Art. 81 of the LC RF. Termination of the employment contract on the initiative of the employer

Legislation provides for grounds on which the employer has the right to terminate the employment contract. They are installed art. 81 of the LC RF. Let us consider the norm in more detail.

Grounds

Dismissal under art. 81 of the LC RF is allowed with:

1. Elimination of an enterprise or termination of the work of an individual entrepreneur.
2. Reduction of the staff / number of employees of IP, organization.
3. Non-compliance of the citizen with the work performed or the post held due to insufficient qualification, confirmed as a result of certification.
4. Change ownership of the property of the enterprise. This basis applies to Ch. Accountant, manager and his deputies.
5. Repeated default of duties by the employee without valid reasons at presence of a disciplinary punishment.
6. A single gross violation committed by an employee.
7. Accomplishment of the guilty actions by an employee who directly services money or commodity values. Termination of the contract in this case is carried out in the presence of grounds for the loss of confidence in the employee on the part of the employer.
8. The failure of the employee to take measures to resolve or prevent the conflict of interests to which he is a party, the failure to provide or provide incomplete information on income / expenses, property obligations, property held by him and his minor children and spouse, as well as on the availability / opening of deposits / Accounts, the storage of cash and valuables in foreign banking structures located abroad, the possession / use of financial instruments of foreign origin by employees, his relatives CENI in cases established by the TC, the regulatory acts of the government and the president. This basis is applied if the specified actions are the reason of loss of trust to the employee on the part of the head of the enterprise.
9. Commitment to employees performing educational functions, an act of immoral nature, incompatible with the continuation of the work.
10. The adoption of an unreasonable decision by the director of the firm (division), his deputy, ch. An accountant, if it caused a breach of the security of material values, their illegal use or caused another damage to the organization.
11. A single gross violation by the director of the enterprise (representative office / branch) or his deputy duties.
12. Representation by the employee of the employee of forged documents upon admission to employment and conclusion of a contract.
13. Other cases stipulated in the agreement with the head of the organization, the collegial executive body, in the federal legislation and other normative acts.

Gross violations of the employee

They are defined in paragraph 6 of Art. 81 of the LC RF. The gross violations of the employee's duties include:

1. Absenteeism. It is understood as the absence of a subject at the workplace during the day / shift or for four consecutive hours, regardless of their duration, without valid reasons.
2. Appearance of the employee in a state of intoxication. It can be not only alcoholic, but also toxic and narcotic. In this case, the appearance in such a state not only directly at the workplace, but also on the territory of the enterprise or facility, where the citizen must fulfill his duties on behalf of the employer, will be considered a violation.
3. Disclosure of information, the confidentiality of which is protected by law. This includes, in particular, state, official, commercial and other secrets, as well as information related to the identity of other employees.
4. Committing embezzlement (small including), embezzlement, deliberate damage or destruction of property at the place of performance of production functions established by judicial decision, which came into force, by an act of an official / body authorized to handle cases of administrative violations.
5. The failure of the employee to comply with the requirements of the RT, established by the commission or official, if it entailed grave consequences or the threat of their occurrence.

Notes

Termination of the contract for liquidation and reduction under Part 1 of Art. 81 TC RF is allowed in the absence of the possibility to transfer an employee to another job available to the employer, with the written consent of the employee. This may be a vacant post, corresponding to the qualification, subordinate or lower-paid position. This should take into account the health of the employee. The tenant, in accordance with Part 2 of Art. 81 TC RF, must offer the employee all the vacancies that meet the above requirements, available in the area. The head must additionally offer work in another territory, if it is directly established in the contract, the collective agreement. Upon termination of the activities of a subdivision of an enterprise located in another locality, the contract shall be terminated in the manner provided for the liquidation of the organization.

Nuances

Termination of the contract on the grounds established in clauses 7 and 8 of Part 1 of Art. 81 of the LC RF, when due to the guilty actions the management of the enterprise lost confidence in the employee, the immoral act was committed outside the work or at the place of its implementation, but not related to the performance of duties, is allowed no later than 1 year from the date of the violation. It is forbidden to terminate the contract during the leave or stay on a hospital employee. The exception is cases of termination of the contract on the grounds established by Cl. 1 art. 81 of the LC RF.

Liquidation of the company or termination of the IP

This reason for the termination of the contract provides for Section 1, Art. 81 of the LC RF. The legislation lacks an explanation of the concept of "liquidation of an enterprise". Accordingly, when applying the norm should be guided by the provisions of the Civil Code. Article 61, in particular, determines the procedure for liquidation of an enterprise. It involves the termination of the firm's activities without the transfer of duties and rights in the order of succession to other persons. The exceptions are cases defined by law. Termination of contracts with employees is carried out on the basis of a decision taken at a meeting of the company's participants. For the immediate dismissal, the fact of liquidation of an enterprise is important. In the event of disputes over the recovery of employees at work, the proof of the actual termination of the organization's existence is borne by the defendant. As for the individual entrepreneur, the relevant decision can be made by him, the court (in connection with the recognition of his insolvency). Termination of the IP may also be due to refusal to extend the permit for the performance of certain activities, the expiration of the certificate of state registration.

Reduction

Termination of relations with employees on the basis established by cl. 81 of the LC RF, is allowed subject to certain conditions. In particular:

1. The staff reduction was indeed carried out. This fact must be verified by order and a new timetable. The latter is approved prior to the start of appropriate measures to reduce.
2. The employee has no preferential right to remain in the state.
3. The employee was warned about the coming reduction of not less than 2 months. The notification must be made in writing and be provided to the employee for familiarization under the signature.
4. In the process of considering the issue of dismissal, the elective structure of the primary trade union participated.
5. There is no possibility of transferring an employee to another place with his consent.

If the contracts are terminated on the basis established in cl. 81 of the LC RF, in determining the existence of the pre-emptive right for the employee to leave it at the enterprise, the qualifications and performance indicators of labor are taken into account.

Employee mismatch

Art. 81, clause 3 of the LC RF determines the reason for the impossibility of continuing the stay of a citizen in the state of the enterprise. The employee's mismatch presupposes his insufficient qualification, which is confirmed by the results of the certification. Evaluation of the employee's business qualities is carried out in conjunction with the analysis of other evidence with the participation of a representative body of employees of the enterprise. The procedure for conducting appraisal activities is determined by federal legislation, as well as by other normative acts in the world of work. Termination of the contract in accordance with paragraph 3 of Art. 81 of the LC RF is allowed provided that it is not possible to transfer the employee to a different position with his consent.

Change of ownership

Termination of the contract under paragraph 4 of Art. 81 TC RF is allowed with a certain category of employees. In particular, they include the head of the enterprise, his deputies, and Ch. Accountant. Other employees can not be dismissed due to a change of ownership. One should take into account one nuance. Termination of relations under paragraph 4 of Art. 81 of the LC RF is allowed if the change of ownership occurred in respect of the property of the whole enterprise as a whole. With the officials mentioned above, you can not terminate the contract if the subordination / subordination of the enterprise has changed without fulfilling the basic condition.

Multiple failure to perform duties

With multiple violations of discipline, termination of the contract with the employee is allowed if he has a penalty for previously committed misconduct. Sanctions are provided for the employee for failing to fulfill his duties, established in the rules of the schedule or contract. In the event of disputes over dismissal for violations, the head of the enterprise must prove that the offense was indeed committed and could become the basis for the termination of relations. At the same time, the employer is obliged to observe the terms specified in Art. 193 TC.

Single violation

Paragraph 6 of the commented rule establishes cases in which an employee can be terminated a contract when he commits a gross misconduct once. The list of violations is considered exhaustive. In some enterprises, the activities of personnel are related to confidential information. Dismissal for its disclosure is allowed under certain conditions. In particular, the corresponding duty must be established in the contract, specific information not disclosed, information was entrusted to the employee in connection with the performance of his duties.

Conclusion

The dismissal of employees must be carried out solely on the grounds established by law. In this case, the tenant is obliged to comply with the rules and deadlines. In particular, the head of the enterprise should notify the staff about upcoming events in writing in the signature, issue an order / order. Equally important is compliance with the requirements of the law regarding payments to employees who leave.