How to issue ownership after the privatization of the apartment. Documents for registering a privatized apartment in Rosreestre. What laws are regulated

As for employees, and for employers, issues of abbreviation and dismissal are relevant, since the violation of the provisions of the Labor Code by both parties can turn into a number of trouble. A negligent person can remain without the livelihood due to its negligence, and the management of the enterprise will answer the court for unlawful actions against the employee who was illegally reduced (or in the event of a non-payment of the presidential benefit).

How to protect yourself if there is a dismissal? What articles of TK regulate the rights and obligations of citizens working in the enterprise? What categories are privileges to avoid dismissal? Such questions often ask people who had to face issues of dismissal from work. Consider the reasons affecting the dismissal of employees from work, as well as analyze the actions of a person who allows you to defend their rights.

What articles can be dismissed by an employee?

There are many reasons why the employer has the right to dismiss the staff from the work of the employee. You can be reduced for the emergence of the company in a state of alcohol intoxication, while reducing the state or liquidation of the organization, due to the absenteeism or due to the inconsistency of the position occupied, but this can be done, based on the provisions of the articles of the Labor Code of the Russian Federation.

It will be useful to recall that even after employment, personnel specialists will tell you, and can also familiarize themselves with the provisions of the Labor Code of the Russian Federation so that you know your rights and obligations.

Dismissal of employees when changing the owner of the organization. The 81th article clearly regulates the provisions that can be the cause of the dismissal of workers. If the company's owner changes, according to paragraph 4 of Article 81, only the existing head of the enterprise and its deputies can dismiss from work. According to this item, the chief accountant may also reduce, but this action does not apply to ordinary employees of the organization. Please note if the company is subject to liquidation, all categories of workers, including people with disabilities, pregnant women and women are subject to reducing. If the state is to reduce, then from work can not dismiss individuals with great continuous work experience.
Can the pregnant women and women in the maternity decree? According to the provisions of Article 261 of the TC, a pregnant woman can be dismissed from work only in the event of liquidation of the enterprise, while any form of the contract must be extended by the employer until the release of a pregnant woman is released. If the employee of the enterprise broke the discipline, it can get comments and reprimands, which is not prohibited by law. Also, the employer cannot dismiss the employee who stays in his own initiative maternity leave. The reasons for the reduction can only be the elimination of the enterprise, as well as the discovery of the employment of the woman (before the rest of the decree) on the fake documents or its immoral behavior in the enterprise.
Is it possible to dismiss a person for the discrepancy of the position? This argument is often used by employers who want to get rid of the employee and do not have good grounds To reduce it. Paragraph 3 of Article 81 clearly indicates the cause of the reduction: an employee who does not meet the position can be dismissed if its insufficient qualifications will be confirmed by a specially established commission as a result of certification. It is easy to guess that all threats from the management of the enterprise on the dismissal of man are not substantiated until the qualification is confirmed. To prove a person's inability to fully fulfill one or another work, an attestation commission, headed by the Deputy Head, is being created at the enterprise. It also includes the head of the department, which employs a subject, and a personnel specialist. Before conducting certification, the employee is notified about the upcoming exam for professional benefitness, and the corresponding order is drawn up. The task for the subject is prepared as part of it job description.

Tip: If you are confident and firmly know that the tasks of the certification are obviously compiled in such a way that it is impossible to fulfill them, it is necessary to write an appropriate complaint about labor protection inspection. The decision of the attestation commission in court should also be challenged.

From work, it is still possible to dismiss a person in the event that its translation (with written consent, of course) to other posts available in the reserve of the enterprise, is not possible. The management of the company in which you work can offer a similar job or a lower salary position. If no one of the proposed vacancies are suitable for the employee and he will refuse them in writing, then the leadership of the organization will have all legal grounds to dismiss a person from work.
Dismissal from work for being late and stay in a state of alcoholic intoxication. Regardless of the reasons for finding a job, you can not dismiss if it happened once and the owner of the enterprise (the head of the department) did not declare a reprimand in writing. If a rejection is recorded during the working year, which is regarded as a violation of labor discipline, then the company's management will be all grounds to dismiss you. This provision regulates P.5 of Article.81 TC. As for the appearance at work (or drinking alcoholic beverages, drug use in the enterprise in working time) In a drunk, according to claim 6 of the provisions of the "b" of the same article, the owner of the enterprise has the right to dismiss the employee on the identification of the precedent.
Reducing employees for non-fulfillment of official duties. If an enterprise employee is periodically (systematically) does not perform responsibilities assigned to it and has recorded disciplinary recovery, it can be fired from work (Article 192 of the TC). They are allowed in the form of crowds or comments. If an enterprise specialist made small misconduct, this is not a basis for his dismissal. Before he declared (recorded), the Labor recovery, the owner of the enterprise (head of the department) is obliged to demand a written explanation of the failure of the task. If an employee does not provide it within 48 hours, the management of the company is an act, while the disciplinary penalty must be applied no later than 1 month from the moment the precedent (offense). Please note that at the same time not taken into account the time of the employee's stay on sick leave or on vacation. The grounds for dismissal from work (according to paragraph 5 of Article.81) can be only repeated violation of labor obligations and non-fulfillment of them without valid reasons. If any, they must be stated in writing.
Reasons for disabled dismissal. If a working person has a disability, it can be dismissed if it does not correspond to the position being held or with a low qualification level (as we have said, this fact still needs to be proved). Also, the disabled person can be fired from work if the medical commission of the enterprise has reason to consider it incapable (or there is no possibility to translate into lightweight work in the units of the same organization).
Why can a single mother quit the law? A woman who raises a child (a few children without a legitimate spouse), have no right to dismiss from work while her children have reached 14 years old. If a single mother has a disabled child, it cannot be fired from work until the age of 18 reaching the age of 18. These provisions regulate Article 261 of the TC. Upon reaching the child (children) of the specified age, a woman can dismiss a woman from work on a general basis, while under Article 179 the owner of the enterprise has the right to give preference to the employee's qualifications, and not his social status (status).
Dismissal for theft and waste of the property of the enterprise. And again, let's turn over the clarifications to Article 81, in which it is clearly indicated that a person who has appeared to theft, theft and deliberate damage of the enterprise's property, if its wines are proven. The basis for dismissal is judicial decision, as well as a resolution of authorized persons of the enterprise. Most often, the precedent is solved by dismissing the employee who guessed the parties. It is advantageous and employer not to stain his own reputation, and the most reliable employee, which will allow him to get to another company. It should be understood that the employee will most likely receive.

It should be noted that if the employee of the enterprise is on vacation (educational, child care, the next), cannot be dismissed from work. By law, this may occur only in the event of the liquidation of the organization. The same applies to persons missing for health. It should be noted that it will be paid by the company provided that it was opened no later than the 30-day period from the moment of appeal to the medical institution until the employment contract is terminated.

Categories of citizens who can not be dismissed by law

If you are interested in who cannot be fired from work according to the law, it is necessary to know that there are categories of citizens who enjoy preferentially. When reducing the state (according to Article 179 of the TC), the advantages over the rest of the enterprise employees have persons showing the greatest performance of labor productivity, as well as high qualifications.

When choosing employees who need to be left at work, the owner of the enterprise, based on the provisions of paragraph 2 of Article 179 of the TC, takes into account a number of circumstances affecting the final result in the number of state. Employees who are predominant, who:

have on the content of more than 2 dependents;
are disabled people;
are the only miners in the family;
being employees of the enterprise, disability, injury and occupational diseases were disabled.

Also exists separate category Citizens who cannot be dismissed by law from work. These include inventors who workers who did not change the place of work after military service, as well as spouses of military personnel on the current service in military units and state institutions. According to clause 3. Article 179 TC The head of the enterprise may indicate a category of individuals in the labor contract that will be advantageous in the event of a reduction in the number of workers.

In drawing up an employment contract, the employer has the right to indicate the categories of persons who cannot be dismissed from work at the time of abbreviation, and also exist additional conditionspreventing staff reduction:

The irrelevance of grounds for reducing employees. In paragraph 5 of Article 81 of the Labor Code of the Russian Federation, cases under which the employee cannot be dismissed by law, if the state is planned. According to claim 5, the reduction is not subject to persons whose actions led to the loss of confidence. You can also be dismissed from the work of an employee at the initiative of the Chief, if the employee committed an immoral act not related to professional activitiesIf after it was detected a year and more.
Non-compliance special conditions For the dismissal of workers. If a minor employee works at the enterprise, it can not be dismissed by law, if there is no permission from the relevant authorities. According to Art. 269 \u200b\u200bTC Employer is obliged to obtain permission from the State Inspectorate of Labor, as well as commission on minors.
A deliberate decrease in the notification time of the employee (trade union) or the lack of a notice of the upcoming dismissal from work. The employer is obliged to notify the trade union on the massive reduction of the state at the enterprise on time no later than 3 months (according to Art. 82) prior to the start of dismissal. The same applies to the employee alerts (Article 71), which must be notified not later than the 3-day term, if during the test period it has not shown satisfactory labor results.

What you need to know all hired employees?

For each conscious person, it is important not only to save workplace, but also save a reputation. So that you do not have serious problems in the future in the enterprise, it should be carefully examined by the provisions of the employment contract with the moment of employment.

Also should pay attention to the internal regulatory acts. Carefully read general rules Labor regulations in the enterprise, specify the conditions and, find out whether employees are issued, and also specify the methods of issuing it (in cash, transfer to bank cardPayments in envelopes, premium, so on).

Many people, when signing the employment contract, neglect the familiarization with its provisions, which is rooted incorrectly, since the knowledge of their rights and obligations within the framework of the labor collective of a certain enterprise will solve many controversial issues if there is a high probability of dismissal.

Everyone should know when his working day begins and ends, the order of release on vacation and payment, etc. If there are no these points in the contract or they are unclearly formulated, it can cause certain difficulties at the time of settling their rights while reducing the state (employee).

The failure to appear on the workplace for a good reason must be documented. This will require a certificate from medical institution On visiting a doctor or written confirmation of stay in government agencies. In the absence of permits, the employee must write an explanatory note no later than 48 hours from the moment of fixed violation, which is mandatory condition To dismiss a person. After that, the employer may dismiss employee within 30 calendar days Since the detection of violations. If they are violated for terms, the employee will restore in the state in the previous position.

If the employee accuses the embezzlement of the property of an enterprise or employees, in its damage, then this fact can be confirmed. judicial bodies. Often, the management of organizations resorts in the literal sense to blackmail to dismiss them from work (of course, not by law). If the employee did not commit a crime in the workplace and his fault was not proven, he could not dismiss him. The employer may suggest to agree on the parties. Here it is necessary to decide that it is preferable - own reputation or office position.

If the employee is accused of appearing at work in a state of alcoholic or drug intoxication, then the fact of its inadequacy is still necessary to dismiss.

Note: For example, you are taking drugs based on alcohol, which is not aware of alcohol intake. In this case, it is necessary to take a corresponding document from a doctor indicating the specifics of treatment. And to dismiss a person from work, he must pass a medical examination, the results of which will prove involvement in drug or alcohol.

What to do if you face dismissal?

So, we found out that it is possible to fire from the work of a person, relying on the articles of the Labor Code of the Russian Federation, otherwise the employer will make unlawful actions and will be obliged to restore. If you think that the reduction is illegal, it is necessary to contact the labor protection inspection with the appropriate complaint. It can also be submitted to the court at the place of residence.

In the complaint, you need to write about the need for restoration in the former work, as well as indicate what you want to get compensation payment. Relying on the provisions of Article 392-393 of the TC, it is safe to declare that for the plaintiff (for you) procedures for the appeal state bodies Absolutely free, and all expenses and state duty will pay an enterprise.

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Try before dismissaling to inform the company's management about your intentions. Often, the employers go for concessions and can offer you either recovery in the organization or other vacancy. If you are not satisfied with the alleged entry in the employment record, it is worth trying to discuss its wording with the company's management. The counseling of a lawyer does not prevent, if you are threatened with dismissal on the article.

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Foundations for dismissal are several articles Labor Code. Why, only a part of them gained bad fame? Of course, only because it is they who are able to spoil the bare career barely began to essentially find a new job, spoil reputation and in particularly unsightly cases, create a situation where you cannot work in the specialty.

"Guilty" base of dismissal - those cases that are most often engaged in the labor inspectorate, the Commission on Labor Disputes and the Courts of General Practice. These are Articles 71 and 81 of Labor Law: Termination of the Agreement on the Employer Initiative. Besides them there are:

Termination of the employment contract by agreement of the parties, Article 78.
End of an urgent employment contract, article 79.
Termination of the contract between the employee and the employer on the initiative of the first party, Article 80.

We will talk about them another time, and in this article I'll figure out in detail who and how to dismiss "under the article", how to respond to the threats of unscrupulous employers and whether it is necessary to leave on your own desire, not wanting this.

○ So, can dismiss if you:

Pregnant woman and disturb labor discipline once or constantly?
No, the legislator has established a special legal field for such employees of Article 261 of the Labor Code of the Russian Federation. They can be fired only in the case when the company is liquidated or IP stops its work. Even if the contract is urgent, it does not stop, but should be extended before maternity leave on occurrence. Note or reprimand is not prohibited.
Are you on maternity leave?
And again on guard of your interests 261 Article that does not allow unnecessary initiatives of the employer. Exceptions, that is, there were cases of elimination, devices for work on sublayed documents, a re-violation during the year, an immoral act (for teachers-teachers).
Late to work?
Yes, you can be dismissed under Article 81, paragraph 5, but the administration must comply with one point - to declare a remark or reprimand during the year, preceding the violation of labor discipline, that is, one time was warned in writing - the second time will be fired.
Appeared at work in a state of alcohol intoxication, and simply speaking, for drunkenness?
Your "bad" Article 81, paragraph 6 part B. Moreover, it is necessary to break it for parting with the employer once, appearing on the territory of the enterprise or workplace in a drunken form, as well as in a state of narcotic or toxic intoxication.
Are you on vacation - next, educational, without saving or child care?
You cannot dismiss, except in cases of termination of the work of the enterprise or the elimination of a private entrepreneur.
Absent by health and eat sick leave?
The same answer as in the previous case, i.e. Only with the liquidation of the enterprise.
Installed disability?
Here, dismissal is possible, and in several common grounds: the discrepancy between the post, insufficient qualifications on the results of certification and medical examination (if there is no place to translate in the same enterprise).
Single mother?
You have protection in the form of 261 articles, however, until the child turned 14 years old (18 years of disabled). After that, all reasons can be used for dismissal. Even with a reduction, the employer must give preference to the high qualification of the employee, and not his social status, article 179 of the TC.
Serviceman?
For your dismissal there are no special obstacles, including "guilty" grounds.

So, we generalize the most frequent reasons for termination of the contract "under the article" without quoting the 81 article, but guided by personnel practice:

1) Mind of position on the results of certification, 81.3.

2) Repeated (repeated) violation of labor discipline or failure to comply with duties, 81.5.

3) The first, but gross violation: drunkenness, rushing, theft, guilty actions, disclosure of commercial secrecy, 81.6.

4) Amoral act for those associated with educational work, 81.7.

○ Is it possible to avoid dismissal on the article?

In order not to spoil myself a business reputation, you should carefully read the documents that you sign when admission to work is an employment contract, local regulations adopted at the enterprise, such as the rules of labor regulations, payment regulations.

This, of course, is not the most exciting and interesting occupation, however it can seriously help you in a dispute with an employer, when they threaten the dismissalSince stipulates your rights and obligations within this Labor Group:

The start time and end of work.
Lunch break.
Duration of vacations.
The procedure for notifying the guidance on the impossibility of proceeding to work and a number of useful moments.

If the employer has these internal documents There are no, the contract does not spend your responsibilities, time and place of work - this may be negatively affecting both sides of the employment contract.

Protection of the enterprise will leave the personnel and legal services, Consider your probable actions if you assume you can dismiss:

1) After a "absenteeism", the respectful reasons for the absence, better references from medical institutions or government agencies or written explanation. If not, then to comply with the right dismissal with you must claim explanatory Within two days from the moment of violation (and if you refuse to sign an act, no later than 3 working days) and within a month from the day the offense dismissed. Violation of the deadlines leads to the recovery of an employee at work.

2) When "repeated" at the administration, the organization should be issued an order for comment and reprimandAnd from the date of their submission should not pass more than one year.

3) The embems can only be confirmed by a court decision or by the Resolution of the Commissioner. If it is only a blackmail of the leadership in order to dismiss you "on our own", then decide how much you are the road work and reputation.

4) The loss of confidence either cannot be documented and only proven and fixed illegal actions give grounds for dismissal under Article 81, para. 7.

5) The appearance in a drunk also has its pitfalls - the employer is difficult to prove alcohol, toxic, narcotic intoxication without medical examination. An employee can explain its state of taking medicines necessary for health, mental state and other reasons. And if there is an opportunity not to undergo a medical examination - do not pass.

Issues of dismissal and reduction are relevant for both parties to an employment agreement. Violation legislative norms An employee or employer in the field of registration of the procedure for the rupture of labor relations may cause difficulties in the employee's further employment, as well as its financial losses due to payments not in full. For violation of the norms of the law, the employer can be attracted to administrative or criminal liability, the consequences of which may be legal proceedings and accrued financial sanctions. In both parties of the agreement, it is important to know for what reason can it be dismissed from the work of an employee on legal grounds?

Possible causes of dismissal

The list of all the circumstances that cause the rupture of labor relations is considered in the Labor Code of the Russian Federation. An employee may be dismissed after the expiration of the agreement, by agreement between the subjects of legal relations, as a result of the transfer to another employer, as well as at the request of the employee or at the initiative of the head of the business entity in view of certain reasons. The rupture of the employment contract is relevant with the refusal of the employee from the translation in another region, as well as to another workplace for health or in connection with reorganization activities in the company or force majeure.

The dismissal of an employee at the initiative of the employer is relevant in case of violation of the provisions of labor legislation, which eliminates the possibility of further cooperation of the parties. The rupture of the agreement can be implemented in connection with the non-compliance with the employee of the office, as well as due to the failure to fulfill their employment duties without any valid reason. The dismissal of the employee is issued in the event of a violation of the rules of labor regulations, labor protection and when making immoral actions, including in the workplace of alcohol or drugs. Fake securities provided by the employer, are the basis for considering the employment contract invalid.

What can fool

The rupture of the employment contract for any reason is carried out on a particular article of the Labor Code of the Russian Federation. From a legal point of view, there is no concept of "dismissal under the article". However, in practice, it applies to the termination of cooperation on the initiative of the employer due to gross violations by the employee.

How to dismiss on the article of the employee in violation of discipline

In the concept of many employers, various actions of workers related to their behavior can be attributed to violations of labor discipline. However, it is possible to dismiss all the provinces. Launching, non-compliance with the regime and recreation, unplanned breaks, conversations with other employees or smoking do not belong to the category of serious violations that could cause an inclusion of agreements.

The head of the business entity can dismiss the employee only for:

performance official duties in a drunk;
absentee;
lack in the workplace for more than four hours;
theft of property or its waste;
disclosure of information related to the category of commercial mystery.

Each violation should be not only identified by the company's head, but also documented. In the absence of papers, justifying the cause of the dismissal of a negligent employee, the decision of the employer may be challenged in court. In such a situation, by the court decision, he will have to pay compensation for wages to the employee who caused damage to him and cover the costs of conducting office work.

Dismissal for finding in the workplace in the state of alcohol intoxication

Each legislative section, an interpreting the cause of dismissal, has hidden nuances to challenge the decision of the company's head. It is difficult to see the worker in the passage or in the absence of the established time in the workplace if information on the exact place of work and about a specific time period is not displayed in the work contract, identifiable as workers. Employer's claims can acquire unreasonable status if an employee provides a certificate of temporary disability, the period of action covers the absence of a person in the workplace.

If the head of the organization, considers the actions of an employee in its behavior unacceptable, for which it is impossible to fire immediately after identifying a violation, it needs to establish the fact of events and document it.

The procedure may be attracted by the Commission created by the Order by the enterprise. Its representatives record the identified event in the form of an act. The document is the reason for the requirement of an employee of the explanatory note and draw up an order to make a warning, comment or evidence. When re-identifying a violation, the procedure is reused with the announcement of a strict proven employee. After the assumption of the third guidance, the employer has the right to legitimate the violator.

In the Labor Code, there is no concept of "dismissal under the article", since any of the dismissal occurs in accordance with the norms of a particular article of the TC. This concept usually includes such a dismissal that will have negative consequences For an employee and make it difficult for his further employment.

Usually dismissal occurs (formally) or software. In such cases, the employee can get some bonuses, guarantees, compensation. An employer can be sure that it will not be filed for a court..

Article 81 of the Labor Code describes cases when the employer may dismiss the employee on its own initiative:

When changing property owner, a new owner has the right to dismiss the director and his deputies, as well.
When according to the certification.
For non-fulfillment of official duties (repeatedly), if any.
For one-time gross violation.

Most often, it is the last three points called the dismissal "under the article". This type of cessation of labor relations prefer to avoid both employees and employers.

At first, this may be negatively affected by the future employment, and for employers it is important to observe all the formalities so that the employee cannot submit it to him for unlawful dismissal.

Bases for dismissal

Labor legislation protects very well the rights of workers, and sometimes, even if there are weighty reasons for dismissal, it is difficult to make and not get for it.

Therefore, employers introduce a hard system of control so that every fact of violations is fixed, and the employer has evidence of the legitimacy of dismissal. It can be:

the check time of arrival time to workplace and care. Usually the secretary or other responsible person has a magazine in which the employee puts the date, the time of joining work, its signature. It can reveal both late and;
system of setting a plan of tasks and a report. An employee weekly or once a month applies to the head of work plan for the upcoming period, and then set time Must report how he managed to fulfill all the tasks.
for each violation (driving, late) or non-fulfillment of plans is written by an explanatory note. It is registered in the secretariat and is stored. At the same time, for the first time, the leader may write out only reprimand, and when repeated violations dismisses.
for gross violations, the Certificate may be a protocol or a certificate of a doctor (with alcoholic intoxication), a court decision (during ravings, embezzlement).

All this will be a written confirmation of the legitimacy of dismissal.

Discrepancy occupied by position

Dismissal at this point is possible only if the employee certification was carried out and the commission revealed its discrepancy between the position. The obligation and the frequency of its conduct should be due to the law (for doctors, teachers, prosecutors, etc.) is either reflected in local regulatory acts.

Certification confirms the level of employee qualifications.

If he does not match the work performed by him, the employer is obliged to offer all the vacancies that have a suitable employee and are in this area (in the same settlement), as well as which he allows him to occupy his state of health.

If there are no such vacancies, the employer has the right to dismiss the employee.

Unfiguring Responsibilities (repeated)

Violation of the requirements of the job instruction. This may be late or refusing to perform any duties.
Failure to observe local regulations. For example, the refusal to pass the medical examination.

It is important that violations must be fixed and repeated more than once. After the first violation, it must be punished in the form of a disciplinary penalty (for example,). In the case of its absence, dismissal is wrong.

This procedure should be framed no later than a month from the moment of discrofing. That is, after the fact of the violation, a much larger amount of time can pass, but if it was discovered later, then from this point on, you need to have a penalty for the month. If the misconduct has passed more than six months, the recovery cannot be made. In the case of inspections and revisions - no later than two years.

In the case of appeal to the court (about and disturbing, for example) time court proceedings Eliminated from these deadlines. In case of discovery, the offshore is written. An employee must write an explanatory within a few days after detection. If he refuses to spell, it is necessary to draw up an act and further an order for recovery. Familiarize the employee under the signature.

If he does not want to put a signature, a new act is drawn up.

If the violation is repeated, you must perform the same procedure and dismiss the employee.

Single gross violations

Absenteeism. This is the absence of an employee on site without good reasons (all day / shift or more than four hours in a row). The employer may simply fix the driving and arrange immediate dismissal. It is important to follow the rules for a break. The employee must clarify the cause of the absence. If it is recognized as disrespectful, then you can make a penalty - a reprimand or if the employer is desired. There are a number of rules that must be observed: a). The contract must be reflected a working schedule to be confirmed that the employee was absent during working hours; b). Also, the employment agreement should also be specified, which is considered a worker's workplace.
The appearance at work is in a state of intoxication (, narcotic).
Disclosure of the service (, state and other) secrets protected by law. This may be information about wages, features of doing business in the enterprise.
Embezzlement, waste.
Security disorder, entrusted serious consequences (accident or accident).
Making an immoral act (if the employee performs educational functions).

For all listed items, disciplinary penalties must be imposed with subsequent dismissal. The rules for the imposition of recovery should be followed (under Article 193 of the TC).

Order of dismissal

If the employer has decided to stop labor Relations With an employee, and made sure that the worker does not belong to the category not subject to dismissal at this item, it must issue an appropriate order indicating the cause - one of the above items.

It also indicates the basis - this may be service and explanatory notes, acts. The order is given the instructions to the relevant departments (staff and accounting service) on issuing documents and the complete settlement of the employee.

The reason indicated in the order, in exactly the same wording is made in labor book In the Count "Cause of Dismissal" with reference to the article TC.

The employee must familiarize themselves with the order for three days after its signing.

The calculation implies not only payments, but also to hold, if there is foundations. Payments for salaries and compensation for unused vacation Produced on the day of dismissal.

Consequences for employee

With further employment, the potential employer can explore. An entry on dismissal with the wording "For a gross violation" can form a negative impression of an employee. But it should not always be decisive to make a decision on admission to work.

Responsibility for illegal dismissal

It can be detected during a planned or unscheduled inspection of labor inspection. Also, an employee may file a complaint to the prosecutor's office, and she will consider his work itself, or will send a complaint to the inspection.

When identifying violations, the protocol is drawn up, and the prosecutor makes a decree To excite the case on fact administrative offense.

If the dismissal is recognized illegal, the employee will have to be. It can also be paid compensation in the amount of average earnings. The formulation of the cause of dismissal and date can also be changed. The employer expects a fine of up to 200 thousand rubles.

If this violation was committed in relation to a pregnant woman or mother of the child up to 3 years, the employer may wait for criminal liability and a fine of income up to 18 months or mandatory work up to 180 hours.

Possible employers' errors when dismissing "under the article"

Incorrect compliance

For example:

The employee was dismissed with the wording of "gross violation of labor discipline" for the drive. He filed a lawsuit on the illegality of dismissal. The court satisfied his complaint, since in the implementation of the inspection, errors of the recovery procedure were identified: the order for dismissal was issued to the employer's explanatory note from the employee. Since at the time of the sentence, the term of the employment contract is expired, the employee was not restored in his position, but the formulation of the cause of the dismissal was changed to the "expiration of the labor agreement".

Lack of base for dismissal

For example:

The employee was fired for a repeated impairment of labor discipline. Disciplinary recovery was applied to it: the first is a reprimand, the second is a reprimand with the subsequent dismissal. The court considered the complaint and recognized the first reprimand illegal, and, despite the legitimacy of the second proven, the dismissal was recognized unreasonable, as it could only be committed for a repeated violation. The employee was restored in the workplace and compensation was paid to him.