By terminating an employment contract due to repeated failure by the employee to fulfill his labor duties in accordance with clause 5, part 1, art. 81 of the Labor Code of the Russian Federation, an employer may make a number of mistakes. As a result, he will have to not only reinstate the employee in his position, but also pay compensation for moral damages and wages for the period of forced absence from work.
The functions of team members are determined by Article 21 of the Labor Code of the Russian Federation, an employment contract, job description, PVTR or other employer’s regulations. The employee must sign documents that describe his responsibilities.
If only the position is indicated in the TD, and the functions are specified separately, the person must be familiarized with this document and signed. This is usually a job description. If the employer forgot to specify the duties, then he will not be able to hold him accountable for the employee’s failure to fulfill his job duties (Article 81 of the Labor Code of the Russian Federation).
What is the danger of dismissal without the employee’s consent?
It happens that an employee does not want to write a statement of his own free will and leave peacefully. The entrepreneur has to look for an article for dismissal. An entry in the work book becomes a stigma that makes it difficult to find a new job. And the person devotes himself to the showdown: he finds a lawyer, complains to the labor inspectorate, the prosecutor’s office and the court.
If the employee is dismissed due to mistakes, they will be returned. The employer will pay wages during the dispute under Art. 234 of the Labor Code of the Russian Federation and a fine to the state under Art. 5.27 Code of Administrative Offenses of the Russian Federation. And for the dismissal of a pregnant woman and a woman with children under three years of age, a criminal case is opened under Art. 145 of the Criminal Code of the Russian Federation.
It's safest to do this. Dismiss for a real reason and correctly draw up personnel documents.
Results
The report plays an important role in terms of timely informing management about the quality of labor discipline in various departments of the company. The document requires a mandatory indication of all facts indicating that one or another employee has neglected the quality of performance of duties, as well as the recommendations of the note writer regarding subsequent personnel decisions.
You can get acquainted with other nuances of personnel management at Russian enterprises in the articles:
- “Deduction for vacation used in advance upon dismissal”;
- “Internal labor regulations - sample 2021.”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Some employees should not be fired
Not everyone can be fired without a statement of their own free will. There are workers with immunity.
pregnant women - Art. 261 Labor Code of the Russian Federation. Even for absenteeism, rudeness and shortages at the cash register. The exception is when the company closes.
Mothers with children under three years old, and without a husband - up to fourteen years old, cannot be laid off or fired for low qualifications. A complete list of protected family workers is in Art. 261 Labor Code of the Russian Federation.
on sick leave or vacation is not fired. We have to wait to go to work. Vacation is considered not only four weeks a year, but also maternity leave, days without pay and going to session.
A minor is fired only with the consent of the labor inspectorate or commission for minors in his city - Art. 269 Labor Code of the Russian Federation. If officials are against it, the person continues to work.
