Termination of an employment contract. Abstract: Termination of an employment contract at the initiative of the employer

Date: 15.10.2019

Labor relations are a vivid example of the fact that it is much easier to conclude a contract than to legally terminate it ahead of schedule. Indirectly, this state of affairs confirms the number of lawsuits and complaints about unlawful termination employment contract or for violations of procedural requirements during its execution.

Normative base

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

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

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

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

Art. 71 - according to the results of the test, the employee may not come up, most importantly, inform him about it in time and reasonably;
Art. 72.1 and Art. 73 - if the company's proposal to transfer an employee to another position for objective reasons was met with a sharp refusal, then termination of employment relations with him will be not only a legal, but also a logical act of the authorities;
Art. 74 and Art. 75 - the disagreement of the employee himself with the changed working conditions must be confirmed by his signature, then the dismissal will not cause additional proceedings.

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

Grounds for terminating an employment contract

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

Termination type	Design features	Article of the Labor Code of the Russian Federation
Liquidation of an institution or individual entrepreneur	Final closure of the subject economic activity make it possible to calculate even “non-dismissible” categories, art. 261 TK. It is enough to warn them 2 months in advance and pay benefits (maximum three average salaries).	paragraph 1 of Art. 81
Downsizing	Reduction without liquidation is possible only after carrying out lengthy and costly procedures (two months' notice, coordination with state bodies and the trade union, search and offer of vacancies, etc.). It is impossible to dismiss a pregnant woman on these grounds, for example, Art. 261 of the Labor Code of the Russian Federation.	paragraph 2 of Art. 81
Job inconsistency	Only the commission can establish a discrepancy on the basis of the certification. Before dismissal, you must offer a transfer to another place.	paragraph 3 of Art. 81
Change of ownership	Only the management staff (director, his deputies and chief accountant) can be dismissed, ordinary employees can count on continued cooperation.	paragraph 4 of Art. 81
Dereliction of duty	For legal dismissal, you must have evidence that non-performance is systematic, is allowed by the employee intentionally or through negligence. In the personal file of the dismissed person there should be information about the disciplinary sanction outstanding on the day of calculation.	paragraph 5 of Art. 81
Gross violation (truancy, drunkenness in the workplace, disclosure of trade secrets, theft / embezzlement, etc.)	Any single violation considered as gross will be sufficient grounds for dismissal. It is possible to expel an employee on this fact without fear, but taking into account the requirements of Art. 192 of the Labor Code on the proportionality of punishment, the degree of guilt of a person and related circumstances.	paragraph 6 of Art. 81
Loss of trust	Fear of dismissal on these grounds is for those who, under an employment contract, perform operations with money or inventory items. If the employee's guilt is proved, then it is possible to pay even for an act committed not in relation to the property of the enterprise.	paragraph 7 of Art. 81
Providing false data	Forgery when hiring a job threatens with immediate dismissal. The Labor Code of the Russian Federation does not specify, but you can still terminate the contract if these documents confirmed the special skills or education necessary for work. If a miner, for example, lied about graduating from a music school, then his dismissal due to the provision of false information is considered illegal.	paragraph 11 of Art. 81
Incompetent management decision	The circle of managers includes not only the first person of the enterprise, but also his deputies and the head of the accounting service. For dismissal, you need to have evidence that the company has lost money or its property has been damaged, and perhaps due to the fault of these persons, profits have been lost.	paragraph 9 of Art. 81

When can a contract be terminated?

The labor legislation of the Russian Federation is often criticized for excessive patronage of the employee. In particular, additional guarantees are provided for certain types of employees, the termination of the employment contract with which, at the initiative of the employer, is either impossible or very difficult.

The first and most unshakable rule concerns pregnant women, Art. 261 of the Labor Code of the Russian Federation. It is impossible to dismiss a future mother from a working company for any reason, even if she does not appear at the workplace for no reason or constantly ignores the demands of her superiors. Only a limited list of disciplinary or material measures remain in the employer's arsenal:

reprimands and remarks, Art. 192 of the Labor Code of the Russian Federation;
absenteeism in the report card allows you to reduce wages for unworked hours;
failure to fulfill the plan or one's work functions allows not including the pregnant woman in the bonus order.

The dismissal of a woman in a position is permissible only with the complete liquidation of a business entity, but it is unlikely that the authorities will decide to close just so as not to see one of their workers anymore.

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

In various situations, additional benefits for staying at work are received by:

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

Dismissal procedure

Before terminating the employment contract at the initiative of the employer, the personnel officer needs to brush up on not only the provisions of Art. 81 of the Labor Code of the Russian Federation, but also look into Art. 84.1 of the same code. After all, it contains a generalized step-by-step guide for correct design retirement papers.

Documentary base

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

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

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

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

Payout and compensation

The form and reasons for terminating the employment contract cannot affect the list of monetary payments. Any dismissed person has every reason to demand from management to issue him:

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

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

Timing

In case of early termination of the employment contract at the initiative of the employer, the first thing the personnel department cares about is ensuring the legality of the procedure. V this issue last but not least is the observance of the deadlines allotted for this. The most common norms of the Labor Code of the Russian Federation:

be fired as a disciplinary sanction later than a month from the day the misconduct was discovered, but not more than six months (sometimes 2 years) after it was committed, Art. 193 of the Labor Code of the Russian Federation;
action fixed-term contract must be terminated on the day of its expiration, not forgetting to warn the employee of its completion three days in advance, art. 79 of the Labor Code of the Russian Federation;
reduction of staff or number is carried out no earlier than two (in mass cases - three) months after notification of the team, Art. 180 of the Labor Code of the Russian Federation;
in case of forgery, the contract can be terminated from the moment of confirmation of the fact that prevents the continuation of the employment relationship, art. 81 of the Labor Code of the Russian Federation.

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

Enrollment in labor

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

An experienced personnel officer tries to enter the correct wording already at the stage of drawing up the dismissal order, and then exactly transfers it to the pages of the labor. In the information about work, they indicate not only a verbal definition of the reason for the end of the working relationship, they also specify the number of the article of the code, as well as its paragraph and part.

An important point can be considered the issuance of the book itself into the hands of a former colleague. This must be done no later than one day after the dismissal, if the employee was absent from the workplace on the last day. If the personal transfer did not take place even after a day, then the employer should not relax, thinking that the non-appearance of the dismissed person will protect him. The day after the dismissal, it is necessary to send a letter to the person with an offer to appear for their documents or give written permission to send a package of papers by mail.

If a request for a personal visit former employee ignored, but did not answer the message, the manager is obliged to ensure the "eternal" storage of someone else's labor (75 years from the moment of parting with the employee).

Nuances in the termination of contracts of various types

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

Urgent

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

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

It is more difficult to issue early termination of a temporary employment contract at the initiative of the employer. No amount of subterfuge can cut legal guarantees for employees because, within the term of a work contract, the code makes no distinction between permanent and non-permanent specialists. The procedure for collecting documents that allow an unscheduled dismissal, as well as evidence of a person’s guilt, must be collected in the same amount, depending on the essence of the article of the Labor Code of the Russian Federation applied to him.

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

Perpetual

If an employee is hired on a permanent basis, then the simple desire of the employer will not be enough to dismiss him. The easiest way is that the employee does not object to the calculation (Article 78 of the Labor Code of the Russian Federation) or seeks to leave himself (Article 80 of the Labor Code of the Russian Federation). In all other cases, termination of employment will require evidence, and sometimes even the involvement of third parties (police, courts or auditors).

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

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

Whether the working relationship has become perpetual or was originally such is not essential for labor law. It is important that such cooperation does not give the employer the right to painlessly dismiss an employee at any time convenient for him.

Termination of an employment contract is not always the result of an explicit or implicit conflict of interest. But upon dismissal for any reason, it is vital to strictly observe the procedure for processing documents. The manifestation of negligence at any stage can bring not only additional costs to the company, but also further disciplinary conclusions against company officials.

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

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

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

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

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

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

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

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

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

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

Representatives of employees participating in collective bargaining during the period of their introduction cannot be dismissed at the initiative of the employer without a preliminary body that authorized them, with the exception of dismissal on a guilty basis (dismissal associated with a disciplinary offense)

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

Grounds for dismissal of Article 81

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

The basis for dismissal under this paragraph may be the deprivation of the liquidation of a legal entity, that is, the decision to terminate its activities without the transfer of rights and obligations in the order of succession. If the employer is an individual entrepreneur, then the contract under this clause can be terminated when the activity of the individual entrepreneur is terminated on the basis of his own decision, as a result of his recognition as insolvent (bankrupt) by a court decision, due to the expiration of certificates or permits. In the event of a dispute, the obligation to prove the fact of termination of activities lies with the employer.

Is it always logical to say that the dismissal of employees in connection with the liquidation of the organization is dismissal at the initiative of the employer

In the event of the termination of the activities of a branch, representative office or other separate subdivision located in another locality, the dismissal of employees of such subdivisions occurs in accordance with the rules for the liquidation of the organization.

Guarantees and procedure for dismissal:

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

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

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

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

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

On this basis, it is possible to dismiss employees during the period of his vacation or during a period of temporary disability

Paragraph 2 of part 1 of article 81 reduction in the number or staff of employees of an organization, an individual entrepreneur. The right to determine their own structure and manage personnel, including taking measures to reduce them, is the right of the employer. In this regard, when considering disputes on dismissal under this paragraph, the courts are not entitled to check the expediency or economic feasibility of the reduction in the number or staff, however, they are obliged to check whether the reduction was actually carried out (whether such a reduction was fictitious), and whether all requirements were met labor legislation. The downsizing differs from the downsizing in that in the first case, the number of staff units, and in the second the number of positions, specialties and professions in the state. Downsizing may coincide with downsizing. A fictitious reduction is a reduction in any unit that is made with the aim of dismissing a particular employee for an unreasonable economic reason, as a rule, after a short time in staffing reinstatement of a similar post.

Guarantees and procedure for dismissal:

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

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

Employment Service Authority, just like in VOPPO

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

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

Having two or more dependents in the family

The absence in the family of any other persons with independent earnings

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

The status of a disabled veteran of the Second World War, or military operations to defend the fatherland

The fact of improving the qualifications of employees on the job

The dismissal of employees of trade union members takes place taking into account the VOPPO

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

The payment of severance pay and the preservation of the average monthly earnings take place in accordance with the rules of paragraph 1 of part 1 of article 81

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

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

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

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

On the compliance of the employee with the position held and, possibly, on the recommendation for promotion of the employee

About inconsistency with the position held

On compliance with the position held, subject to the elimination of comments

Dismissal under this paragraph is allowed If it is impossible to transfer the employee to another job available to the employer with the written consent of the employee. The rules for submitting vacancies are the same.

Clause 4 of part 1 of article 81 termination of the employment contract in the event of a change in ownership of the property of the organization

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

The preemptive term for dismissal - no later than three months from the date of transfer of ownership can be dismissed. For employees, compensation is provided upon dismissal (Article 181 of the Labor Code of the Russian Federation) not lower than 3x average monthly earnings.

Clause 5 of Part 8 of Article 81 termination of the employment contract in the event of repeated failure by the employee to perform labor duties without good reason if he has a disciplinary sanction. This type dismissal in itself refers to a disciplinary sanction, therefore, in addition to general rules dismissals should also take into account the norms of Chapter 30 of the Labor Code of the Russian Federation (labor discipline, this will also apply to all other types of disciplinary dismissals, which we will consider below). Non-fulfillment of labor duties by an employee without good reason is understood as both non-fulfillment and improper fulfillment by an employee of the labor duties assigned to him, which may manifest itself in violation of the requirements of the legislation of obligations from an employment contract, PWTR, due instructions, regulations, orders of the employer, technical rules etc. The concept of valid reasons is evaluative and will be determined depending on the circumstances of a particular case.

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

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

The employer has the right to apply a disciplinary sanction to the employee in the form of dismissal even if he, before committing the misconduct, filed a letter of resignation on own will since the employment relationship in this case is terminated only after the expiration of the notice of dismissal. Examples of non-fulfillment of labor duties are absence from the workplace without good reason or at work in general.

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

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

Example: Refusal or evasion, without good reason, of a medical examination for employees of certain professions, or refusal to undergo special training during working hours and pass an exam in safety and labor protection if this is a prerequisite for admission to work

Example: in paragraph 36 of the resolution of the plenum No. 2, the situation of the employee’s refusal to conclude a written agreement on full liability is considered separately - independently

Other.

Resolution of the plenum No. 2 points to a number of points, in particular, it cannot be considered as a violation of labor discipline the employee’s refusal to comply with the employer’s order to return to work before the end of his vacation, since the employee can be recalled from vacation only with his consent.

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

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

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

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

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

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

Walking examples:

Leaving work without a valid reason by a person who has entered into an employment contract for an indefinite period, without notifying the employer about it within the established time limits. Should be in a local regulatory act - the obligation to notify the employer about changes in their personal data and a record that in the event of a long absenteeism, the employer has the right to request an explanation for absenteeism by mail.

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

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

Leaving by the employee of the workplace for another labor function, if the employee was legally transferred by the employer. For example, articles 72.2. The time of the employee's absence from the workplace must be recorded by the employer, in practice this is carried out in the act of absenteeism drawn up by an authorized person in the presence of witnesses, as well as in the time sheet

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

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

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

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

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

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

An employee's personal data is information that an employer needs in connection with an employment relationship relating to a particular employee. Disclosure is an action or inaction as a result of which information in any possible form (oral, written, other form, including using technical means) becomes known to third parties without the consent of the owner of this information. The obligation of non-disclosure of information must be stipulated in the employment contract with the dismissed employee.

Assignment for the seminar: the situation when the employer has established the obligation to keep a trade secret for 5 years, what is the responsibility of the former employee for disclosure?

In the event of a dispute, the employer must provide evidence of the following:

Disclosure of information refers to the indicated types of secrets

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

The employee is required not to disclose this information.

committing theft at the place of work, including petty theft of other people's property, 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. Theft and other actions must be committed at the place of work, that is, on the territory of the employer or other facility where the employee must perform a labor function. Any property that does not belong to this employee, in particular property belonging to the employer, other employees, as well as persons who are not employees (clients, visitors), should be considered as someone else's property. A one-month period has been established for the application of such a disciplinary sanction and shall enter into force from the date of entry into force of a court verdict or in a case of an administrative offense. You need to know article 293.

In the event of a violation by the 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. Compliance with labor protection requirements is the general labor duty of each employee. Violation of labor protection requirements must be documented by the above entities, for example, in an accident report at work, an accident investigation report at an enterprise. The Labor Protection Commission is a social partnership body formed by the employer on a parity basis from representatives of the VOPPO or another representative body and representatives of the employer. This commission is engaged in ensuring the requirements for labor protection, and also organizes inspections of labor protection conditions at workplaces, sometimes such functions are carried out by commissioners for labor protection. The list of serious consequences is closed. If the employee was not properly acquainted with the requirements of labor protection or did not undergo training and testing of knowledge in the field of labor protection through the fault of the employer, then the dismissal of such an employee under this paragraph is not allowed.

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

If the fact of committing such actions (theft, bribery and other mercenary acts) is established in the manner prescribed by law, these employees may be dismissed on this basis even if these actions are not related to their work. In this case, dismissal will not be a disciplinary sanction. In the case when the guilty actions are committed by the employee at the place of work and in connection with the performance of his labor duties, dismissal under this paragraph is a disciplinary sanction. The dismissal of an employee on this basis in cases where the guilty actions that led 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 labor duties, is not allowed later than 1 year from the date the misconduct was discovered by the employer.

Clause 8. In the event that an employee performing educational functions commits an immoral act incompatible with the continuation of this work. An immoral act is an evaluative category, determined in each specific case by the employer himself, focused on the norms of society's morality. In practice, these unambiguously include crimes, as well as some administrative offenses, for example, appearance in public place in a state of extreme intoxication, public foul language, other cases of hooliganism, giving false evidence, using forged documents, using unlawful measures of educational influence on pupils, students. The fact of committing a misdemeanor must be recorded, and it is not necessary that it be fixed in a court verdict or in a decision in a case on an administrative offense. This may be information that the employer can trust written in a certain way (memo). Also, a special subject is employees who are engaged in educational activities, for example, teachers, lecturers educational institutions, masters of industrial training, educators and so on.

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

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

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

Clause 10 in case of a single gross violation by the head of the organization (branch, representative office) by his deputies of their labor duties. Dismissal here is also disciplinary. Whether the violation was gross is decided on the basis of the particular circumstances of each case. Therefore, the obligation to prove the fact of the violation and its gross nature lies with the employer. As such violations in judicial practice, it is proposed to regard, for example, the failure to fulfill the duties assigned to the head and his deputies, which could lead to harm to the health of employees or damage to the property of the organization. Example: submission of unreliable accounting, tax reporting.

Paragraph 11 in the event that the employee provides the employer with false documents when concluding an employment contract. Dismissal under this paragraph is not a disciplinary sanction, because it takes place before the employment relationship arises. A question for the legislator - can it be worth expanding the scope of responsibility? Dismissal under this item is possible when the employee provides the employer with a false document that must be presented to them when concluding an employment contract.

Paragraph 12 is no longer valid

Paragraph 13 in the case of members of the collegial executive body of the organization provided for by the employment contract by the head of the organization. "Holy dispositivity" within the framework of the law. Example: non-fulfillment of the plan for the profit of the enterprise, a decrease in the size of indicators for revenue, liquidity, and so on.

Clause 14 in other cases established by the labor code and other federal laws. This refers to additional or other language special grounds for dismissal for certain categories of employees

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

The legislation provides for the grounds on which the tenant has the right to terminate. They are established by Art. 81 of the Labor Code of the Russian Federation. Let's take a closer look at the norm.

Foundations

Dismissal under Art. 81 of the Labor Code of the Russian Federation is allowed when:

Gross violations of the employee

They are defined in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. Gross violations of their duties by an employee include:

Notes

Termination of the contract upon liquidation and reduction under Part 1 of Art. 81 of the Labor Code of the Russian Federation is allowed in the absence of the possibility of transferring an employee to another job available to the employer, with the written consent of the employee. This may be a vacant position corresponding to qualifications, a lower or lower paid position. The state of health of the worker must be taken into account. The tenant, in accordance with part 2 of Art. 81 of the Labor Code of the Russian Federation, is obliged to offer the employee all vacancies that meet the above requirements, available in the area. The head must additionally offer work in another territory, if this is expressly established in

Nuances

Termination of the contract on the grounds set out in clauses 7 and 8 of part 1 of Art. 81 of the Labor Code of the Russian Federation, when, as a result of guilty actions, the management of the enterprise has lost confidence in the employee, an immoral act was committed outside work or at the place of its implementation, but not related to the performance of duties, is allowed no later than 1 year from the date the violation was discovered. It is forbidden to terminate the contract during the period of vacation or stay on sick leave of an employee. The exception is cases of termination of the contract on the grounds established by paragraph 1 of Art. 81 of the Labor Code of the Russian Federation.

Liquidation of the company or termination of the IP

This ground for termination of the contract provides for paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. There is no explanation of the concept of "liquidation of an enterprise" in the legislation. Accordingly, when applying the commented norm, it is necessary to be guided by the provisions of the Civil Code. Article 61, in particular, determines the procedure for the liquidation of an enterprise. It involves the termination of the company's activities without the transfer of duties and rights in the order of succession to other persons. Exceptions are cases specified by law. Termination of contracts with employees is carried out on the basis of a decision taken at a meeting of the company's participants. For direct dismissal, the fact of liquidation of the enterprise is important. In the event of disputes regarding the reinstatement of employees at work, the proof of the actual termination of the existence of the organization lies with the defendant. As for an individual entrepreneur, the appropriate decision can be made by him, the court (in connection with the recognition of his insolvency). The termination of the work of an individual entrepreneur may also be caused by a refusal to renew a permit to carry out certain activities, the expiration of a certificate of state registration.

Reduction

Termination of relations with employees on the grounds established by paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, is allowed subject to a number of conditions. In particular:

Upon termination of contracts on the grounds established in paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, when determining whether an employee has a pre-emptive right to leave him at the enterprise, qualifications and labor productivity indicators are taken into account.

Employee mismatch

Art. 81, paragraph 3 of the Labor Code of the Russian Federation determines the reason for the impossibility of continuing the stay of a citizen in the state of the enterprise. The non-compliance of the employee implies his insufficient qualification, which is confirmed by the results of the certification. The assessment of the employee's business qualities is carried out in conjunction with the analysis of other evidence with the participation of a representative body of employees of the enterprise. The procedure for carrying out attestation activities is determined by federal legislation, as well as other regulations in the field of labor. Termination of the contract in accordance with the third paragraph of Art. 81 of the Labor Code of the Russian Federation is allowed provided that it is impossible to transfer an employee to another position with his consent.

Change of ownership

Termination of the contract under paragraph 4 of Art. 81 of the Labor Code of the Russian Federation is allowed with a certain category of workers. These include, in particular, the head of the enterprise, his deputies, as well as Ch. accountant. Other employees cannot leave due to a change of ownership. In this case, one nuance should be taken into account. Termination of relations under paragraph 4 of Art. 81 of the Labor Code of the Russian Federation is allowed if the change of ownership has occurred in relation to the property of the entire enterprise as a whole. With the officials mentioned above, the contract cannot be terminated if the jurisdiction / subordination of the enterprise has changed without fulfilling the main condition.

Repeated failure to comply

In case of repeated violations of discipline, termination of the contract with the employee is allowed if he has a penalty for previously committed misconduct. Sanctions are provided for an employee for failure to fulfill his duties established in the rules of procedure or contract. In the event of disputes over dismissal for committed violations, the head of the enterprise must prove that the misconduct was actually committed and could become the basis for terminating the relationship. In this case, the employer is obliged to comply with the deadlines specified in Art. 193 TK.

Single Violation

Clause 6 of the commented norm establishes cases in which an employee may terminate the contract if he commits a gross misconduct once. The list of violations is considered to be exhaustive. In some enterprises, the activities of personnel are associated with confidential information. Dismissal for its disclosure is allowed subject to a number of conditions. In particular, the corresponding obligation should be established in the contract, specific information that is not subject to public disclosure is defined, the information was entrusted to the employee in connection with the performance of his duties.

Conclusion

Dismissal of employees should be carried out exclusively on the grounds established by law. In this case, the employer is obliged to comply with the rules and deadlines. In particular, the head of the enterprise must notify the staff of upcoming events in writing against signature, issue an order / instruction. Equally important is the observance of the requirements of the law regarding payments to retiring employees.

Termination of the employment contract at the initiative of the employer must be carried out in strict accordance with labor laws. At the same time, in some cases, the employer will have to fulfill a number of mandatory conditions. More details about all the nuances are described in our article.

Grounds for termination of the employment contract at the initiative of the employer

Termination of labor relations between an employee and an employer at the initiative of the latter is permissible in a limited number of cases, a complete list of which is contained in Art. 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Consider everything legal grounds for dismissal at the request of the employer in accordance with Art. 81 of the Labor Code of the Russian Federation and taking into account the clarifications contained in the resolution of the plenum of the Supreme Court of the Russian Federation “On the application of the Labor Code by Russian courts” dated March 17, 2004 No. 2:

Liquidation of a company or termination of activities of an individual engaged in entrepreneurial activity. In this case, dismissal occurs even if employees are on vacation or on sick leave. Liquidation can occur both by a reasoned decision of the owners / fiscal authority, and when the company is declared bankrupt. The liquidation of an individual entrepreneur is associated with the recognition of it as insolvent by a court decision, refusal to renew a license for a particular type of activity, the death of a citizen or the termination of activities by an individual at his own request or by a decision of the Federal Tax Service. If we are talking about an employer-individual working without registering an IP, the termination of his activity is understood as the actual termination of business activities.
Reducing the staff or the number of employees (both legal entities and individuals).
Installed attestation commission inconsistency of the employee with the position he occupies due to unsuitability and lack of qualifications.
When changing the owner of the company (this paragraph applies only to the head, his deputies and chief accountant).
Failure to fulfill labor obligations many times without a good reason. In this case, the main condition will be the existence of a disciplinary sanction. To recognize the guilt of the employee, the employer will need to provide evidence that the employee, without good reason, did not fulfill (or improperly fulfilled) his labor obligations. Such violations include absence from the workplace for a long time (when performing their job duties), refusal to perform duties when labor standards change that occurred in accordance with Art. 162 of the Labor Code of the Russian Federation, refusal of a mandatory medical examination or special training during working hours.
Gross violation of labor duties by an employee, committed at least once. These include absenteeism (and even simply the absence of an employee at the workplace without good reason for more than 4 hours in a row), going to work drunk or under the influence of drugs / toxic substances, disclosure of secrets protected by law, theft, violation of labor protection requirements, resulting in aggravating consequences . The list of such gross violations is exhaustive.
Loss of trust as a result of guilty actions committed, including those not related to work (theft, corruption, etc.). The basis applies to employees serving the flow of cash and other material assets.
The commission of an act contrary to the morality of society - in relation to employees performing educational functions.
The adoption of a rash decision by the head (his deputies, chief accountant) of the company, which led to property damage.
Gross violation of their labor duties by the head (his deputy) of the company.
Presentation of false documentation during employment.

The procedure for terminating an employment contract at the initiative of the employer

All conditions that must be met for termination of the employment contract at the initiative of the employer, are reduced to the execution by the latter of a number of formalities and compliance with the legality of the ongoing dismissal.

In particular:

it is unacceptable to dismiss employees (except in cases of liquidation of the enterprise) at the moment when they are on vacation or on sick leave;
single mothers with children under 14 years of age (if the child is disabled, then before his 18th birthday), mothers of young children who have not yet turned 3 years old, and persons raising a child without a mother.

When dismissing employees due to reduction or due to disqualification (inconsistency with the position held by the results of certification), a special procedure must be observed. So, the employee must be offered (under his signature) the option of employment in the company for another position (suitable for him for health reasons and the volume of functions performed).

Moreover, a vacant position with a lower qualification and / or low pay can also be offered. The employee being terminated must be offered all the vacancies available in the locality with that employer. If the employee is not satisfied with such an offer, he is fired.

Upon dismissal due to loss of trust or an immoral act committed by an employee (clauses 7-8 of article 81 of the Labor Code of the Russian Federation) committed outside work or in connection with a situation not related to the performance of labor duties, it is necessary to ensure that no more than a year from the day the offense was discovered.

When dismissing an employee who has not yet reached the age of 18, except in cases of liquidation of the employing company, it is necessary to obtain the consent of the state labor inspectorate and the commission dealing with the affairs of persons under the age of majority.

Read our articles on how to pay compensation upon dismissal:

Results

The grounds and procedure for dismissal of employees by order of the employer must clearly comply with the letter of the law. If the employer does not take into account all the nuances specified in the labor legislation, the employee will be able to challenge his dismissal in court. The result of such a trial will be reinstatement, payment of lost wages and penalties.

Employers need to ensure that sufficient evidence base to confirm the guilt of an employee if he is dismissed due to his misconduct, negligence and violation of labor duties.

Between the employee and the employer are completed on the initiative of the first. At the same time, the letter of resignation is not always written voluntarily, it’s just that the parties agree on just such a way to end their relationship. After all, usually employees do not want their work book there was a record that the employment contract was terminated at the initiative of the employer.

The most common reasons for leaving

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

The organization or entrepreneur officially ceases to operate;

There are cuts in the state;

There was a change in the owner of the property of the organization (only deputies, the head and the chief accountant can be fired).

But it is not uncommon for dismissals to occur due to non-fulfillment of direct duties or a number of violations. Termination of an employment contract at the initiative of the employer without the consent of the employee is possible when:

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

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

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

Dismissal of management staff and employees with access to state secrets

Termination of an employment contract at the initiative of the employer can occur not only with ordinary workers, managers can also be dismissed from their positions without consent. In situations where the head, his deputies or accountant made a decision that resulted in damage to the integrity of the property of the enterprise, were grossly violated labor obligations, these employees may be fired. The legislation also stipulates the termination of the employment contract at the initiative of the employer with those who, by the nature of their activities, had access to state secrets, but lost the right to access them.

Probation

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