There are three ways to punish employees who violate labor law- this is a remark, a reprimand, a dismissal. The Labor Code of the Russian Federation (part 1 of article 192) prohibits the application of disciplinary sanctions that are not provided for by federal laws.
Disciplinary sanctions
An employer may punish an employee for improper performance of labor duties (Article 192 of the Labor Code of the Russian Federation). The degree of censure is proportional to the severity of the offense committed.
1. The lightest punishment
The violator of production rules receives penalties:
- Comment.
- Reprimand (simple, strict).
- Warning about insufficient service competence.
If we are talking about a violating serviceman, he may, as a punishment for a disciplinary offense, be deprived of another dismissal, badge an excellent student, appoint an outfit out of turn, demote and military rank and etc.
According to the law, for one misdemeanor, the violator faces only one punishment. But there are no restrictions on the number of punishments (for various violations). The employer has the right not to ask too strictly for the employee’s minor sins and limit himself to an oral remark, but he also has the right to reprimand for each misconduct.
How many reprimands are needed for dismissal, Art. 81 of the Labor Code of the Russian Federation. Reprimand and reprimand are the easiest disciplinary punishments. However, under certain conditions, one reprimand is enough to fire the violator.
2. The most severe punishment
If the disciplinary offense is serious, the employee will be fired. The grounds for dismissal are specified in Art. 81 of the Labor Code of the Russian Federation.
Can be fired for:
To issue an order to apply disciplinary action the manager needs to competently draw up, having prepared a documentary base, such as: 1) sources fixing the misconduct (memorandum, act of the commission); 2) notification of the employee about the need to write an explanatory note; 3) in the absence of an explanatory note - an act on this; 4) in case of refusal to sign an order for reprimand by an employee - also an appropriate act.
- Repeated non-fulfillment of labor duties without good reason and the presence of a reprimand.
- Single gross violation labor duties.
- For making an unreasonable decision by the heads of departments that caused damage, violation of their official duties.
- For the loss of trust.
- Committing an immoral act by an employee working in the field of education.
If the leader decided to part with an inveterate violator, you need to do this not bypassing statutory rules. Otherwise, the dismissed person may apply to the court. If he considers the claim of the dismissed person justified, the employer will have to cancel the punishment, pay legal costs, moral injury and so on.
Dismissal from office for one-time gross violations
Such violations are:
- Absenteeism, absence from the workplace without good reason for more than 4 hours.
- Being in the workplace in a state of intoxication.
- Violation of the confidentiality regime in relation to information obtained during work, disclosure of personal information about another employee.
- Theft, embezzlement, intentional damage to property, if the fact is recorded and confirmed by a court decision.
- Failure to comply with labor protection standards, resulting in an accident, accident, catastrophe, etc.
- When performing transactions with in cash organizations have been mistreated and trust has been lost.
As you can see, the law allows the application of the most severe penalty - dismissal - for a violation committed once, if it is included in the list established by the legislator.
Dismissal for reprimand
A reprimand is a verbal reprimand. If there are legal grounds, dismissal for a reprimand follows. The Labor Code of the Russian Federation determines how many times you can be reprimanded before an employee can be released from work.
When the reprimand is considered extinguished. To announce a reprimand, the leader issues an order and acquaints the violator of discipline with it against signature. If within a year from the date of the announcement of the reprimand, the employee has not committed a single disciplinary offense and has not had penalties, the reprimand is considered extinguished. If an employee constantly does not fulfill his duties, violates the schedule, and at the same time has an outstanding reprimand, the employer may dismiss such an employee (clause 5, part 1, article 81)
Can they get fired for two reprimands? As established by law, they can be fired for one reprimand if it is not paid off, and the employee is noticed in another violation.
The procedure for dismissal of an employee under paragraph 5 of Article 81 of the Labor Code of the Russian Federation
Some facts
Prior to the issuance of an order to apply a disciplinary sanction, an employee is required to present a written explanation (Article 193 of the Labor Code of the Russian Federation). With it, the employee can explain his misconduct, indicating good reasons for committing it. Labor Code The Russian Federation does not explain in what form the manager should request this explanation. Therefore, if the employee is ready to present an explanatory note, the requirement in writing may not be compiled. If the conflict is quite serious, then it is better to draw up this requirement in writing and give it to the employee against signature. If the employee refuses to provide a signature on the demand, an appropriate act must be drawn up.
Getting to work, everyone must get acquainted with their official duties against signature. This is necessary so that in the future the violator can be held accountable. The employee is also explained after how many reprimands they can be fired in accordance with labor legislation.
If the employee is aware of the internal work schedule And official duties, but does not fulfill them or performs poorly, this qualifies as a violation of labor regulations and gives the right to dismissal.
Failure official duties allowed only if there are good reasons
Dismissal for unfair performance of duties should be formalized as follows:
- Clarify to which category of workers the violating the schedule belongs. Art. 261 of the Labor Code of the Russian Federation, it is not allowed to dismiss pregnant women and women with small children.
- Prepare a document confirming that the offense has been committed again.
- Check if a year has passed since the announcement of the previous reprimand.
- If more than a year has passed since the date of receipt of the first reprimand, the employee cannot be fired, a new reprimand can be issued.
- Take a written explanation from the employee (Article 193 of the Labor Code of the Russian Federation). If an explanation is not given within 2 days, an act is drawn up.
- Check if the reason for committing the offense was valid.
- Write an order for dismissal, familiarize the person being dismissed with it against signature. If the employee refuses to sign the order, an act is drawn up.
Make a settlement with the employee and return his labor with a record of the reason for dismissal and the norm of the article of the Labor Code of the Russian Federation.
Features of disciplinary sanctions are discussed in the video
What entry is made in the labor dismissed for violation of discipline
In the case when the employer does not want to continue working with an undisciplined employee, there is no point in declaring another reprimand for misconduct. Reprimand and dismissal are types of disciplinary action. According to the law, the same offense cannot be punished twice.
Having announced a reprimand, the employer will not be able to fire the unwanted employee, at least until he again commits a violation. Therefore, if there is a desire to part with the employee immediately, after another violation, it is necessary to prepare an order for dismissal.
Dismissal in the case of a strict reprimand, other non-existent disciplinary sanctions, and also when a reprimand is indicated outside the normative framework, can be quite successfully challenged by the employee in court.
In this case, the court may oblige the employer to restore the employee to the previous workplace by force. If the organization does not do this, it will need to pay the employee wages for all the time that he was not present at work, although by virtue of a court decision he had to be there (Article 396 of the Labor Code of the Russian Federation).
At the same time, a corresponding entry is made in the work book of the dismissed person. It reflects:
- date of dismissal;
- statement of the reason for dismissal;
- reference to the law on the basis of which the employment contract was terminated;
- dismissal number.
The employer, when signing the dismissal order, must remember the validity of such an action. If an employee is dismissed on the grounds that are not specified in the norms of the Labor Code and are not sufficient for dismissal, the decision can be appealed to the state labor inspectorate, commission on labor disputes, in a court.
We are ready to answer your questions - ask them in the comments
The list of cases of application of dismissal as a disciplinary sanction is clearly outlined by the Labor Code and is exhaustive. Incorrect application of this type of penalty can lead to its appeal in court and the reinstatement of the employee in his position and, accordingly, the payment of compensation for forced absenteeism. And payment for forced absenteeism is made from the date of issuance of the dismissal order: only from that time absenteeism is forced.
Consider the grounds for applying dismissal as a disciplinary sanction.
Paragraph 5 of Art. 81 of the Labor Code of the Russian Federation provides for the termination employment contract for repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction.
In order for such a dismissal to be recognized as legal, the following conditions must be met simultaneously:
1) the employee has a disciplinary sanction for the last working year, it has not been removed or canceled;
2) the employee has committed a disciplinary offense without good reason;
3) the employer requested the employee to provide a written explanation of the causes of the labor offense no later than one month from the date of discovery of the misconduct and six months from the date of its commission (two years upon revision)
4) if the employee is a member of a trade union, then the opinion of the trade union must also be taken into account.
In the dismissal order, in this case, the number and date of orders on previously imposed disciplinary sanctions, the essence of the misconduct, the date and circumstances of its commission, the consequences, the absence of good reasons, the absence (presence) of the employee's explanation should be indicated as the basis.
Paragraph 6 of Art. 81 of the Labor Code of the Russian Federation provides for the commission of a single gross violation of labor duties by an employee as a ground for dismissal.
Paragraph 6 of Art. 81 of the Labor Code of the Russian Federation establishes the following grounds for dismissal.
1. Absenteeism (clause "a") - absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift).
In paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 17, 2004 No. 2, it is indicated that dismissal on this basis can be made for the following violations:
a) leaving work without a valid reason by a person who has entered into an employment contract for an indefinite period, without warning the employer about the termination of the employment contract, as well as before the expiration of the two-week warning period (see Article 80 of the Labor Code of the Russian Federation);
b) absence from work without valid reasons, i.e. absence from work during the whole working day (shift), regardless of the length of the working day (shift);
c) the presence of an employee without good reason for more than four hours in a row during the working day outside the workplace;
d) unauthorized use of time off, as well as unauthorized leave on vacation.
TO good reasons the absence of an employee at the workplace, the court usually considers the following confirmed by documents or testimonies:
sickness of an employee;
Transport delay in case of an accident;
Accidents in the employee's home, etc. circumstances.
2. The appearance at work in a state of alcoholic, narcotic or other toxic intoxication (clause "b").
An employee who appears at any time of the working day (shift) in a state of intoxication, the employer is obliged to remove him from work on that day (shift). The dismissal of an employee is issued by order. If the employee was not suspended from work, the evidence for this reason is a medical report, an act drawn up at that time, testimonies and other evidence. In any case, it is necessary to draw up an act on the commission of a misdemeanor.
Note that according to the law, it is possible to prove the fact that an employee is intoxicated without a medical opinion, but in practice this is quite problematic.
3. Disclosure of secrets protected by law - state, commercial, official and other, which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee (clause "c").
Here it is important to assess the following circumstances: does the organization have a trade secret protection regime, is the employee familiar with it, is the employee allowed to access information constituting a trade secret, etc. If at least one clause of the Federal Law “On Trade Secrets” is not observed, dismissal such grounds would be deemed unlawful.
4. Commitment at the place of work of theft (including small) property of others, its waste, deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of the relevant administrative (clause "d").
Here, the key point is the existence and entry into force of an act of an authorized state body - all internal documents (memos, inventory acts, etc.) have no force for dismissal on this basis.
5. Violation of labor protection requirements by an employee, if this violation entailed grave consequences or knowingly created a real threat of such consequences (clauses “e”), if it was established by the commission or the labor protection commissioner.
Serious consequences include: an accident at work, an accident, a catastrophe, the presence of which (or the presence of a known real threat of their occurrence) must be proved by the employer when considering a dispute in court.
The Labor Code also provides the following grounds for dismissal for a single gross violation of labor duties.
The commission of guilty acts that give rise to a loss of confidence in him on the part of the employer (clause 7 of article 81 of the Labor Code of the Russian Federation).
It is possible to dismiss on this basis only an employee who directly serves monetary or commodity values, regardless of what type of liability (limited or full) is assigned to him.
Distrust of the employee must be proved by the employer (acts on the calculation, weighing, shortage, etc.).
Commitment by an employee performing educational functions of an immoral offense incompatible with the continuation of this work (clause 8, article 81 of the Labor Code of the Russian Federation).
An immoral offense is one that is contrary to generally accepted morality (appearance in public places in a state of intoxication, obscene language, a fight, degrading behavior, etc.). Misdemeanor can be committed not only at work, but also in everyday life.
The employer will have to establish both the fact of the misconduct itself and the circumstances preventing labor activity this employee as a result of such misconduct.
Dismissal of the heads of the organization (branch, representative office), their deputies and chief accountants for making an unreasonable decision that resulted in a violation of the safety of property, its misuse or other damage to the property of the organization (clause 9 of article 81 of the Labor Code of the Russian Federation).
The groundlessness of the decision is a subjective concept, therefore it is evaluated by the employer. However, if the employee disagrees with this assessment and a labor dispute arises, it is the employer who will have to prove the employee’s guilt.
A single gross violation of their labor duties by the heads of organizations (branch, representative office), their deputies, chief accountants (clause 10, article 81 of the Labor Code of the Russian Federation).
The obligation to prove that such a violation actually took place and was of a gross nature also lies with the employer.
In accordance with paragraph 49 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, as a gross violation of labor duties by the head of the organization (branch, representative office), his deputies should, in particular, regard the failure to fulfill the duties assigned to these persons by the employment contract, which could lead to harm health of employees or causing property damage to the organization.
Repeated gross violation of the charter during the year educational institution a pedagogical worker (clause 1 of article 336 of the Labor Code of the Russian Federation).
Sports disqualification for a period of six months or more, as well as the use, including a single use, of doping agents and (or) methods by athletes (Article 348.11 of the Labor Code of the Russian Federation).
When an employee is dismissed for any of the above reasons, the terms and rules for applying disciplinary sanctions established by Articles 192 and 193 of the Labor Code of the Russian Federation must be observed.
Forms of disciplinary sanctions that can be applied to employees of an enterprise or organization are defined in the Labor Code of the Russian Federation. This is a reprimand, remark and dismissal due to serious violations of discipline on the part of the employee. Dismissal for a disciplinary offense is considered legal if the formalities specified in the Labor Code of the Russian Federation are observed.
The Labor Code of the Russian Federation establishes several forms of disciplinary sanctions applicable to employees:
- Reprimand, that is, imperious condemnation of the actions of an employee in certain situations. The employee is obliged to explain to the employer in writing the reasons for his actions or inactions.
- Comment. The employer points out an error in the work of a person, as well as the need to correct shortcomings.
- Dismissal. Termination of employment relations due to serious violations of discipline by the employee.
The law allows only three forms of disciplinary action. The rest, such as fines, deductions from wages, deprivation of bonuses, are illegal, even if they are reflected in regulations local character. Dismissal for disciplinary action is an extreme measure of influence on a person. In practice, a person commits such acts that, in the opinion of the employer, are illegal. Thus, further working relations with such an employee cannot be continued. As a result, the employee is fired from the company.
How many disciplinary offenses do you need to get fired?
The imposition of disciplinary sanctions is regulated by 193 Art. TK RF. The employer has the right to apply to the employee only the previously described forms of disciplinary action. This remark, reprimand and dismissal. In order to impose a penalty, it is necessary to confirm the fact of violation of labor discipline. The algorithm of actions depends on what misconduct the person committed at work. It doesn't matter how many wrongdoings an employee has committed. One is enough to get fired. Although in practice a person is fired after the second committed guilty act at work.
According to Article 81, clause 5 of the Labor Code of the Russian Federation, an agreement between an employer and an employee of an enterprise or organization can be terminated after the employee has repeatedly failed to fulfill his labor duties, if he has a disciplinary sanction. If we talk about the literal interpretation of this legal norm, it turns out that it is possible to dismiss a person for a second committed offense in the presence of an existing disciplinary sanction. But according to judicial practice, it is usually required that the employer provide evidence in court that indicates not only that a person stumbled, but also explained the severity of his act, the consequences for the company. In addition, the behavior of the employee preceding offenses, as he previously treated his labor duties (paragraph 53 of the Decree of the Plenum Supreme Court RF dated March 17, 2004 N 2 (as amended on September 28, 2010).
If the court decides that the misconduct committed by the employee is insignificant for employers, it does not give rise to negative consequences, then dismissal is not recommended for a particular employee. For example, when considering a controversial issue of dismissal, the court may take the side of the plaintiff (employee) even if he has disciplinary sanctions. And the decision of the judicial authority may be due to the fact that the court did not take into account the person’s previous merits at work, his behavior earlier, etc.
Despite the fact that labor legislation does not define the exact number of disciplinary actions after which an employee can be fired, arbitrage practice shows that a few are quite enough to dismiss a person under clause 5, part 1, art. 81.
The list of disciplinary sanctions described in the Labor Code of the Russian Federation is open. This means that other measures of influence may be established for individual employees by charters and regulations. For example, according to 79-FZ, this is incomplete official compliance, exemption from a civil service position to be replaced.
IMPORTANT: it is forbidden to apply penalties not provided for by the Labor Code of the Russian Federation, as well as industry laws !!
Grounds for dismissal
An employee can be fired only if there are grounds. They are defined by law. The grounds for dismissal may be committed disciplinary offenses by employees who already have punishment for similar acts in the reserve. In addition, such an employee has an outstanding penalty. You can also be fired for absenteeism, appearing at work in an alcoholic, narcotic state, disclosing trade secrets, committing theft, deliberate destruction of the employer's property.
And also possible:
- dismissal of the head of a branch (organization), deputies or chief accountant for making a decision (unreasonable), which entailed a violation of the safety of property, misuse of property, other damage to the organization;
- dismissal of the head of the company (organization);
- dismissal of a teacher (another employee associated with pedagogy) for a repeated gross violation of the charter of an educational institution within 12 months;
- dismissal teacher for committing within 1 year repeated violation the charter of the institution.
- refusal of an employee to perform work that is dangerous to his life and health (Article 220, part 7 of the Labor Code of the Russian Federation);
- refusal of a person to perform heavy, dangerous work not provided for by an employment contract (Article 220, part 7 of the Labor Code of the Russian Federation);
- participation in strike actions (Article 414, part 2 of the Labor Code of the Russian Federation).
IMPORTANT: One punishment is provided for one offense. When punishing an employee for dishonest performance of work, it is necessary to understand that labor obligations must really be assigned to the person in strict accordance with the employment contract and job description. Otherwise, the employee has the right to appeal against the imposition of a disciplinary sanction on him, saying that he was forced to perform duties not provided for by the contract and other act.
If evidence of the employee's guilt is collected, a disciplinary sanction is imposed on him, about which an order is issued in any form. If a disciplinary sanction is the basis for the dismissal of a person, then another order is already issued. This is the T-8 form.
Documents required by the employer for legal dismissal:
- employment history;
- medical book;
- copies of documents (issued by the employer upon request from the employee).
The employer draws up for the employee upon dismissal an order to terminate the employment contract, a note-calculation, a work book, and a personal card of the employee.
The order of form T-8 is a unified written document on the dismissal of an employee. It is issued on the basis of a written application from the employee, if desired, to terminate labor Relations. Upon dismissal for disciplinary action, the order has certain features. As a basis for dismissal, it prescribes a reference to Art. 81, in particular, paragraph 6 and give the text about the repeated violation of discipline by the employee, failure to fulfill his duties, etc.
The work book is issued at the time of termination contractual relations, previously concluded with the employer. Exception from general rule is a situation where the dismissed person did not work, but has the right to retain average earnings. extradition work book occurs simultaneously with the commission of all settlements with the employee. personnel worker in the work book, as a basis for dismissal, he cites an article of the Labor Code of the Russian Federation.
An employee's medical book is a document required for those employees who deal with food, storage, and transportation. Without this document, a person will not be able to get a job in an organization whose work is related to serving the population. The document reflects information about the health status of the employee, his ability to work, diseases, the number and frequency of medical examinations.
Payments and compensation upon dismissal for disciplinary action
The employee has the right to expect payment of wages for the time actually worked in the month preceding the dismissal, as well as compensation for unused vacation.
Dismissal appeal
Under Article 193 of the Labor Code of the Russian Federation, an employee of an enterprise can appeal against the imposition of a disciplinary sanction on him to the State Labor Inspectorate, to a trade union or to a court. If the employee has decided to appeal the disciplinary sanction, he must file a lawsuit with the district level court at the place of registration of the employer. If the employer is an individual entrepreneur, then at the place of his residence.
IMPORTANT: If an employee who is dismissed under article 81, paragraph 5, part 1 does not dispute the disciplinary sanctions imposed on him by the employer before the dismissal order, but disputes the violation of the dismissal procedure, the judge does not check the legality and validity of disciplinary sanctions.
If the applicant disputes the disciplinary sanctions imposed on him before the dismissal order was issued, the court, in the process of checking the plaintiff and his arguments, is obliged to analyze the validity of the actions of the employer. Statement of claim the plaintiff may present to the organization at the place of its location or the location of a branch or representative office.
Plaintiffs who filed a claim to the court on violation of their labor rights, under Article 333.36 of the Tax Code of the Russian Federation, are exempt from paying the state fee.
The pre-trial procedure for settling a disputed legal relationship between an employee and his management can be observed, but this rule cannot be called imperative. In practice, this means that a person has the right to immediately go to court, bypassing, for example, Labor Inspectorate. Although appealing to this body can also be quite effective.
The State Labor Inspectorate has its own divisions in each particular city. This state-authorized body protects labor rights employees of the enterprise, institution. Inspectors, upon making a decision on the correct case, may oblige the employer to reinstate the employee in his position. If a person goes to court with a lawsuit, then he writes a complaint to the State Labor Inspectorate. It is considered for one month, in exceptional cases the period may be extended to 3 months, if the circumstances of the case so require.
An employee can also apply to the Prosecutor's Office. This body protects the rights of citizens in general, not only in the labor sphere. But the prosecutor's office can help restore justice if there are real grounds for reinstating a person at work.
Dismissing an employee for disciplinary action is a fairly common occurrence. If a person violates the labor code, the employer has the right to apply punishment. Note that this is not a necessary measure, so the employee can avoid problems if the boss decides to forgive the first time. However, the manager can even dismiss the violation if it turns out to be serious, or if the person regularly does not comply with the Labor Code. Russian Federation. That is why you should know how the reduction goes, and because of what reprimands you can lose your job.
About recovery
The application of disciplinary sanctions occurs when employees violate the rules that must be followed at work. Exist different situations, due to which the employee can be punished by reprimanding or taking more serious measure. Note that the penalty is assigned depending on what exactly the person did (or did not do). Therefore, you can get by with only a warning, but in severe cases, the boss has the right to even dismiss him under the article.
Dismissal, as a disciplinary sanction, can be applied only in two cases:
- A person failed to perform his duties several times in a row. However, he had no good reason for doing so.
- One major violation.
Naturally, the boss can independently decide when it is necessary to fire an employee, and in what cases a less drastic measure can be dispensed with. That is why it is impossible to say unequivocally how much it is necessary to violate the Labor Code in order to be laid off, because the situation is purely individual.
Note that some people also want to know if there is a certain period after which they cannot be held liable. Note that if the penalty was more than three months ago, then they will no longer be able to dismiss under the article. Therefore, if the boss is trying to intimidate an employee like this, although a lot of time has already passed, then you need to remember the prescription.
Causes
It is important to understand the difference, because in the first case, a remark or reprimand is usually made, and in the second, a reduction is possible.
Minor violations:
- Short absence from work.
- Failure to comply with instructions, orders and their duties.
- Dodging compulsory examination or learning.
It is necessary to be guilty several times in order to be fired, because in the first case, one is not removed from one's post. But, of course, if possible, the above violations should not be allowed, because in the end this can end badly. It is even worse if a person makes gross mistakes, because because of this, the boss can immediately remove him from his post.
Among them:
- The man skipped work. That is, he was absent for more than 4 hours without reason. Therefore, it is necessary to warn about this and negotiate. Even better if there is a document that confirms the legality of the absence.
- Theft at work or embezzlement.
- A person allows himself to come to work drunk. Once is enough to decide to cut. Therefore, drunkenness should not be allowed when it is necessary to go to work. It doesn't matter if it's alcohol or drugs.
- Disclosure of classified information.
- An accident or danger due to the fact that an employee does not follow the rules of labor protection.
- Appropriation of someone else's property.
- Loss of trust.
In such a case, you can use the dismissal for an employee for a disciplinary act. But, of course, this is done at the discretion of the leader. However, if the employee is not considered valuable, then he may not be forgiven for such behavior.
Now it should be clear whether a certain violation is gross. Of course, crimes in most cases will be severely punished by the director of the company. Because companies are not interested in keeping people at work who, for example, will forge documents or steal.
Dismissal procedure
The dismissal of a person due to a disciplinary sanction takes place in a certain order. The situation turns out to be unpleasant when they reduce the article, because with such an entry in the work book it is much more difficult to find new job. However, if a person has committed a gross violation, then comments alone will not be enough.
Procedure:
- Violations must be documented. This may be an explanatory note from eyewitnesses, a medical examination, an act of theft.
- The employee must explain why he did such an act. He will be given exactly two days to give an explanation.
- An order is issued to impose a penalty.
- Further, an order is issued to reduce the employee.
- The calculation is being carried out. A person is given wages, funds for unused vacation.
- A note is made in the work book. There it is necessary to refer to a specific violation, due to which they were removed from office.
- Everything is given Required documents.
After that business relationship between the employee and the company are terminated. However, in order for everything to go smoothly, it is necessary to remember certain points. First of all, about the fact that exactly one month is allotted for making a decision from the moment when a person makes a mistake. Or you will have to wait until the decision of the court or other authorized body will take effect. You should not postpone dismissal until later, otherwise it may not work out under the article to reduce the personality.
Important! It must be borne in mind that it is impossible to remove from office if a person is on sick leave or on vacation. We'll have to wait until the person returns to work.
And it does not matter how long you have to wait, a few days or months. Because it is impossible to reduce an employee at such moments, and this action can be considered illegal.
You definitely need to get an explanation from the person regarding the act. Because otherwise the procedure cannot be considered successful. Certain difficulties may arise if the boss does not follow the above scheme.
The person himself must control whether they will give him all the necessary documents and money. Because even if a person has committed a violation, her rights still cannot be infringed. Therefore, withholding a work book can already be considered a wrong act on the part of the organization. You can contact the Labor Protection Inspectorate, the prosecutor's office or the court. Thus, it will be possible to achieve justice and get your documents or money.
If the company did everything right, then the person will only have to look for a new place for employment. Because on this cooperation with the former company will be over. And in the future, it will be necessary to comply with the law in order to no longer face such problems.
Recognition of dismissal as illegal
It also happens that the reduction is unlawful, and therefore the employee wants to defend his rights. Such cases are not so rare, and if, indeed, there is reason to consider the decision of the authorities illegal, then you can try to uphold justice.
First of all, we note that most often a pregnant woman cannot be fired. This becomes possible if the company is liquidated. But if you try to cut because of a serious violation, then most often government bodies will be on the side of the future mother. Therefore, it is best for the boss to apply any disciplinary action other than layoffs.
You can also try to challenge the decision if the person actually did nothing. That is, he was deliberately made guilty, or they made a mistake when searching for the real violator. In this case, it is necessary to prove that the accusation is false. It is also important for the boss to properly record the act of a person, because if this is not done, then the dismissal can be challenged.
Another reason to defend your rights is that the deadline for imposing a penalty was missed, or an explanation was not requested. In such situations, the actions of the boss seem illegal. Therefore, it is important for the organization to strictly follow the procedure so that later there are no problems.
You can also try to dispute if another reason was given. It is important that the boss refers to correct article. If this is not done, then it is possible through the court to recognize the dismissal as unlawful. However, if the organization does everything right, then it will no longer be possible to find fault with its actions. You will have to come to terms with the loss of your job and in the future avoid situations due to which you can apply a serious disciplinary sanction, in particular suspension from work duties.
