of the investigation (in necessary cases - with the application of the materials of the investigation) of the fact of violation by the employee of labor protection requirements, which entailed serious consequences or knowingly created a real threat of such consequences.

All of the above documents must be properly completed. It is necessary to pay attention to the fact that dismissal on the grounds provided for in paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation is a disciplinary sanction and, therefore, when implementing the procedure for early termination of an employment contract, the employer is obliged to adhere to the procedure for applying a disciplinary sanction, defined by Article 193 of the Labor Code of the Russian Federation.

Let us dwell on the specifics of the dismissal of employees on the grounds provided for by the relevant subparagraphs of the article under consideration.

So, despite the fact that subparagraph "a" of paragraph 6 clearly defines what should be considered absenteeism, when making a final decision to dismiss an employee on an appropriate basis, the employer should first pay attention to some other circumstances. For example, a suspension of work due to a delay in the payment of wages to him for more than 15 days cannot be qualified as absenteeism, provided that the employee informed the employer in writing in advance of his intention (see in this regard Article 142 of the Labor Code of the Russian Federation). The employee has the right to refuse to perform work (labor function) that is not stipulated by the employment contract concluded with him and, therefore, may, in this regard, be absent from the workplace on legal grounds (see in this regard, Article 60 of the Labor Code of the Russian Federation).

On the other hand, the employer has the right to consider as absenteeism the employee leaving work (and, accordingly, the workplace), undertaken by the latter without a written warning from the employer of the intention to terminate the employment contract on his own initiative at least two weeks in advance.

The fact that an employee appeared at work in a state of alcoholic (drug or other toxic) intoxication (subparagraph "b" of paragraph 6) can be confirmed not only by a medical report, but also by a properly executed act. The employer is obliged to remove this employee from performing work (Article 76 of the Labor Code of the Russian Federation), i.e. do not allow him to the workplace as soon as it becomes obvious, for example, by some specific external signs, that the latter has consumed alcohol (drugs, etc.).

In the event that the employee was not suspended from work, the responsibility for the possible consequences of the performance of work duties by him in a state of intoxication lies with the employer. In the future, the employee may be allowed to perform work as soon as the circumstances preventing this disappear. However, this does not deprive the employer of the right to dismiss the employee for gross violation of labor discipline. If, despite the testimony given in relation to the employee by other persons, the subsequent medical report does not confirm the fact of his intoxication, then the employer has no right to continue to refuse the employee admission to the workplace to perform the work entrusted to him in accordance with the employment contract (labor function). ).

The dismissal of an employee in connection with the disclosure of a secret protected by law (subparagraph "c" of paragraph 6) is allowed if the following circumstances occur:

1. An employment contract (either a corresponding agreement to it, or an additional contract in relation to the employment contract - for example, provided for by the Instruction on the procedure for admitting officials and citizens of the Russian Federation to state secrets, approved by Decree of the Government of the Russian Federation of October 28, 1995 No. 1050) contains a condition on inadmissibility of disclosure by the employee of information constituting a secret protected by law.

2. The relevant information was indeed entrusted to the employee in order to properly perform the work (labor function) entrusted to him, while the employee was aware that the specified information constitutes a legally protected secret.

3. The fact that an employee disclosed relevant information - for example, personal data of another employee - is documented.

From a legal point of view, the most indisputable is the early termination of an employment contract with an employee found guilty of stealing (including small) other people's property at the place of work, its embezzlement or deliberate destruction (damage). This act must be established by a court verdict that has entered into legal force or by a decision of a judge, body or official authorized to apply administrative penalties (subparagraph "d" of paragraph 6). In this case, the employer is guided by documents issued in the prescribed manner by authorized bodies.

In this case, the Labor Code makes no distinction as to whether the stolen (damaged, destroyed or wasted) property belonged to the employer or another person (for example, another employee of the enterprise). The main thing is that the relevant action be committed by the guilty person at the place of work (which, of course, should be understood not as a workplace, but as an enterprise where the employee works).

It is also necessary to pay attention to the legal subtlety regarding the choice of grounds for dismissal of an employee. A person guilty of committing unlawful acts in relation to other people's property at the place of work may be dismissed under subparagraph "d" of paragraph 6 only if the court verdict indicates that the employee has been sentenced to a punishment that does not exclude the possibility of the employee performing his labor duties. This circumstance must be taken into account when issuing a dismissal order and making appropriate entries in the work book.

And, finally, on the early termination of the employment contract on the grounds provided for in subparagraph "e" of paragraph 6. Dismissal on the specified basis of an employee who violated labor protection requirements, which had serious consequences or knowingly created a threat of such consequences, is allowed if:

1. The employee, in accordance with the established procedure, was familiarized with the requirements for labor protection (see in this regard Article 225 of the Labor Code of the Russian Federation).

2. The employer has provided the employee with labor safety and conditions that meet the requirements of labor protection and hygiene.

3. Violation by the employee of these requirements really entailed grave consequences or created a real threat to their occurrence.

4. The circumstances listed above are documented - by a properly executed act on an accident at work, an expert opinion issued by an authorized body, a decision of a state inspector for labor protection, etc.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of an employment contract in connection with the commission of guilty actions by an employee directly serving monetary or commodity values

In accordance with clause 7 of part one of Article 81 of the Labor Code of the Russian Federation, the employer has the right, on his own initiative, to terminate the employment contract ahead of schedule in connection with the commission of guilty actions by an employee directly servicing monetary or commodity values ​​- for example, a bank employee, cashier, storekeeper, freight forwarder, etc. . In general, the dismissal of an employee on the specified grounds is allowed provided that:

- the employee, in accordance with the employment contract concluded with him, was entrusted with the performance of work (labor function), which provides for the direct maintenance of monetary (commodity) values, and he actually performed the relevant work, which is documented;

- the fact of committing guilty acts by the employee is appropriately recorded in the documents;

- the commission of guilty acts gives the employer grounds for the loss of confidence in this employee.

Documents appearing as evidence of the employee's guilt must be properly executed. At the same time, it is necessary to pay attention to the fact that the list of circumstances, the occurrence of which can, in principle, be considered by the employer as giving grounds for the loss of confidence in relation to an employee (taking into account the above), is actually more extensive than it can be. seem respected readers at first glance. Thus, the law enforcement practice of recent years indicates that as such circumstances, employers may take into account:

- circumstances that in themselves indicate the illegal nature of the employee's actions, namely: receipt of payment for goods (services) sold without relevant documents, underfilling, measurement, underweight, shortfall, violation of the rules for the sale of alcoholic beverages and cigarettes, violation of the rules for issuing narcotic drugs etc.;

- circumstances indicating the employee’s negligent attitude to his labor duties, which, in turn, gives the employee grounds for loss of confidence, including: receiving and issuing money without proper registration, keeping keys to premises with material (monetary) values ​​in inappropriate place, uncontrolled storage of valuables, maintenance of premises and equipment intended for storing valuables in an improper condition, making it possible to steal (loss) them, etc.;

- circumstances indicating the use by the employee of the property entrusted to him for direct maintenance of property for personal purposes.

Please note that the law does not distinguish between whether the guilty actions were committed once or repeatedly (twice or more times), what is the amount of damage caused by the actions, etc. The basis for early termination of an employment contract lies in the very fact that an employee committed guilty acts and its corresponding (documentary) confirmation. It is also immaterial whether an agreement on full liability was previously concluded with the guilty employee or not. Finally, it does not matter whether the work involving the direct maintenance of material (monetary) values ​​by the guilty worker was the main one, or whether the latter performed it part-time.

On the other hand, the dismissal of certain categories of workers on the grounds provided for in paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation cannot be implemented due to the fact that they cannot be entrusted (entrusted) with the performance of the relevant types of work.

To make a decision on the dismissal of the guilty employee due to the loss of trust in the employer, as a rule, the documents listed above are sufficient, i.e. such a decision can also be made in the absence of a court verdict that has entered into legal force, as provided for by subparagraph "d" of paragraph 6. However, in the event that the fact that the employee committed guilty acts (theft, bribery, other mercenary offenses) is established in the manner prescribed by law , the perpetrator may be dismissed due to loss of confidence and if the commission of such actions is not related to the performance of work on the maintenance of material (monetary) values.

If the guilty actions that give rise to the loss of confidence were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, then dismissal on the grounds provided for in clause 7 of part one of Article 81 of the Labor Code of the Russian Federation is allowed within one year, calculated from the date when the employer became aware of the employee's misconduct (see part five of article 81 of the Labor Code of the Russian Federation).

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract in connection with the commission of an immoral offense by the employee

Early termination of an employment contract in connection with the commission by an employee performing educational functions of an immoral offense (clause 8 of the first part of Article 81 of the Labor Code of the Russian Federation) is carried out if such an act is incompatible with the continuation of this work. It is noteworthy that this provision of the Labor Code does not specify under what circumstances - related or not related to the performance of the assigned work (labor function) - a misconduct was committed by one or another employee.

At the same time, on the indicated grounds, an employee of an educational institution (institution) who, in accordance with an employment contract, is entrusted with work (labor function) that is not related to the education of wards, may not be dismissed. Accordingly, early termination of employment contracts with employees from the administration of institutions (institutions), as well as with technical (servicing) personnel in connection with the commission of immoral misconduct by them is not allowed.

The fact that an employee has committed an immoral offense must be documented, for example, by the materials of an official investigation. Conclusions based on the results of the investigation (other similar documents) must convincingly indicate the incompatibility of the commission of an immoral act by the employee with the continuation of his previous work.

This takes into account the circumstances of the commission of an immoral offense, the degree of its severity, as well as whether such offenses were previously committed by this employee. As a rule, when an employer makes a decision to dismiss, it also takes into account from which side the employee has proven himself in the eyes of colleagues and wards.

If an immoral offense was committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, then dismissal on the grounds provided for in paragraph 8 of part one of Article 81 of the Labor Code of the Russian Federation is allowed within one year, calculated from the date when the employer became aware of the employee's misconduct (see part five of article 81 of the Labor Code of the Russian Federation).

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract in connection with the adoption by the employee of an unreasonable decision that entailed damage to the property of the enterprise

An unjustified decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the enterprise may be taken by the head of the enterprise (branch, representative office), his deputies and the chief accountant. In this case, early termination of the employment contract with them is possible on the grounds provided for in paragraph 9 of the first part of Article 81 of the Labor Code of the Russian Federation. As the name implies, dismissal on this basis applies only to strictly defined categories of employees of the enterprise. To ensure the legality of dismissal on this basis, the following is essential:

1. The employee, in accordance with the employment contract, is empowered to make decisions regarding the disposal of the property of the enterprise (establishing the procedure for disposing of this property) and actually made such decisions in the course of daily activities.

2. The decision taken by the employee and considered by the employer as a circumstance that makes it possible to dismiss the employee on the grounds provided for in paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation must be qualified as unreasonable.

3. The result of the employee's unjustified decision was a violation of the safety of the property of the enterprise, its illegal use or other damage caused to the property of the enterprise.

4. The circumstances listed above are documented.

We add that between the decision made by the employee, the nature of this decision, as well as its consequences for the enterprise (its property interests), a causal relationship should be clearly visible. In other words, the employee must be responsible for the decision made by him personally.

As law enforcement practice shows, it is most difficult to establish such a connection in relation to decisions that are not recorded in any management documents, i.e. announced orally. In such cases, the circumstances of the decision and its implementation require particularly careful study.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract in connection with a single gross violation by the employee - the head of the enterprise of his labor duties

Let's move on to considering the procedure for early termination of an employment contract in connection with a single gross violation by an employee - the head of an enterprise (branch, representative office) (his deputy) of his labor duties (paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation). The application of this ground for dismissal is even more "selective" in nature, since it does not apply to employees holding the position of chief accountant.

The content of the paragraph under consideration does not define what exactly should be considered as a gross violation. Consequently, it seems possible to qualify a violation committed by an employee as gross for the employer either on the basis of an appropriate list - for example, included in the content of an employment contract concluded with an employee, or guided by current law enforcement practice.

Among the gross violations committed by employees - heads of enterprises (branches, representative offices) and their deputies, it is currently customary to include:

– violation of labor protection rules;

- violation of the rules for accounting for values, excess of official authority;

- use of official powers for personal (mercenary) purposes, etc.

Dismissal on the grounds provided for in paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation will be legal if:

1. An employment contract concluded with an employee contains a condition on the obligation of the latter to perform certain actions in accordance with the powers granted (or, on the contrary, a condition requiring the employee to refrain from performing certain actions).

2. The commission by the employee of the relevant violation actually took place and this fact is documented in the proper form.

Dismissal on this basis will also be legal if the employment contract concluded with the employee specifically states that the commission of such and such actions (refraining from committing them) qualifies as a gross violation and entails the dismissal of the violator on the grounds provided for in paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation. At the same time, the inclusion in the employment contract of the relevant condition should not contradict other provisions of the Labor Code, which provide for the possibility of early termination of the employment contract with the employee - the head of the enterprise (branch, representative office) (his deputy) on other grounds.

It is necessary to pay attention to the fact that the basis we are considering gives the employer the right, on its own initiative, to terminate the employment contract ahead of schedule with an employee who has committed a gross violation once. Depending on the circumstances characterizing the violation, the employer himself decides whether to dismiss the violator or wait until another suitable opportunity presents itself for this.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract in connection with the submission by the employee to the employer of false documents at the conclusion of the employment contract

The grounds for dismissal for this reason are provided for in paragraph 11 of the first part of Article 81 of the Labor Code of the Russian Federation. It should immediately be clarified that the requirements for the composition of documents submitted by an employee when concluding an employment contract are defined by Article 65 of the Labor Code of the Russian Federation and, therefore, an employer’s attempt to accuse an employee of submitting false documents, which the employer had no right to insist on, from a legal point of view, will look untenable.

The employer has the right to terminate the employment contract ahead of schedule if the employee has submitted a false (relatively speaking, someone else's or fake) work book or a fake passport. This fact must be appropriately documented (for example, an act on the verification of a document in doubt).

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract

on the grounds provided for by the employment contract with the employee - the head of the enterprise

An employment contract may provide additional grounds for the dismissal of an employee - the head (members of the collegial executive body) of the enterprise (paragraph 13 of part one of Article 81 of the Labor Code of the Russian Federation).

The peculiarity of this paragraph lies, firstly, in the fact that it can only be used to dismiss employees from among the managers (members of the collegial executive body) of the enterprise and, secondly, only on the grounds provided for by employment contracts concluded with these employees in addition to the general grounds for dismissal.

Additional grounds for dismissal are established at the conclusion of an employment contract by agreement between the employee - manager (member of the collegial executive body) and the employer. At the same time, it is recommended to be guided by the content of exemplary (standard) employment contracts with the relevant categories of workers.

An exemplary employment contract with the head of the Federal State Unitary Enterprise provides for a number of additional grounds for dismissal. Here they are:

1. Non-fulfillment through the fault of the head of the indicators of the economic efficiency of the enterprise's activities approved in the prescribed manner.

2. Failure to ensure the conduct of audits of the enterprise in the prescribed manner.

3. Failure to comply with the decisions of the Government of the Russian Federation, federal executive bodies.

4. Making transactions with property under the economic jurisdiction of the enterprise, in violation of the requirements of the law and the special legal capacity of the enterprise determined by the charter of the enterprise.

5. The presence of more than three months of wage arrears at the enterprise due to the fault of the head.

6. Violation through the fault of the head of the requirements for labor protection, established in the manner prescribed by the legislation of the Russian Federation, which led to the adoption by the head of the state labor inspectorate and the state labor inspector of a decision to suspend the activities of an enterprise or its structural subdivision or a court decision to liquidate an enterprise or terminate the activities of its structural divisions.

7. Failure to ensure the use of the property of the enterprise, including real estate, for its intended purpose in accordance with the types of activities of the enterprise established by the Charter of the enterprise, as well as failure to use budgetary and extra-budgetary funds allocated to the enterprise for the intended purpose for more than three months.

8. Disclosure by the head of information constituting an official or commercial secret, which became known to him in connection with the performance of his official duties.

9. Violation of the requirements of the legislation of the Russian Federation, as well as the Charter of the enterprise in terms of reporting information about the presence of interest in transactions, including in the circle of affiliated persons.

10. Violation of the prohibition established by the legislation of the Russian Federation to engage in certain types of activities.

At the same time, it should be remembered that in accordance with Article 57 of the Labor Code of the Russian Federation, the employment contract should not include conditions (including those determining the procedure for its termination) that worsen the position of the employee compared to those provided for by the Labor Code, laws and other regulations.

The occurrence of circumstances that make the early termination of the employment contract with the employee - the head (member of the collegial executive body) of the enterprise legal, must be documented. At the same time, the forms and methods of their documentary confirmation may be different.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of the employment contract in connection with the transfer of the employee to work for another employer or to elective work (position)

The procedure for terminating an employment contract in connection with the transfer of an employee to work with another employer or for an elective job (position) is not specifically defined by the Labor Code, although the appropriate basis for dismissal of an employee is provided for in clause 5 of part one of Article 77 of the Labor Code of the Russian Federation. In this case, the employer, apparently, should adhere to the general procedure for terminating the employment contract and the above recommendations, especially since the mentioned paragraph clearly defines the circumstances the occurrence of which makes it possible to dismiss the employee on the grounds under consideration.

Earlier, we have repeatedly drawn the attention of dear readers to the need to document the circumstances, the occurrence of which makes it possible to qualify the dismissal of an employee as legal. In the case under consideration, the issuance of an order (instruction) on dismissal is allowed on the basis of:

- a written application of the employee, positively considered by the employer, containing a request to transfer the latter to work with another employer or the employee's consent to such a transfer;

- a written application of the employee, positively considered by the employer, containing a request for the latter to transfer to elective work or the employee's consent to such a transfer.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

In accordance with Part 1 of Article 375 of the Labor Code of the Russian Federation, an employee released from work in connection with his election to an elective position in the trade union body of this organization, after the expiration of his term of office, must be provided with the previous job (position). If it is impossible to provide one, it is necessary, with the consent of the employee, to provide another equivalent job (position) at the same enterprise. However, if the employee refuses the proposed job (position), the employment contract with him is terminated on the grounds provided for in paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation.

When an employee transfers to another enterprise at the written suggestion of a new employer, the latter is not entitled to refuse employment within a month from the date of dismissal from the previous place of work, unless another, including a longer period, has been established by agreement between the employee and the employer . The corresponding guarantee is provided for in Article 64 of the Labor Code of the Russian Federation.

Termination of an employment contract due to a change in ownership, in connection with a change in the jurisdiction of the enterprise or in connection with its reorganization

The procedure for terminating an employment contract in connection with the employee's refusal to continue working due to a change in ownership, in connection with a change in the jurisdiction of the enterprise or in connection with its reorganization is determined by Article 75 of the Labor Code of the Russian Federation. It should be emphasized that in this case the right and initiative to terminate the employment contract ahead of time belongs to employees of the following categories:

- The head of the company;

- Deputy head of the enterprise;

- chief accountant of the company.

Such a right - more precisely, the right to refuse to continue work - is granted to the specified categories of employees if, after the conclusion of employment contracts with them, there is a change of ownership, a change in the jurisdiction of the enterprise or its reorganization. Dismissal for the indicated reasons should not be considered as a "special case" of dismissal of an employee of his own free will (see in this regard, article 80 of the Labor Code of the Russian Federation), since the article we are considering specifically lists the circumstances that make it lawful to dismiss an employee - even if his initiative.

The employee must notify the new employer about the refusal to continue work in connection with the change of the owner of the enterprise in compliance with the requirements established in relation to the procedure for such a warning. If the employee refuses to continue working due to a change in the owner of the property of the enterprise, the employment contract is terminated on the grounds provided for in paragraph 6 of the first part of Article 77 of the Labor Code of the Russian Federation.

The employee must also notify the new employer of the refusal to continue work in connection with a change in the jurisdiction (subordination) of the enterprise, as well as in the event of its reorganization (merger, acquisition, division, separation, transformation), in compliance with the requirements established for the procedure for such a warning. If the employee refuses to continue working due to a change in the jurisdiction of the enterprise or its reorganization, the employment contract is terminated on the basis indicated above.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of the employment contract due to changes in the terms of the employment contract

The procedure for terminating an employment contract in connection with the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties is determined by Article 74 of the Labor Code of the Russian Federation, on the content of which we dwelled earlier. In this regard, we will briefly dwell on issues directly related to the dismissal of an employee on the grounds provided for in paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation due to the occurrence of the circumstances considered within the framework of this paragraph.

The essence of these circumstances lies in a motivated change in the terms of the employment contract determined by the parties at the initiative of the employer in connection with a change in organizational or technological working conditions. An employee who has been warned in accordance with the established procedure about an upcoming change in the terms of an employment contract due to a change in organizational or technological working conditions and who has declared his refusal to continue working in the new conditions is subject to dismissal.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of the employment contract in connection with the refusal of the employee to transfer to another job for health reasons

The procedure for terminating an employment contract in connection with the employee's refusal to transfer to another job due to health conditions is determined by Article 73 of the Labor Code of the Russian Federation, which we also discussed earlier. Therefore, we will again touch only on issues directly related to the dismissal of an employee on the grounds provided for in clause 8 of part one of Article 77 of the Labor Code of the Russian Federation due to the occurrence of circumstances determined by parts three and four of Article 73 of the Labor Code of the Russian Federation.

The essence of these circumstances lies in the obligation of the employer to transfer the employee to work that is not contraindicated for him for health reasons, if, in accordance with a medical report, the latter needs to be provided with such work. An employee who has been warned in accordance with the established procedure about the need to transfer to another job and who has declared his refusal to do so is subject to dismissal.

The decision of the employer to dismiss the employee in connection with the refusal to transfer to another job that is not contraindicated to him for health reasons will be legal even if he does not have the corresponding job in the given area (provided that he is not obliged to offer the employee the appropriate job in other locality).

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of the employment contract in connection with the refusal of the employee to transfer to another job when the employer moves to another area

The procedure for terminating an employment contract in connection with the employee's refusal to transfer to another job due to the employer's relocation to another locality is determined by part one of Article 72.1 of the Labor Code of the Russian Federation, and the corresponding grounds for dismissal are provided for by paragraph 9 of part one of Article 77 of the Labor Code of the Russian Federation. Let us clarify that another locality in this case should be understood as an area outside the administrative-territorial boundaries of the settlement indicated in the registration documents of the employer as the permanent location of the latter.

The fact of moving the employer to another locality must be documented, and the refusal to transfer to another permanent job due to the employer moving to another locality must be expressed by the employee in writing. Failure to comply with these conditions - in the event of the dismissal of an employee on the grounds provided for in clause 9 of part one of Article 77 of the Labor Code of the Russian Federation - may subsequently cause a labor dispute in connection with the unclear legality of the employer's decision to terminate the employment contract.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of an employment contract due to circumstances beyond the control of the parties

The procedure for terminating an employment contract due to circumstances beyond the control of the parties is determined by part one of Article 83 of the Labor Code of the Russian Federation, and the corresponding basis for dismissal is determined by paragraph 10 of part one of Article 77 of the Labor Code of the Russian Federation. Here they are:

1. Calling up an employee for military service or sending him to an alternative civilian service that replaces it.

2. Reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court.

3. Non-election to office.

4. Condemnation of an employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force.

5. Recognition of an employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.

6. Death of an employee or employer - an individual, as well as recognition by the court of an employee or employer - an individual as dead or missing.

7. The onset of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation.

8. Disqualification or other administrative punishment, excluding the possibility of the employee fulfilling the obligations under an employment contract.

9. Expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract.

10. Termination of access to state secrets, if the work performed requires such access.

11. Cancellation of the court decision or cancellation (recognition as illegal) of the decision of the state labor inspectorate to reinstate the employee at work.

The fact of the occurrence of the listed circumstances must be documented - either by the employee or the employer (depending on which particular circumstances are in question). Such documents include:

- a summons for conscription for military service or a documented decision of the relevant military authority (for example, a military commissariat) to send an employee to alternative civilian service (paragraph 1 of part one of Article 83 of the Labor Code of the Russian Federation);

- the decision of the state labor inspectorate or the court on the reinstatement of an employee who performed it earlier (paragraph 2 of the first part of Article 83 of the Labor Code of the Russian Federation);

- the decision of the relevant elected body on the non-election of an employee who previously held an elective position (paragraph 3 of part one of Article 83 of the Labor Code of the Russian Federation);

- a court verdict that has entered into legal force, according to which the employee is sentenced to a punishment that excludes the continuation of the previous work (paragraph 4 of the first part of Article 83 of the Labor Code of the Russian Federation);

- a medical report, according to which the employee is recognized as completely disabled (paragraph 5 of the first part of Article 83 of the Labor Code of the Russian Federation);

- a death certificate of an employee or a court decision on recognizing an employee (employer - an individual) as dead or missing (paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation);

- documents confirming the onset of emergency circumstances that prevent the continuation of labor relations (paragraph 7 of the first part of Article 83 of the Labor Code of the Russian Federation);

- documents confirming disqualification (other administrative punishment that excludes the possibility of the employee fulfilling obligations under an employment contract) (clause 8 of part one of article 83 of the Labor Code of the Russian Federation);

– license, driver's license, the right to carry a weapon, etc. expired or a document in accordance with which the employee is deprived of a license (rights, etc.) (paragraph 9 of the first part of article 83 of the Labor Code of the Russian Federation);

- a document in accordance with which the employee's access to state secrets has been terminated, or the expiration of the access (clause 10 of the first part of Article 83 of the Labor Code of the Russian Federation);

- a decision to cancel the previous court decision or to cancel (deem illegal) the decision of the state labor inspectorate to reinstate the employee at work (paragraph 11 of the first part of Article 83 of the Labor Code of the Russian Federation).

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Termination of an employment contract due to violation of the rules for its conclusion

The procedure for terminating an employment contract in connection with a violation of the rules for its conclusion, if this violation excludes the possibility of continuing work, is determined by Article 84 of the Labor Code of the Russian Federation. Such rules, as is known, can be established by the Labor Code of the Russian Federation or other federal law.

Compliance with these rules by the employer and employee is mandatory. If, after the conclusion of the employment contract, it is established that this or that rule was not complied with, the employment contract is subject to early termination on the grounds provided for in paragraph 11 of the first part of Article 77 of the Labor Code of the Russian Federation. At the same time, violations of these rules should exclude the possibility for the employee to continue the work assigned to him in accordance with the employment contract (labor function), and it is not possible for the employee to transfer to another job available to the employer - due to the lack of the latter or due to the employee's disagreement with such a transfer.

Termination of an employment contract on the grounds provided for in paragraph 11 of part one of Article 77 of the Labor Code of the Russian Federation is allowed if one of the following situations occurs:

1. The conclusion of an employment contract was made in violation of a court verdict that has entered into legal force to deprive an employee of the right to hold certain positions (to engage in certain activities).

2. The concluded employment contract contained a condition on the performance of work that is contraindicated for the employee for health reasons in accordance with the medical report.

3. The conclusion of an employment contract was made in the absence of an appropriate document on education - provided that the performance of the work assigned to the employee in accordance with the employment contract requires special knowledge in accordance with federal law or other regulatory legal act.

4. The conclusion of the employment contract was made in violation of the decision of the judge (body, official) authorized to consider cases of administrative offenses, on disqualification or other administrative punishment, excluding the possibility for the employee to fulfill the obligations under the employment contract.

5. The conclusion of the employment contract was made in violation of the procedure provided for by the relevant federal laws.

The fact of the occurrence of the relevant circumstances must be documented. At the same time, the impossibility of continuing the previous work by the employee, as well as the absence of another job at the enterprise to which the employee could be transferred (if his consent is available) must be documented.

An employee's refusal to be transferred to another job must be expressed in writing. When an employee is dismissed on the grounds provided for in paragraph 11 of part one of Article 77 of the Labor Code of the Russian Federation, he is paid a severance pay in the amount of the average monthly salary.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

Early termination of the employment contract in other cases established by law

The Labor Code of the Russian Federation states that an employment contract can be terminated ahead of schedule and in other cases established by law (clause 14 of the first part of Article 81 of the Labor Code of the Russian Federation).

In this case, we are talking about situations in which the employer, based on the provisions of the law, has the right to dismiss the employee on his own initiative, terminating the employment contract with him before the expiration of the latter. In other words, these are situations that allow early dismissal of an employee at the initiative of the employer and are directly provided for by law, with the exception of those considered earlier.

Thus, Article 33 of the Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" gives the employer the right to early terminate an employment contract with an employee - a civil servant on the following grounds:

1. Agreement of the parties to the service contract.

2. Expiration of a fixed-term service contract.

3. Termination of the service contract at the initiative of a civil servant.

4. Termination of the service contract at the initiative of the representative of the employer.

5. Transfer of a civil servant at his request or with his consent to another state body or to a public service of a different type.

6. Refusal of a civil servant from a civil service position proposed for replacement or from professional retraining or advanced training due to a reduction in civil service positions, as well as if he is not provided with another civil service position in these cases.

7. Refusal of a civil servant from a civil service position proposed for replacement due to a change in the essential terms of the service contract.

8. Refusal of a civil servant to be transferred to another civil service position for health reasons in accordance with a medical report or the absence of such a position in the same state body.

9. Refusal of a civil servant to be transferred to another locality together with a government agency.

10. Circumstances beyond the control of the parties to the service contract.

11. Violation of the mandatory rules for concluding a service contract established by the Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ or other federal laws, if this violation excludes the possibility of filling a civil service position.

12. Withdrawal of a civil servant from the citizenship of the Russian Federation.

13. Failure to comply with restrictions and failure to fulfill obligations established by the Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ and other federal laws.

14. Violation of the prohibitions related to the civil service, provided for by the Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ.

15. Refusal of a civil servant to replace the former position of the civil service with an unsatisfactory test result.

Relevant grounds may be provided for by other laws of the Russian Federation in relation to other categories of employees.

For example, in accordance with the Federal Law "On Education" dated July 10, 1992 No. 3266-1, in addition to the grounds for termination of an employment contract at the initiative of the administration of an educational institution provided for by the labor legislation of the Russian Federation, the grounds for early dismissal of a teacher of an educational institution at the initiative of his administrations are:

- repeated during the year gross violation of the charter of the educational institution;

- the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;

- appearing at work in a state of alcoholic, narcotic or toxic intoxication.

Information about additional grounds for dismissal of an employee is recorded in the employment contract. The fact of the occurrence (revealing) of circumstances that allow the dismissal of an employee on one of the additional grounds must be documented.

The employer issues an appropriate order (instruction) on the dismissal of an employee. Based on the order (instruction), other necessary documents are drawn up.

LABOR CODE REQUIREMENTS

The main points of labor relations are:

1. Freedom of choice of activities.

2. Assistance in employment.

3. Unemployment protection.

4. Ensuring fair conditions at work.

5. Timely payment of funds.

6. Ensuring the equality of employees.

7. Unprecedented compensation for harm caused to an employee in the performance of his job duties.

8. Social partnership.

Documentation

1. Passport or other document for identification of the applicant.

2. Work book. It is not required to present in the following cases:

job seeker for the first time. In this case, the work book is issued by the employer;

the work book is lost or damaged - a new job applicant is issued upon his application (indicating the reason for the absence of a work book);

in the event that the employee enters a part-time job.

After the termination of the employment relationship, the work book is issued to the employee.

3. Insurance certificate of state pension insurance (SNILS). If the applicant gets a job for the first time, then SNILS is issued by the employer.

4. Military ID or other military registration document (for example, registration certificate). Mandatory for persons liable for military service and persons subject to conscription for military service.

Combining work and study Are you studying and want to get a job? Find out how study leave is paid.

Features of making entries in the employee's work book.

5. A document on education (a diploma, an assessment sheet may be required). It is required to confirm the qualifications of the applicant and the availability of education for the position for which he is applying.

For some professions, such as a truck crane driver, slinger, excavator driver, etc., it is also necessary to have a certificate of training in the relevant profession, confirming his qualifications. Such employees must undergo annual re-certification (most often in the same employer organization), which is indicated in the certificate with a corresponding note.

For drivers (as well as for drivers of truck cranes and excavators) a driver's license is required for the right to drive the type of transport on which it will work.

6. Certificate of the presence or absence of a criminal record. Required when applying for a job, which, in accordance with the legislation of the Russian Federation, is not allowed for persons with a criminal record or subject to criminal prosecution.

Employment conditions, nature of work:

main job, permanently;

· part-time with payment in proportion to the time worked (for an external part-time job);

To replace a temporarily absent employee;

on the terms of internal part-time employment with payment in proportion to the hours worked;

main work, temporary, irregular working hours (for the director, the sole founder of the organization);

main job, commission wage system in the amount of 10 percent of the cost of products sold by the employee, permanently (for an employee with a commission wage), etc.

Reasons for terminating an employment contract

Consider the main reasons for such a desire of the boss or leader. They are directly spelled out in the law:

• termination of the activities of the organization or institution where the employee worked;
• staff reduction;
• change of owners of the enterprise;
• violation of instructions and disciplinary criticism against the employee, in addition, failure to fulfill his direct duties without good reason;
• gross violation of work obligations.

But there are cases when it is the employee, and not the manager (employer), who wants to terminate the employment contract. There can be many reasons for termination from this side. In this case, there are a number of especially So, the grounds for termination of the employment contract are:

1) agreement of the parties (Article 78);

2) the expiration of the term of the employment contract (paragraph 2 of Article 58), except in cases where the employment relationship actually continues and none of the parties has demanded its termination;

3) termination of the employment contract at the initiative of the employee (Article 80);

4) termination of the employment contract at the initiative of the employer (Article 81);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75);

7) the employee's refusal to continue work in connection with a change in the essential terms of the employment contract (Article 73);

8) the employee's refusal to be transferred to another job due to the state of health in accordance with a medical report (Part two of Article 72);

9) refusal of the employee to transfer in connection with the relocation of the employer to another locality (part one of Article 72);

10) circumstances beyond the control of the parties (Article 83);

11) violation of the rules for concluding an employment contract established by the Labor Code or other federal law, if this violation excludes the possibility of continuing work (Article 84).

5. Salary (remuneration of an employee) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments. (Article 129 of the Labor Code of Russia) Salary (colloquial salary) - monetary compensation (it is practically unknown about a different type of compensation) that an employee receives in exchange for his work.

Nominal - the amount of money in the nominal amount that the employee receives in the form of remuneration for work.

The nominal wages are:

payment accrued to employees for hours worked, the quantity and quality of work performed;

payment at piece rates, tariff rates, salaries, bonuses to pieceworkers and time workers;

surcharges due to deviations from normal working conditions, for night work, for overtime work, for foremanship, payment for downtime through no fault of the workers, etc.

Real - this is the amount of goods and services that can be purchased for nominal wages; real wages are the "purchasing power" of nominal wages. Real wages depend on nominal wages and the prices of goods and services purchased.

6. Reduced working hours are set for:

minors under the age of 18 (see article 43 of the Labor Code of the Russian Federation);

certain groups of workers in connection with the peculiarities of their work (workers with difficult and harmful working conditions, doctors, teachers, teachers of educational institutions, etc., see Articles 44 - 45 of the Labor Code of the Russian Federation);

students on the job;

women working in rural areas;

disabled people of I and II groups;

teachers, professors and other teaching staff of educational institutions.

Working hours are also reduced when working at night (from 10 p.m. to 6 a.m.). This rule does not apply to:

employees who have already established reduced working hours;

working in continuous production, when it is necessary to equalize day work with night work;

workers specially hired to perform work at night;

workers employed in shift work with a six-day work week with one day off.

7. Trade union (trade union) - a voluntary public association of people connected by common interests by the nature of their activities in production, in the service sector, culture, etc.

Associations are created to represent and protect the rights of employees in labor relations, as well as the socio-economic interests of members of the organization, with the possibility of a wider representation of employees.

The working hours of adolescents are strictly limited:

For employees under the age of 16 - no more than 24 hours a week;

For employees from 16 to 18 years old - no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation).

With regard to wages, under the time system, they should be paid taking into account the reduced hours of work. But you can pay an employee at your own expense to the level of the salary of those who work full time. Piecework payment is charged depending on the output and can also be increased due to additional payments (Article 271 of the Labor Code of the Russian Federation).

In labor relations with minors under 18 years of age, it is prohibited: to entrust them with heavy, harmful, dangerous work (Article 265 Zh RF); involve them in work at night, on weekends and holidays (Article 268 of the Labor Code of the Russian Federation); send them on business trips (Article 268 of the Labor Code of the Russian Federation); establish a probationary period for them (Article 70 of the Labor Code of the Russian Federation); conclude agreements with them on full liability (Article 244 of the Labor Code of the Russian Federation).

If a teenager caused material damage to the company, can he be held liable and to what extent?

Termination of an employment contract means the end of the employment relationship between the employee and the employer. In the current labor legislation, along with the concept of "termination of an employment contract", there are other concepts that mean the end of labor relations between the parties to an employment contract: "termination of an employment contract" and "dismissal". These concepts are close in meaning, but are not identical and differ in their legal content.

Thus, the termination of an employment contract is the end of the employment relationship between the employee and the employer. "Termination of an employment contract" is the most general and broad concept that covers all cases of termination of a concluded employment contract, termination of an employment relationship (by agreement of the parties; at the initiative of an employee or employer; at the request of authorized third parties; on grounds that exclude for any circumstances, the possibility of continuing the employment relationship, etc.).

The concept of "dismissal of an employee", in fact, is close to the concept of "termination of an employment contract", but it does not cover cases of termination of an employment contract due to circumstances beyond the control of the parties.

"Cancellation of an employment contract" is a narrower concept, it is a volitional termination of employment relations at the initiative of one of the parties to the employment contract or at the initiative of certain bodies that have the right to demand this termination. The difference between the concept of "termination of an employment contract" and the concept of "termination of an employment contract" is that the first covers both volitional unilateral and bilateral actions, as well as events, and the second covers only unilateral volitional actions.

An employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for dismissing an employee on this specific basis. The basis for terminating an employment contract is a life circumstance, which is enshrined in law as a legal fact necessary for terminating an employment relationship. Termination of the employment contract means at the same time the dismissal of the employee.

An entire chapter is devoted to the termination of an employment contract in the Labor Code of the Russian Federation - 13, which provides for the grounds and procedure for terminating an employment contract. At the same time, the Labor Code of the Russian Federation is not the only legal act regulating the termination of an employment contract. Thus, the grounds for termination of employment contracts, other than those given in the Labor Code of the Russian Federation, are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is allowed by the current legislation and does not contradict it. The Labor Code of the Russian Federation regulates the right of the parties to an employment contract, in certain cases, to include in the employment contract additional grounds for terminating employment relations (Articles 278, 307, 312, 347 of the Labor Code of the Russian Federation).

Termination of an employment contract is considered legal provided that, in addition to the grounds provided for by law, the employer complies with the established procedure for terminating an employment contract, and also provides guarantees upon dismissal established by law for certain categories of employees.

Thus, it is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability and while on vacation (part 3 of article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 years (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal under clause 1, sub clause "a" clause 3, clause 5-8, 10 and 11 article 81 of the Labor Code of the Russian Federation).

The dismissal of an employee under paragraph 5 of Article 82 of the Labor Code of the Russian Federation is carried out taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

Consideration of the opinion of the trade union body is not required if an employee who is not a member of a trade union is dismissed or the organization has a trade union, but the employee is connected by membership relations with another trade union that does not have a primary trade union body in this organization.

Representatives of employees participating in collective bargaining, during the period of their conduct, cannot be dismissed at the initiative of the employer without the prior consent of the authority. Authorizing them to represent, except in cases of termination of the employment contract for committing a misdemeanor, for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work.

Termination of an employment contract with an employee under the age of 18 at the initiative of the employer (with the exception of cases of liquidation of the organization), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors.

According to Art. 374 of the Labor Code of the Russian Federation dismissal at the initiative of the employer in accordance with paragraph 2, sub. "b" paragraph 3 and paragraph 5 of Art. 81 of the Labor Code of the Russian Federation of heads (their deputies) of elected trade union collegiate bodies of an organization, its structural divisions (not lower than shop and equated to them), not released from their main work, in addition to the general procedure, dismissal is allowed only with the prior consent of the relevant higher elected trade union body.

However, the provisions of the first part of Art. 374 of the Labor Code of the Russian Federation are subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation dated December 4, 2003 No. 421-O “In the case of checking the constitutionality of the provisions of part two of Article 170 and part two of Art 235 of the Labor Code of the Russian Federation and paragraph 3 of Art. 25 of the Federal Law “On trade unions, their rights and guarantees of activity”, which recognized the norms contained in federal laws and prohibiting the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer, to be inconsistent with the Constitution. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated failure to perform labor duties without good reason, if he has a disciplinary sanction, is a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time the subject of economic activity and the owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (part 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and therefore contradicts the provisions of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

General grounds for termination of an employment contract are contained in Article 77 of the Labor Code of the Russian Federation

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

2) the expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);

7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);

8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of the Labor Code of the Russian Federation);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);

10) circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

11) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties implies the mutual desire of the employee and the employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated at the time agreed by the parties, that is, at any time. The agreement on termination of the employment contract does not exclude the possibility of dismissal of the employee at his own request or, if there are grounds for this, at the initiative of the employer.

Termination of the employment contract at the initiative of the employee implies the desire to terminate the employment contract of one party (employee), and the employer is obliged to terminate relations with the employee after the warning period has expired.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract.

The employer, before the expiration of the notice of dismissal, is not deprived of the right to dismiss the employee if he has committed an offense that is the basis for dismissal.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

The right to terminate an employment contract at the initiative of an employee is granted not only to an employee who has entered into an employment contract for an indefinite period, but also to an employee working under a fixed-term employment contract.

If an application for termination of an employment contract is submitted by an employee who has not reached the age of 18, the consent of the relevant state labor inspectorate and the commission on minors must first be obtained.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 contains a provision explaining to the courts the issues of application of legislation governing the termination of an employment contract at the initiative of an employee concluded for an indefinite period, as well as a fixed-term employment contract (paragraph 3 of article 77, article 80 of the Labor Code of the Russian Federation ). Keep in mind the following:

a) termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

b) the employment contract may be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

An employment contract may be terminated at the initiative of the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

12) is no longer valid.

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by the Labor Code of the Russian Federation and other federal laws.

The procedure for conducting certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower paid job) which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

When considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

When considering reinstatement cases, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of the right, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability at the time of his dismissal from work or the fact that he is a member of a trade union or the head (his deputy) of an elected trade union collegial body of the organization, its structural divisions (not lower than shop and equated to them), not released from the main job, when the decision on dismissal must be made in compliance with the procedure for taking into account the reasoned opinion of the elected trade union body of the organization or, accordingly, with the prior consent of the higher elected trade union body.

If the court establishes that the employee has abused the right, the court may refuse to satisfy his claim for reinstatement (changing the date of dismissal at the request of the employee dismissed during the period of temporary incapacity for work), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of dishonest actions on the part of the employee (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004).

As a general rule, the parties cannot include in the employment contract additional grounds for the dismissal of employees other than those provided for in the law, as this can be considered as a decrease in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the employment contract, then they are not subject to application.

Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.

Part 1 Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer. The prohibition on dismissal applies to all grounds for dismissal at the initiative of the employer, specified both in the Labor Code of the Russian Federation and in other federal laws.

The dismissal of a pregnant woman on other grounds not related to the initiative of the employer, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in case of violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in general order.

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer knew or should have known about the fact of the end of pregnancy.

An employment contract extended in this way, by virtue of a direct indication of the law, does not cease to be urgent. At the same time, a woman is provided with all the benefits to which she is entitled in connection with pregnancy, including the right to transfer to another job and to be released from work while maintaining average earnings if such a transfer is impossible.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer is not allowed (except dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).";

An employment contract is subject to termination due to the following circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation):

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) non-election to office;

This basis applies to those employees who were not elected to a position for the second time for their position, although they applied for it. If the employee did not submit documents for election to the position, then he is dismissed due to the expiration of the employment contract under paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

4) condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;

5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

The recognition of an employee as completely incapable may take place in accordance with a medical certificate issued by an authority or institution that has the competence to issue such an opinion.

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as dead or missing;

In accordance with Art. 45 of the Labor Code of the Russian Federation, a citizen may be declared dead by a court if there is no information about his place of residence in his place of residence for five years, and if he has gone missing under circumstances that threaten death or give reason to assume his death from a certain accident, - in within 6 months.

7) the onset of emergency circumstances preventing the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the relevant subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

Disqualification is the deprivation of an individual of the right to hold senior positions in the executive management body of a legal entity for a period of 6 months to 3 years. In addition to disqualification, there may also be expulsion from the territory of the Russian Federation of a foreign citizen (or stateless person) who was in an employment relationship with the employer.

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, the right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

10) termination of access to state secrets, if the work performed requires such access;

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work.

An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if the violation of these rules excludes the possibility of continuing work, in the following cases:

the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;

the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;

in other cases stipulated by federal laws.

If the violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly earnings. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

2018-02-28T17:13:41+00:00

One of the grounds for terminating an employment contract is the termination of the employment contract at the initiative of the employer. An enterprise can terminate an employment relationship for a strictly limited list of reasons, unlike an employee. Termination of the employment contract at the initiative of the employee is possible at any time without giving reasons.

Working relationships are always accompanied by the conclusion of a contract. And when you need to quit, you should know how to terminate it correctly. All agreements, including those on employment, can be terminated. This can happen both on a voluntary basis and involuntarily. In the Labor Code of the Russian Federation (Labor Code), the termination of the contract is regulated in chapter 13. The code spells out the procedure for breaking off working relations, depending on the situation, and on who is the initiator. Consider the termination of the employment contract at the initiative of the employer, employee and by agreement of the parties.

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Termination of an employment contract under the Labor Code of the Russian Federation

The end date of the contract is the last working day. According to the Labor Code of the Russian Federation, an entry is made in the work book indicating the article and paragraph of this code on dismissal. On the same day, documents are already issued, and a full payment is made.

If the employee forgot or could not pick up the book, he will be sent a notification about the need to pick up the document from the personnel department. An employee may submit a request to the employer to send documents by mail or other means, and the organization must comply with the request within three business days.

Upon dismissal of a foreign citizen, within three working days, the employer is obliged to notify the territorial bodies of the Federal Migration Service and the Federal Tax Service, as well as the employment center, about this fact.

It's good to know what to do if you get paid.

General grounds for termination of an employment contract

Possible reasons for the termination of cooperation are indicated in Art. 77 of the Labor Code of the Russian Federation. So, we list the general grounds for termination of employment:

1. The end date of the work contract.
2. Termination of the contract at the initiative of the employee.
3. Mutual desire of the parties.
4. An employer's initiative to terminate the employment relationship.
5. Transfer of an employee to another organization at his request or consent, or his appointment to an elective position.
6. The employee's refusal to continue working relations with the new owner of the organization's property, unwillingness to cooperate in connection with the reorganization of the enterprise.
7. The refusal of the worker to work on the modified terms of the agreement (part 4 of article 74 of the Labor Code of the Russian Federation).
8. The employee’s refusal to transfer to another job prescribed by a medical certificate issued in accordance with federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the necessary position (parts 3 and 4 of article 73 of the Labor Code of the Russian Federation).
9. Refusal of the employee to be transferred together with the organization to another locality.
10. Circumstances beyond the control of the parties.
11. The conclusion of an agreement with violations of the law that does not allow to continue cooperation.

Fact

For persons who have not passed the probationary period, a special procedure for dismissal is provided. Acts and reports of managers on unsatisfactory test results are attached to the documents. Notice of the decision not to employ this citizen must be given to him no later than three days before the reduction

Termination of the employment contract at the initiative of the employee

The worker may resign at his own request. It is absolutely not necessary to indicate the reason in the application, the main thing is to notify the employer at least two weeks in advance.

Important

Employees holding a position that is part of the management of the organization are required to notify their superiors of their dismissal at least one month in advance.

At the same time, the employee retains the right to change his mind and withdraw the application if they did not manage to invite another specialist in his place, who cannot be denied employment by law.

There is no need to work for two weeks for those who leave work due to relocation, admission to an educational institution, in connection with retirement.

Termination of the employment contract at the initiative of the employer

An enterprise may terminate a working relationship for a strictly limited list of reasons (Article 81 of the TKRF). So termination of the employment contract at the initiative of the employer may occur due to:

• . The employee must be paid a severance pay, and no more than two average wages for the period of employment are retained for him.

Important

The organization must notify of the planned reduction at least two months in advance against signature

• Downsizing of the organization. If the employer has no vacancies, then the dismissal procedure is similar to a reduction due to the liquidation of the enterprise.
• Loss of confidence in financial staff.
• Providing false information when applying for a job.
• Insufficient qualifications of the employee for the position held.
• Non-fulfillment by the workers of their duties in case of a recorded disciplinary offense.
• Non-observance of labor techniques, which entailed consequences, for example, an accident at work.
• Gross one-time violation of labor duties - absenteeism, appearance in a state of intoxication at the workplace.
• Theft or damage to company property.
• Disclosure of commercial and other legally protected secrets.

Categories of employees who cannot be fired at the initiative of the organization

The Labor Code of the Russian Federation provides for cases when it is not allowed to reduce certain categories of workers. Thus, the code protects the interests of pregnant women, women on parental leave until they reach the age of 3, single mothers with children under 14 or up to 18 if the child is disabled. Persons who take care of a child without a mother are not subject to dismissal.

An exception is the liquidation of the enterprise, in which case all employees of the organization remain without work.

Termination of the employment contract by agreement of the parties

The mutual desire of the parties to terminate the working relationship is formalized by the employee's statement of resignation, indicating paragraph 1 of article 77 of the TKRF. Even if the offer came from the employer, the termination of the employment relationship by agreement of the parties looks almost the same as dismissal at the request of the employee. The difference lies in the wording of the order and in the fact that when registering at the employment center, the former employee will be given an allowance in the amount of the official salary paid at the last place of employment.

When the parties to the working relationship come to a common desire to end it, they sign an agreement to terminate the employment relationship. It is attached to the main contract.

Termination of cooperation due to circumstances beyond the control of the parties. Such wording may appear in documents if:

• the worker was called up for military service;
• by decision of the court or the labor inspectorate, the former employee was reinstated;
• it is not possible to satisfy the employee's request for transfer to another position;
• the worker, by a court decision, is disqualified, sentenced to punishment, is subject to administrative responsibility, which does not allow him to perform his duties;
• according to the medical report, the worker is recognized as disabled;
• the employee is declared officially missing or died;
• there were extraordinary circumstances recognized by the decision of the Government of the Russian Federation (accidents, epidemics, wars).

In the event of circumstances beyond the control of the parties, it is required to provide a document confirming their occurrence, for example, a death certificate, a court decision, a summons from the military registration and enlistment office. It is on the basis of this document that the dismissal order is issued.

Termination of cooperation due to violations in employment

If the labor inspectorate has discovered violations committed during the employment of citizens, then cooperation with them may be terminated. As a rule, the reason is a ban on holding a certain position or performing this type of work by a court decision or for health reasons. Cooperation may be terminated if the organization has hired a person without the necessary specialized education.

If a mistake was made by the employer during employment, then he pays the dismissed severance pay in the amount of the average salary. If the employee deliberately provides false information, he is dismissed at the initiative of the employer.

Termination of a fixed-term employment contract

When the working relationship is formalized for a certain period, the termination of a fixed-term employment contract is formalized in accordance with Article 79 of the Labor Code of the Russian Federation. Whoever initiated the dismissal, notice of termination must be given to the other party no later than three days before the date of dismissal.

Cooperation formalized for a certain period of time with the aim of performing a specific job, replacing the main employee, performing seasonal work, respectively, terminates at the time of the fact that the completed work is handed over, the replaced employee enters the workplace, at the end of the season.

Important

According to Art. 79 of the Labor Code of the Russian Federation, the employer must notify the employee in writing about the dismissal three days before the specified date, otherwise the employment is considered to be issued for an indefinite period (Article 58 of the Labor Code of the Russian Federation)

Termination of an indefinite employment contract

When applying for a vacant job, as a rule, an open-ended employment contract is drawn up, the sample of which depends on the position held. It contains information about the employer, employee, position, job responsibilities, terms of going to work, probationary period, working hours and rest, salary.

Interesting

If the employment was arranged for a certain period, but neither of the parties expressed a desire to terminate cooperation by the end of the period, then the contract of employment of the worker becomes indefinite

Termination of an indefinite contract occurs for the reasons listed in Art. 81 of the Labor Code of the Russian Federation, i.e. on general grounds. It is imperative to follow the requirements of the law and issue the necessary orders and notices within the time limits specified by law.

Notice of termination of the employment contract

In accordance with the law, the party wishing to terminate the working relationship is obliged to send the other party a notice of termination of the contractual relationship, the sample contains the data of the organization, employee, contract. The text of the document indicates the reasons and date of dismissal.

Important

The notice is issued against the signature of the employee. If the latter refuses to sign the document, an appropriate mark is placed

Order to terminate the employment contract

Upon completion of employment, the personnel department must draw up an order to terminate the contractual relationship. It indicates the reason for the termination of relations and the article of the Labor Code of the Russian Federation, according to which the dismissal takes place and the date of termination of the employment relationship. An order is issued on the day of dismissal along with wages and other documents.

A former employee can go to court if his rights were violated upon dismissal. After studying the case, the court may reinstate the dismissed person, as well as oblige the organization to pay compensation to him. The company's incorrect paperwork can face penalties and inspections.

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