Dismissal on the initiative of the employer

It's no secret that the relationship between the employer and the employee is not always cloudless. Conflicts can arise between the employer and the employee for various reasons and can develop according to the most unpredictable scenarios. As a rule, the apogee of any production or corporate conflict is the dismissal. In addition, we should not consider the conflict as the main reason for dismissal, in the overwhelming majority of cases, behind it is professional negligence and negligence.

Relations between the employee and the employer are subject to labor law and are regulated by the Labor Code. Already from the very title of this document it is clear that it is he who can help in resolving labor conflicts and avoid their development. But if circumstances so develop that you still have to resort to dismissal, then also it is worth remembering that dismissal is regulated by law and involves a number of nuances. Well, if your company has a strong trade union leader and organization that can actively intervene in labor relations regarding the protection of the rights of the latter, if they are violated. Some, relying on their knowledge in the field of labor law, and somewhat exaggerating them, are victims of administrative arbitrariness.

The law provides that dismissal on the initiative of the employer occurs for various reasons. At the same time, one should not consider that dismissal is an act that only harms the employee, cases when his dismissal becomes a boon for the employer and for the whole work collective are also frequent . Thus, the RF Labor Code sets out the grounds that are intended to ensure the interests of the employer and, in fact, protect him from negligent employees. Specific grounds for which dismissal is permitted on the initiative of the employer, provides art. 81 of the LC RF. This type of dismissal, therefore, and received in the use of the name "dismissal under the article."

According to this article, an employment contract between an employer and an employee may be terminated if:

- liquidation of the enterprise;

- in view of the discrepancy of the employee's hired employee position;

- staff reduction;

- due to inconsistency in the quality of the work performed by the employee due to low qualifications;

- dismissal at the initiative of the employer is allowed with the change of the owner of the enterprise;

- if the employee repeatedly violates labor discipline and the existing penalty;

- with a single but gross violation;

- because of absenteeism (this is considered the absence of an employee at the workplace for more than four hours);

- when a hired worker appears in a state of intoxication;

- when the employee commits theft;

- in case of violation of safety rules in the performance of labor duties;

- in the case of an employee engaged in servicing values, guilty actions;

- in the performance of an act incompatible with the norms of morality and morality;

The same article provides for cases when dismissal is initiated by the employer of a higher-level organization or institution, the leader himself:

- when making a decision that caused material or financial damage;

- at a single, but such violation, which entailed severe consequences.

The dismissal procedure prescribed in the law provides for the implementation of a number of compulsory actions on the part of the employer. First of all, a corresponding entry must be made correctly, containing a reference to the rule of law in the workbook. It is important to take into account and pay attention to the fact that the day of dismissal is considered a working day, and therefore this date should be indicated, as the last day during which the employee performed his duties. The procedure also provides for issuing to the employee, at his request, a copy of the order, with which he must be acquainted with the signature.