How to fire an employee in 2021: step-by-step instructions for employers

A trade union member contacted the regional GMPR organization:

– A new workshop manager arrived, and the relationship with him did not work out. Lately, he has increasingly suggested that I resign of my own free will. Or, he says, you will leave under the article. I have been working at the company for a long time, and I would not like to leave. What should I do in such a situation, how can I protect myself?

How to properly fire an employee

The grounds for termination of an employment contract are provided for in the Labor Code.
One of them is the statement of the employee himself. Also, the initiator of dismissal can be the employer (organization or individual entrepreneur), including in a situation where the employee has committed one or another violation or misconduct. In addition, termination of the employment relationship is possible regardless of the wishes of the parties to the contract - for example, if its validity period expires. Draw up and print an employment contract

For each reason, there is a list of steps that the employer must take to ensure that separation from the employee is legal. Let's look at the most common reasons for layoffs.

Dismissal of an employee at his own request

An employee has the right to demand termination of the employment contract at any time. It is enough to submit an application at least two weeks before the expected date of departure (Article of the Labor Code of the Russian Federation). For some categories of employees, a longer (for example, one month for the head of the organization) or shorter (for example, three days for those on probation) notice period has been established.

But this does not change the essence of the procedure. Dismissal at will does not require the consent of the employer. He is obliged to dismiss the employee after the warning period established by the Labor Code expires (or at an earlier date if the parties have agreed on this).

ATTENTION

There are cases when an employee has the right to receive payment on the exact day he indicated in the application. In particular, retirees and students who resign due to enrollment in an educational organization have this privilege.

Calculate all payments for a dismissed employee in the web service Calculate for free

Where else to look for justice?

1. A trade union
   can come to the employee’s defense . Management cannot make an independent decision to dismiss an employee without the approval of the trade union body (Article 374 of the Labor Code of the Russian Federation). The trade union has the right to appeal against management's actions.

2. Labour Inspectorate . If you believe that you were fired illegally, you can file a complaint with the labor inspectorate. She, in turn, will check whether management’s actions comply with labor laws. If violations are detected, the TI will oblige you to be reinstated in your workplace.
3. Court .
   Your disagreement with illegal dismissal is a reason to go to court. Contact the judicial authorities at the place of your employer. ADVICE : Apply to the court at the same time as applying to the labor inspectorate.

According to experts, the inspection by labor authorities is conditional, without thoroughly considering the reason for dismissal and without focusing on details.

Dismissal at the initiative of the employer

An employer has a much wider range of grounds for terminating an employment relationship. For example, he has the right to dismiss an employee who has not completed the probationary period, violated labor discipline, or submitted false documents during employment.

The reason for dismissal at the initiative of the employer may also be circumstances that do not depend on the behavior of the employee: reduction in the number of employees or staff of the enterprise; Liquidation of company. And it is permissible to dismiss the head of an organization at any time: both on the grounds specified in the employment contract, and without explanation (Article 278 of the Labor Code of the Russian Federation).

Draw up and print out an employment contract and order for free using Form No. 1-T

Next, we’ll talk in more detail about why you can fire an employee, and about cases when an employment contract can be terminated due to circumstances beyond the control of the parties. Each reason has its own procedure.

Useful video

We recommend watching a video where a psychologist explains the rules of conduct in case you are left without work:

ATTENTION! When you lose your job, everything that happens seems like the end of the world. Loans, utility bills, store receipts turn into an anchor that can drag you to the bottom. Even in such a situation, you should not despair. Every medal has a bright side.

With enough effort, you will be able to resolve payment issues and quickly find a new vacancy, which may be even more interesting than before. Follow the advice of psychologists, distract yourself from sad thoughts, set goals and go towards them, then everything will definitely work out.

Dismissal for absenteeism

The Labor Code considers absenteeism a gross disciplinary offense. Its commission allows the employee to be punished by dismissal (subparagraph “a”, paragraph 6, part 1, article of the Labor Code of the Russian Federation). But in order to terminate the contract, a number of actions must be taken.

Let's start with the fact that in most cases, dismissal for absenteeism can only be done within a month from the day the person was absent from work (Part 3 of Article 193 of the Labor Code of the Russian Federation, subparagraph “a” of paragraph 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 ; hereinafter - Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2). In this case, you must adhere to the procedure established by the Code for clarifying the circumstances of this offense.

First of all, it is necessary to document absenteeism itself—the employee’s absence from the workplace. In this case, it is advisable not to limit yourself to a mark on the time sheet, but to draw up additional documents: a memo addressed to the head of the company and an employee absence certificate.

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REFERENCE

Absenteeism is the absence of an employee from the workplace without good reason, not only during the entire shift or day (regardless of their duration), but also for more than 4 hours in a row during the shift (day).
Then you need to ask the person to explain the reasons for his absence. Here you need to take into account the following nuances. If the employee is ready to write an explanatory note, there is no need to draw up a document requesting it. In this case, the very presence of an explanatory note will confirm that it was requested.

If the situation is conflicting or the employee is clearly stalling for time without drawing up an explanation, the request should be made in writing and handed over to the employee for signature. And if you refuse to affix it, prepare a corresponding act. The employee’s refusal to give an explanation is also confirmed by the act.

The truant is given two working days to draw up an explanatory statement (Part 1 of Article 193 of the Labor Code of the Russian Federation). Only those days that are working days for the employee are counted.

Once explanations have been received, it should be assessed whether the reason for the person’s absence from work is valid. The employer has the right to resolve this issue at its own discretion. However, it must be remembered that if the employee does not agree with the dismissal, then the court may have to assess the validity of the reason for absenteeism. Therefore, it is better to immediately interpret any controversial issues in this part in favor of the employee.

ATTENTION

If the reason for absence is recognized as valid or it is decided to limit oneself to a reprimand, the employment relationship with the employee is maintained, but the employer has the right not to pay for the period of absence.
This follows from the provisions of Articles 129 and 132 of the Labor Code of the Russian Federation. The explanation is simple - the person did not fulfill his job duties, and there were no legal grounds for maintaining his earnings. You can issue a dismissal order in the following cases: the reason for absenteeism is obviously unexcused, or the employee refused to give an explanation, and the employer does not have other information confirming that he had good reasons for absence. It must be remembered that dismissal is an extreme measure of punishment. This means that you first need to evaluate the possibility of using other measures: a reprimand or a reprimand. It is necessary to take into account the severity of the offense, the circumstances of its commission, the employee’s previous behavior and his attitude to work (clause 53 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2). The reasons indicating the impossibility of applying a more lenient punishment are best reflected in the dismissal order.

Compose and print an order for free using form No. T‑8

IMPORTANT

You cannot fire an employee who is on vacation or on sick leave for absenteeism (Part 6 of Article of the Labor Code of the Russian Federation).
In this case, you need to wait until the employee appears at work again. At the same time, these periods are not taken into account when calculating the monthly period allotted for dismissal (Part 3 of Article 193 of the Labor Code of the Russian Federation). But it is prohibited to fire a pregnant woman for absenteeism under any circumstances. Even if the employer did not know about her pregnancy (Article 261 of the Labor Code of the Russian Federation, paragraph 25 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1) Also see “What to do if an employee disappears” and “Dismissal for absenteeism: what is the best way to do it” register to avoid problems with SZV‑M and SZV‑STAZH.”

Don't panic

When you lose your job, there are a lot of feelings and thoughts that come up. There is self-pity, anger at the whole world and a desire to hide. In such a situation, the right attitude can make a huge difference.

ADVICE! Do not give in to panic, become depressed and mope. You need to pull yourself together and begin to act actively, minimizing the consequences of dismissal.

It is worth looking at the situation from a different angle. The employer did not lay off a valuable employee, but gave him the opportunity to grow in his career and develop as a person.

Set yourself a goal and start going towards it. Choose a task that will serve as a powerful motivator to get out of the current situation.

Depression - how to live on?

If a person is fired or laid off at work, he often faces depression. Rarely does anyone experience a situation painlessly. Shock, confusion and anger precede a state of apathy and blues.

To start moving forward, to turn the page, you will have to accept a new state:

1. Give yourself the opportunity to feel sorry for yourself and cry.
2. For new goals and active actions, strength is needed that will appear only after a line has been drawn, a conclusion about the past life.
3. You shouldn’t stay in one place for a long time, but rushing won’t do any good.

The depressive state slowly develops into a desire to live and act again.

Quarantine and pandemic

Unfortunately, many people were left without work during quarantine - what to do in such a situation and where to look for help?

BY THE WAY! First of all, you should find out whether you are entitled to payments from the state. During the economic crisis, various benefits may be introduced: both for the unemployed citizen and for children.

In addition, charitable social organizations and foundations often provide material and other assistance. For example, they give out free clothes or food. Support for older people is actively practiced.

You should know that you can quickly find a new job. Due to the spread of the coronavirus, there is an increased demand for employees in certain industries:

• couriers;
• cashiers, salespeople, baggage handlers in convenience stores;
• taxi drivers;
• call center workers.

How to pay off a loan or mortgage?

One of the most difficult questions a person faces when losing a job is how to pay off a loan.

IMPORTANT! Huge bills without the possibility of payment and any source of income become causes of depression, depression and loss of self-confidence. Despite the complexity of the situation, even a way out of it can be found.

If you lose your stable income, you should use the following options to solve the problem. Here are the simplest ones:

• Seeking help from relatives or close friends.

They could help you out by borrowing the amount needed to pay off the loan for a month. During this time, you can make every effort to find a new place and get a source of income.

• Debt restructuring.

This approach is considered reasonable in the event of job loss. It is necessary to immediately inform the bank about the complexity of the situation. Most often, credit institutions meet clients halfway and offer favorable conditions for both parties.

This could be an increase in the payment term with a reduction in the amount of the contribution or a temporary exemption from paying the body of the debt for a specified period with the payment of only interest.

BY THE WAY! The bank always meets the client halfway, trying to help resolve the situation in the most painless way for itself. Therefore, you should not be afraid to ask for help. Everything can be resolved in the best possible way without loss of property, funds and nerve cells.

If your debts are mounting and your financial situation is becoming too difficult, there are other options. But they are extreme and unfavorable:

• Selling an apartment with a mortgage.

For many, getting rid of mortgaged property may seem like a way out of the situation, but there are many pitfalls. If there is no other housing, you may end up on the street.

In addition, when selling an apartment, you can get a much smaller amount compared to a mortgage. In this case, you can be left without property and with debts.

• Late payments.

You can hide from the bank, look for a new job and hope there are no consequences. This approach can also end in disaster: litigation, high interest on overdue payments and alienation of property.

To protect yourself from such situations, you can use the following option in advance:

• Credit insurance.

This way out of a job loss situation will have to be foreseen in advance. The bank offers the client insurance in case of liquidation of the enterprise, reduction of position and large-scale upheavals in the country.

If you have unemployment insurance, the insurance company assumes payment obligations. At the time of applying for a loan, you will have to spend additional money.

After dismissal, you will need to contact the employment center and obtain an insurance certificate. Such documents should be taken monthly to extend payments.

Dismissal for violation of labor discipline

This is possible if the employee has an outstanding reprimand or reprimand. If such an employee commits a repeated offense, the employment contract with him can be terminated (clause 5, part 1, article of the Labor Code of the Russian Federation). But only if no more than a month has passed since the violation of labor discipline, and a more lenient punishment than dismissal cannot be applied to the employee.

REFERENCE

Disciplinary punishment (reprimand or reprimand) is automatically lifted after one year, if the employee has not been punished again during this period.
No administrative document is needed. At the same time, the employer has the right to issue an order or instruction on the early removal of punishment (Article 194 of the Labor Code of the Russian Federation). The dismissal procedure in this case is similar to the dismissal procedure for absenteeism. That is, it is necessary to comply with the procedure and deadlines provided for in Article 193 of the Labor Code of the Russian Federation. So, first you need to record the disciplinary offense itself. This is recognized as failure to fulfill or improper performance by an employee of his duties (Article 192 of the Labor Code of the Russian Federation).

These responsibilities can be established in an employment contract, job description, or local regulations, which the employee is familiar with by signature. And some are enshrined directly in the Labor Code (for example, Article 214 of the Labor Code of the Russian Federation stipulates the responsibilities of an employee in the field of labor protection).

Thus, a violation of discipline will be the employee committing actions that are prohibited by the employment contract, job description, local regulations or the Code. Or failure to perform actions that the employee is obliged to perform by virtue of the listed documents. In particular, systematic lateness to work (early leaving) or refusal to go on a business trip are violations of labor discipline.

Violation of discipline can be recorded by various documents: a memorandum, an act, a time sheet, etc. Next, as in the case of absenteeism, it is necessary to obtain an explanation from the employee of the reasons for the misconduct and resolve the issue of their validity. Then, taking into account all the circumstances of the case, as well as the employee’s previous behavior and attitude to work, a decision on punishment must be made. If it is impossible to apply a reprimand, including a repeated one, you can terminate the contract.

Prepare a termination agreement for free using a ready-made template

If you want to successfully maneuver between the reefs of labor legislation, follow the rules

Rule #1.

Always set a probationary period for the employee and document this in writing in the employment contract or probation agreement. This way you will evaluate the employee’s business qualities and will be able to legally part with incompetent or unsuitable applicants.

Rule No. 2.

If you are sued, check whether the employee complies with the deadline for filing a complaint. The deadline has been missed - declare the case terminated. The limitation period for individual labor disputes is 3 months, for claims for reinstatement at work - 1 month from the date of dismissal.

Rule No. 3.

Prepare thoroughly for the meeting. The consequences of litigation for the employer depend on the decision made. If it is in favor of the employee, you will have to pay the average salary for the employee’s forced absence from the moment of dismissal until the court’s decision. Also, employers are often charged compensation for moral damages, legal costs, compensation for unused vacation (at the rate of 2.33 days for each month worked), and state fees for considering the case in court.

If the decision is in favor of the employer, you will have to bear the costs of conducting the case in court and the services of a third-party lawyer or attorney yourself. It is impossible to recover money spent on court from a former employee (Articles 88, 94 of the Code of Civil Procedure of the Russian Federation, 393 of the Labor Code of the Russian Federation).

Rule No. 4.

Do not keep an employee’s work record book, even if he owes the company money. The employer is obliged to issue the employee a work book on the last working day. If this is not done, the court will consider that the employee could not get another job and will oblige you to pay the average salary for the period while you had the work book (Article 80 of the Labor Code of the Russian Federation).

Rule No. 5.

When recovering material damage from an employee, prepare documents confirming the employee’s guilt and the amount of losses caused to the organization. If guilt must be confirmed by official government documents, get them.

Rule No. 6.

The maximum forced deduction is 20% of salary after deduction of personal income tax. In some cases established by law, the payment amount can reach 50%. If an employee pays alimony or other payments under writs of execution, the amount of deductions cannot exceed 50%. To speed up compensation for damage, the employee and the employer enter into a voluntary agreement under which the withholding percentage is set at a larger amount or the employee transfers his property to the organization to pay off the debt.

Rule No. 7.

Comply with labor laws. Keep track of deadlines for drawing up employment contracts, deadlines for paying wages, maintain documentation on labor protection, and make entries in work books on time. Be attentive and careful so that the State Tax Inspectorate cannot find fault with you and impose a fine on formal grounds.

Reduction in the number of employees

Dismissal “due to reduction” (Clause 2, Part 1, Article of the Labor Code of the Russian Federation) is currently used quite often. As a rule, the reason for downsizing is a reduction in the volume of work (optimization of the number of employees), and for staff reduction - a change in the type of activity (dismissal of all employees who held the relevant positions). There are no fundamental differences in the procedures for dismissal on these grounds.

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The decision on the need for layoffs is made exclusively by the employer (Part 1 of Article of the Labor Code of the Russian Federation, Clause 10 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, determination of the Constitutional Court of the Russian Federation dated July 15, 2008 No. 413-O-O). However, he must be ready to justify the feasibility of this measure (determination of the RF Armed Forces dated December 3, 2007 No. 19-B07-34).

Under no circumstances can you be fired “due to reduction” (Article 261 of the Labor Code of the Russian Federation, Article of the Federal Law of June 12, 2002 No. 67-FZ):

• pregnant women;
• women with a child under three years of age;
• single mothers raising a disabled child under the age of 18 or a child under the age of 14;
• workers raising a motherless child under 14 years of age (disabled child under 18 years of age);
• the sole breadwinners of a disabled child under the age of 18 or a child under the age of three in a family where there are three or more young children, if the second parent (legal representative) does not work;
• an employee who is a voting member of the election commission - until the end of his term of office;
• an employee who is a member of the election commission with the right to an advisory vote - during the election campaign.

Next, you need to determine which of the remaining employees has a priority right to keep their jobs. According to Article 179 of the Labor Code of the Russian Federation, the employer is obliged to retain those who have higher labor productivity and qualifications. And with equal productivity and qualifications, the following persons have protection from reduction:

• family workers with at least two dependents;
• the only breadwinners in the family;
• employees who received work-related injuries and occupational diseases during work;
• employees aimed at improving their skills without interruption from work;
• disabled people of the Second World War and combat operations to defend the Fatherland;
• other employees who are granted such a right by the collective agreement.

Even with a small staff, downsizing involves significant paperwork. First, you will have to determine those who cannot be fired on this basis at all (and for this, you may need to request additional documents from employees). Then, collect data on the productivity and qualifications of other employees. Analyze this information and distribute employees to the appropriate levels. Within each level, select groups of beneficiaries. Then identify those who will remain working and those who will have to say goodbye.

The latter must be given notice of the upcoming dismissal “due to reduction”. The date of termination of the contract indicated therein should not be earlier than 2 months. The notification must also be sent to the employment service authorities.

IMPORTANT

Data about each laid-off employee is transmitted to the employment service, in particular, about his position, profession, specialty and qualification requirements (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1).
In 2021, employers were required to post this information in the all-Russian vacancy database “Work in Russia” (clauses 1 and 4 of Decree of the Government of the Russian Federation dated April 12, 2020 No. 486). It is expected that this duty will be extended into 2021. For more information about the “Work in Russia” service, see “The transition to electronic personnel documents and the “Work in Russia” service: what employers need to know.” Order an electronic signature to use the “Work in Russia” service Receive in an hour

All layoffs must be offered available vacant positions - both those corresponding to their specialties and qualifications, as well as lower-ranking or lower-paid ones. The main thing is that they are suitable for the employee due to health reasons, and the place of work is in the same area (the possibility of transfer to another area must be agreed upon in advance in a collective or employment agreement). If new vacancies become available during the two-month notice period, they must be offered to redundancy candidates first. And only then can you replace them with new people.

Although the Labor Code does not require confirmation that laid-off employees have been offered vacancies, it is better to issue notifications and hand them to employees against signature. And if you refuse to sign, draw up an act.

ATTENTION

Employees who are on sick leave or on vacation can also be fired “due to reduction.”
But only after the period of rest or temporary disability ends. Also see “Payments when laying off an employee in 2021” and “How, according to the new rules, to pay compensation when reducing staff or liquidating a company.”

Trying to negotiate with management

Both parties to the employment relationship are usually always aware of the upcoming dismissal. The employee is obliged to notify in writing of his intention to terminate cooperation with the enterprise. At the same time, the administration reserves the right to assign so-called detention. The management of a legal entity is also responsible for advance warning of its actions in relation to employees - citizens should be notified no later than one month in advance. However, if there is a trial for guilty actions, dismissal can be issued retroactively.

Agreement with management

The agreement with management implies agreement on further actions on the issue of dismissal. This option is perfect for cases where the administration of the enterprise does not have sufficient authority to formalize “guilty” dismissals. In this case, a competent employee still has the chance to make a proposal to formalize the agreement.

If an employee has some materials for the organization, they can be presented as an argument. In this case, the situation cannot be called a blackmail background, since the administration of enterprises that violates labor laws is simply warned about possible legal proceedings.

Dismissal upon expiration of the employment contract

The expiration of the period for which the employment contract was drawn up gives the employer the right to dismiss the employee (Clause 2, Part 1, Article of the Labor Code of the Russian Federation). But there is an important nuance: dismissal will not happen automatically. If the employment relationship continues after the period specified in the contract, it will be transformed into an unlimited term (Part 4 of Article of the Labor Code of the Russian Federation). Then dismissal on this basis will become impossible.

ATTENTION

Termination of the contract should be formalized on the very day when its validity period expires, even if this day is a weekend (appeal rulings of the Moscow City Court dated January 24, 2020 in case No. 33-7835/2020, 2-1694/2019 and the Krasnoyarsk Regional Court dated 08/12/15 in case No. 33-8661/15)
Preparations for the dismissal of a conscript must begin at least three calendar days before the date of separation. It is during this period that a notice of termination of the employment contract should be given (sent) to him. The only case when this is not required is the dismissal of a temporary employee who performed the duties of an absent employee (Part 1 of Article of the Labor Code of the Russian Federation). A link to the notice details (date and number) will need to be given in the dismissal order.

IMPORTANT

Leave, including for child care, or illness of a temporary employee is not an obstacle to his dismissal due to the end of the contract.
There are specifics to the dismissal of pregnant conscripts, including those who are already on maternity leave. Thus, the employer must extend the employment contract with such an employee until the end of pregnancy (maternity leave), if there is an application accompanied by a medical certificate of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). Accordingly, if a pregnant employee has not submitted these documents, then her dismissal upon expiration of the contract will be legal.

The second feature concerns the dismissal of a pregnant woman at the end of the contract, which was signed during the absence of the main employee. Such an agreement can be terminated provided that the pregnant conscript refuses the proposed transfer to another job, or there are no vacancies in the company at all (Part 3 of Article 261 of the Labor Code of the Russian Federation).

The dismissal order must be issued on the last day of the employment contract. This also applies to “conscripts” hired during the absence of the main employee - the dismissal order is drawn up on the day the permanent employee leaves.

Draw up and print out an employment contract and order for free using Form No. 1-T

Snowfall prevented a worker from leaving the village for work

The employee went out of town for the weekend in his personal car, but was unable to return on the working day as snow fell and the roads were covered.

The employee informed the immediate head of the department about his absence. The municipal service managed to clear the street in the village on a working day between 16.00 and 17.00.

An employer fired an employee for absenteeism.

The court's decision

In this case, the courts' decision was ambiguous. For example, the first and appellate instances recognized the dismissal as legal, considering that the employee should be more careful and take measures to return to the city in advance in case of bad weather.

But the Supreme Court took a closer look at the details. He noticed that the employee was making attempts to go into the city, and therefore called a tractor to clear the road.

As a result, the Supreme Court sent the case for a new trial.

Dismissal due to health reasons

This is possible in two cases. The first is that the medical commission recognized the employee as completely disabled (clause 5, part 1, article of the Labor Code of the Russian Federation). The basis for dismissal will be a medical document that states a 100% loss of the ability to work. An order to terminate the contract must be issued immediately after the employee submits a medical report. The day of dismissal will be the last day on which the employee actually worked (Article 84.1 of the Labor Code of the Russian Federation).

The second case is that, in accordance with a medical report, the employee cannot perform his current job (a transfer to another is required), but he refused to change jobs, or the company does not have suitable vacancies (Clause 8, Part 1, Article of the Labor Code of the Russian Federation). There is a nuance here. Dismissal on this basis is possible if, based on a medical report, the employee needs to be transferred for a period of more than four months. If the rehabilitation (habilitation) program is set for a shorter period, and there is no possibility of transfer, then the employee should simply be suspended from work (Part 1 of Art., Part 2 of Article 212 of the Labor Code of the Russian Federation). But you can't fire him.

IMPORTANT

The four-month rule does not apply to the head of the organization, his deputies, or the chief accountant.
They can be dismissed “for health reasons” even if, according to a medical report, the transfer is required for a period of less than four months (Part 4 of Article of the Labor Code of the Russian Federation). After the employee has brought a medical report, from which it follows that he cannot perform current duties, he should be suspended from work (Part 1 of Article of the Labor Code of the Russian Federation). Next, you need to offer another job that is suitable for medical reasons, or notify about its absence. The Code does not establish the period and procedure for such notification. It is better to do this immediately and in writing. The dismissal order must be issued on the day the employee became familiar with the notice of the absence of a suitable vacancy, or an act of refusal to familiarize was drawn up. If there is such a job, but the employee does not want to transfer, the dismissal order should be issued on the day a written refusal to transfer is received.

Freelancing is a great alternative

There are people who, after being fired from work, do not want to return to the office. Usually these are young mothers on maternity leave who want to spend more time with their family. This category also includes students, retirees and people who simply wanted to change their lives. They view dismissal not as humiliation, but as an opportunity to become better and develop themselves.

The reasons are the reluctance to adapt to the work schedule, long commutes to work, denying oneself travel, and working for pennies. Other motives are the desire to work for yourself, travel, adapt to your biorhythms and constantly increase your level of income.

At first, such a candidate experiences fear. A new, completely unknown field, without a stable income and experience in it. The main thing is to have a great desire to learn new things and be prepared for the fact that at first such work will not provide the desired amount of money.

In most cases, the activities of freelancers consist of fulfilling individual orders. If he has done a high-quality job several times, there is a high probability of receiving an invitation for long-term cooperation with one customer. Gradually gaining experience, you can reach the desired level of income.

There are now many options for learning any remote professions. These are usually courses that are delivered online for the convenience of the participants. Their advantage is that during the training process the employee “recovers” the cost of the course and, if successfully completed, can acquire customers.

The main benefits of freelancing are listed below.

1. Flexible work schedule. Typically, a freelancer has no designated working hours. He has a specific deadline, which is agreed upon in advance with the customer. And how he distributes his time is his own decision.
2. Ability to work from anywhere in the world. For a freelancer, the main thing is to have access to the Internet and installed programs for work.
3. No age restrictions. The employer often does not care what the age of the performer is. The main thing is that he does his work on time and efficiently.
4. Convenient payment methods. It is carried out through different payment systems to a bank card. Payment terms are agreed upon in advance. Usually it occurs after a cycle of orders has been completed and the project has been completed. If the cooperation is long-term - several times a month or at the request of the employee.

The qualities that freelancers should have are responsibility, the ability to get things done, communication skills, organization, and the desire to develop. To be a good performer, you need to constantly work on yourself. There are many options for this, most of which are free.

Such work will provide an opportunity to gain financial independence and allow you to organize vacations at a convenient time.

Dismissal for inadequacy of the position held

Termination of the contract due to inconsistency with the position held or the work performed (clause 3, part 1, article of the Labor Code of the Russian Federation) is possible if two conditions are met. First, the employee’s non-compliance is confirmed by a conclusion issued based on the results of certification. Secondly, the employee refused to be transferred to a job suitable for his health (including a lower-ranking and lower-paid one), or the company does not have such a vacancy.

But even if these conditions are met, it will not be possible to fire pregnant women and women with a child under 3 years of age “for unsuitability.” Also, single mothers raising a child under the age of 14 (a disabled child under the age of 18), and other persons raising such children without a mother, are not subject to dismissal on this basis. And equally, they are the sole breadwinners of a disabled child under the age of 18 or a child under the age of three in a family where there are three or more young children, if the second parent (legal representative) does not work (Article 261 of the Labor Code of the Russian Federation). The guarantees mentioned above for members of election commissions also apply (Article Law No. 67-FZ).

It is also impossible to part ways “due to inconsistency” with young employees who do not have the necessary production experience due to their short work experience. This is reported in the report of Rostrud. And it is permissible to dismiss on this basis those who are on vacation or sick leave only at the end of the relevant period (subject to the conditions listed above).

REFERENCE

Non-budgetary sector organizations, as a rule, independently develop and establish the procedure for conducting employee certification (Part 2 of Article of the Labor Code of the Russian Federation).
It is also possible to send employees for an independent assessment of qualifications (letter of the Ministry of Labor dated September 18, 2019 No. 14-3/B-742). The Labor Code does not establish a deadline for the dismissal of an employee who has not passed the certification. But it is in the employer’s interests to do this faster - on the day when the employee refused to be transferred to another job (has read the notice about the absence of a suitable vacancy).

Psychologist's advice

After losing your job, opportunities open up. To avoid missing them, use the advice of a psychologist to help you choose the right path:

1. Start actively looking for work by introducing yourself and your experience. Start actively communicating, ask your friends for help. Go to specialized forums and social networks. Don’t be afraid to write directly to the employer, put aside embarrassment and doubts.
2. Assess opportunities based on your previous field of activity. Think about areas where you could find a suitable position with minimal training. This approach will expand the list of suitable vacancies.
3. Find time for family, friends and favorite things that you put off every time while working. Pleasant activities will help distract you from negative thoughts and cope with depression.
4. Take references from previous jobs from people who know your strengths and are willing to vouch for you. A positive reference will significantly speed up the process of finding a new place.

If your relative is left without work, it is very important to support him. First of all, we need moral help. However, advice on finding a new place will also not be superfluous.

Dismissal for loss of confidence

This is a special basis for terminating a contract with an employee who directly services monetary or commodity assets, that is, receives, stores, transports, distributes them (clause 7, part 1, article of the Labor Code of the Russian Federation, clause 45 of the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2) . At the same time, the corresponding responsibilities must be documented - in an employment contract, job description, agreement on full financial responsibility, etc.

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A loss of trust can be indicated by guilty actions (cheating, weighing, fraud, etc.) committed by an employee both at the place of work and outside of it. It does not matter whether these offenses were related to the performance of labor duties or not (clauses 45 and 47 of the resolution of the Plenum of the RF Armed Forces No. 2). However, the employer must have documents that confirm not only the action itself, but also the employee’s guilt. These documents must be referred to in the dismissal order.

The specific procedure for dismissal depends on the circumstances of the case. So, if these actions were committed while performing job duties, then dismissal will be a measure of punishment for a disciplinary offense. This means that the employer must comply with the procedure and deadlines for bringing to responsibility. It is necessary to record the misconduct itself, obtain an explanation, assess the validity of the reason for the misconduct and make a decision taking into account all the circumstances of the case, the personality of the employee and his attitude to work (Articles 192, 193 of the Labor Code of the Russian Federation).

In other cases, dismissal can be carried out without additional procedures - on the basis of documents confirming the employee’s guilt. But here, too, there is a time frame: an order for dismissal for actions that were committed outside the place of work or at the place of work, but not in connection with the performance of job duties, can be issued no later than one year from the day the offense was discovered (clause 47 of the resolution Plenum of the Armed Forces of the Russian Federation No. 2).

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Registration of benefits

Unemployment benefits can be a saving grace while you are looking for a job. Its size varies greatly depending on the city, region and even country.

The sooner after losing a job an employee contacted the employment center, the larger the amount of payments he can count on. In addition, the amount of the benefit can be significantly influenced by the level of wages at the last place of work.

If a person lost his job a month ago, he will receive the maximum benefit. If you apply after a few years, you can only count on the lower limit of payments.

You can obtain unemployed status with payment of benefits if you send the necessary package of documents to the regional employment center:

1. photocopies of completed pages of the work book;
2. copy of passport;
3. a certificate from the last place of work about income for the last six months or a year, depending on the territorial location of the subject.

ADVICE! You can consult a specialist at the employment center about the complete list of required documents by calling, in a personal consultation, or obtaining information on the official website of the authority.

Who should not be fired

The Labor Code established an absolute ban on dismissal at the initiative of the employer of two categories of workers. The first is pregnant women (Part 1 of Article 261 of the Labor Code of the Russian Federation). The second is for employees on vacation (including study leave) or on sick leave (Part 6 of Article of the Labor Code of the Russian Federation).

Less stringent restrictions apply to:

• women with a child under 3 years of age;
• single mothers raising a child under the age of 14 (a disabled child under the age of 18);
• father or other persons (including guardians and trustees) raising a child under 14 years of age (disabled child under 18 years of age) without a mother;
• the sole breadwinner of a disabled child under the age of 18 or a child under the age of three in a family where there are three or more young children, if the second parent (legal representative) does not work.

These employees can only be fired for certain violations. For example, for absenteeism, repeated violation of work duties, or due to loss of confidence (Article 261 of the Labor Code of the Russian Federation).

IMPORTANT

The prohibitions do not apply to dismissal “at one’s own request.”
On this basis, you can part ways with any employee at any time. Another exception is the liquidation of a company (without transferring its rights and obligations to other persons) or “closing” an individual entrepreneur (see “How to “close” an individual entrepreneur in 2021: step-by-step instructions”). In these cases, contracts with all employees are terminated (clause 28 of Resolution of the Plenum of the RF Armed Forces No. 2). Specifics regarding the dismissal of employees may be contained in other laws. In particular, as already mentioned, Law No. 67-FZ prohibits the dismissal of members of the election commission. However, the Constitutional Court of the Russian Federation clarified that this restriction is not absolute: if an employee has committed an offense not related to the exercise of the powers of a member of the election commission, then he can be dismissed in the general manner (decrees dated 02.28.17 No. 280-O and dated 10.26.17 No. 2330- ABOUT).

In conclusion, we note that strict adherence to the procedures for dismissing employees in 2021 will allow you to avoid claims from the state labor inspectorate and fines for non-compliance with labor legislation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Also, you will not have to incur additional financial expenses to pay for the period of forced downtime for an employee if his dismissal is considered illegal.