10 legal ways to fire an employee

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When the formal grounds for the dismissal of an employee is not present, have the support of the Labour Code (LC) of the Russian Federation.Articles for uvolneneniya there a little bit, but the ways to use them at the HR set.Forbes selected 10 of them are most popular.

agreement of the parties

the Labour Code Article 78

How does: the least "bloody" way of employee layoffs.It is used in cases where the employer can not find an article in formal TC.The most common causes of such separations are discussed tete-a-tete, but individual cases become public.

staff reduction

the Labour Code Article 81, paragraph 2

How does: First, the employer will have to prove that other suitable positions are fired there.Predendentu for dismissal should be granted to the list of vacancies corresponding to its jurisdiction - for example, a similar position, but in the regional branch of the company.If the employee refuses to move, you must obtain a written waiver from it.On the reduction of the employer must notify the employee in writing at least two months and not to open a shortened position for a year.In addition, to dismiss can count on compensation - up to three months' salary.


the Labour Code Article 81, paragraph 6, subparagraph a

How does: If an employee is absent from the workplace during the working day, or more than four hours, firing automatically.It is more difficult to dismiss an employee is often late, but it is possible.It is enough to make sure that the start time prescribed in the rules of internal labor regulations, the employment contract and the collective agreement, if any, to the company.When hiring a person should be familiar with these documents and signing.So the employer at the event will be able to prove that the employee knew about the start of the working day, but deliberately failed to comply with it.

mismatch officio

the Labour Code Article 81, paragraphs 3 and 5

How does.Cautioning employee for two months, the employer has the right to change his job description, for example, to add an item on the implementation of individual operating parameters that can be expressed in the treatment of a specific number of documents, reaching a certain income, and so on. D. Then, in the additional agreements to the labor contract with an employee prescribedConditions under which performance is failed.The values ​​of parameters can be removed at a convenient for an employer schedule: weekly, monthly, quarterly.If an employee is unable to cope, he endure a reprimand, severe reprimand, and then fired.

Failure to comply with work rules

the Labour Code Article 192

How does.As is the case with the start time of the day, information about the ban on smoking, the need to comply with the dress code shall be written into the internal regulations, which shall be signed by all the staff still in employment.It should be understood that the employer is not enough just to specify "dress code."He is obliged in writing to inform their employees, what kind of clothes considers appropriate authorities for a detailed description of a style and color of clothing.Changes in work rules introduced by the order, all employees must sign that familiar with the changes.A copy of the employee shall not be issued, however, for him to be made freely available to all employees, so that they have the opportunity to re-read the rules.


the Labour Code Article 81, paragraph 6, subparagraph B

How does.This paragraph is sufficient to dismiss the emergence of a single employee in a state of alcoholic, narcotic or other toxic substances in the workplace on the territory of the employing organization or facility where an employer on behalf of an employee must perform work functions.However, there are some nuances.To use this method, the employer will have to provide as proof of the results of medical examination of the employee.To do this, for example, to cause "first aid" to the office.But the idea may be meaningless, if the official time in the company lasts up to 18 hours, and the doctor came to the examination at 18.05.Most often, in a similar way layoffs are in taxi pools or carpool, where the state required the presence of a doctor.

disclosure of professional secrecy

the Labour Code Article 81, paragraph 6, subparagraph in

How does.Under Russian law, the disclosure of secrets protected by law (state, commercial, official and otherwise), which has become known to the employee in connection with the performance of his job duties, including the disclosure of personal information of another employee - a serious breach of work duties.This notion of personal data is very widespread, and theoretically can even dismiss a message to anyone home phone counterparts.If the ban on the disclosure of classified information is included not only in the job description, but also in the contract of employment of a particular employee, the court will certainly take the employer.

change the basic working conditions

the Labour Code Article 74

How does.The employer has the right to modify the timetable or the terms of payment, warning employees for two months.Here opens a huge space of possibilities for the employer and the employees are forced to either accept them or resign yourself.For example, an employee may be objectionable to offer piecework wages.The man, who often sit in an office drone, as a rule, refuses to pay such a change.You can also move production to non-stop schedule, and while many employees prefer to refuse night shifts.

Failure job duties

the Labour Code Article 81, paragraph 5

How does.This item allows you to fire an employee disciplined for repeated failure to perform job duties without a valid reason.Most often, the employer uses a formulation where other legitimate ways of dismissal have been exhausted or are not suitable.In this case, the employee may give an impossible task on terms, and then requested to provide an explanatory note on the causes of default.The moral and ethical aspect of such activities is, of course, a lot of questions.

Unsatisfactory results of certification

the Labour Code Article 81, paragraph 3

How does.This is an extreme measure, which is the employer for the dismissal of an employee, as certified to conduct long and costly.The company should be provision for certification and attestation commission should include persons with professional presentation on the work of employees, subject to certification.All decisions of the Commission reflects in the report.If unsatisfactory test results, the company has the right to fire an employee, but only after he refuses offered to him in the same company for a new job, appropriate qualifications or below, and with less income.

Articles Source: forbes.ru