Inadequate performance of official duties: responsibility. The grounds for the termination of the employment contract on the initiative of the employer

All employees, when they get a job, sign a labor contract, where a list of their duties is prescribed. Also, employees are required to obey the organization's internal regulations, to comply with the work regime and follow the job description. Inadequate performance of official duties leads to dismissal, and in some cases employers dismiss negligent employees precisely under the article.

What the law says

Let us consider in detail those violations for which dismissal may follow:

1. Absence of an employee in his workplace, which is not supported by any valid reasons. Numerous delays are also taken into account.
2. Unwillingness of an employee to fulfill his labor obligations when changing labor standards or internal conditions.
3. Periodically recurring violations in work or working conditions. If the violation was identified once, then a disciplinary penalty is imposed on the employee.

Who determines that the employee does not cope

Failure to perform or improper performance of duties is when the employee has certain labor obligations, and he can quite deal with them on his own, but does not do it for unknown reasons.

Identify this fact can anyone: from the head to the ordinary client, which is not serviced by the employee. If the non-fulfillment was revealed by the head of the department, he should fix this event in the memorandum to the higher management. If it was a client, he can draw up a complaint and also hand it over to the management. Such a document is the basis for inspecting an employee for improper performance of official duties.

The complaint itself is not grounds for bringing a person to disciplinary responsibility, but if the facts stated in it are confirmed in the course of the audit, this may serve as a start to the dismissal process.

There are cases when the duties of an employee include the execution of various assignments. In order to protect themselves from possible misunderstandings, management must set out such tasks in writing and give them a signature. In the case when the job is ignored, this also needs to be fixed.

Legislation does not establish a list of persons who can identify improper performance of work. As mentioned earlier, it can be anyone. It is important that all the information contained in the note be true.

A sample memorandum per employee is presented below:

And before punishing an employee, you should find out the reason for this behavior. It may be that he simply does not know how to do what is required of him. But he does not know how and does not want to be able to - these are two different concepts. And this must also be taken into account.

It's better to say that the employee does not cope with the specified duties, if he really does not have the necessary skills or skills that are necessary for the successful outcome of the case.

By law, the employer is not required to train his staff, but practice shows that many job seekers need it. Therefore, before you require anything from a new employee, it is better to give him an unpaid internship with a more experienced employee.

The order of registration

If improper performance of official duties (Article 192 of the RF Customs Code) has been proved, then management can proceed to the process of dismissal. This procedure occurs in several stages:

1. Recognition of facts. Any task that an employee must perform must be reflected in writing and given to him for signature. If this instruction is not complied with, this event is fixed in a special act or in a report (the example of the report is presented below).

2. Conduct a check on the fact of non-performance. At this stage, all information that proves improper fulfillment of obligations must be collected.

3. Obtaining explanations from the employee. This stage is considered compulsory. If the employee did not fulfill the task assigned and did not write an explanatory note on this matter, this does not mean that the process leading to punishment should be stopped. The explanatory note can both serve as the basis for bringing a person to justice, and prove his innocence, in other words, confirm that the failure to perform was not made specifically. It is important to know that if the leader instructed the task, which is not part of the official duties of the employee, and he did not fulfill it, this is not a basis for disciplinary punishment.

If the explanatory is provided, then:

• The stated facts should be studied and verified, and a conclusion must be made about the validity of the information provided;
• The presence and extent of the employee's guilt;
• It will be clarified for what reason the failure occurred;
• The attitude of the employee to work is revealed before the occurred event.

When a violation does not entail serious consequences for the company, the employer may confine himself to a remark or reprimand. More serious offenses should lead to the termination of working relations with the employee.

4. Publication of the order. The order is issued in the event that a disciplinary penalty is imposed in the form of dismissal. It should reflect the facts about the presence of previous remarks or reprimands, acts where the unfulfilled duties are reflected, as well as a description of the violations (place, time period, circumstances and documents confirming it).

The submitted documents are the grounds for the termination of the employment contract at the initiative of the employer.

Timing

In order to present explanatory information to the management, the employee is given two days from the moment he familiarized himself with the request for this document. If the punishment is unavoidable, the employer must enforce it within a month from the moment when improper performance of official duties is found. This period can be extended if the employee was on a sick leave.

Disciplinary sanctions are not applied if more than six months have passed since the violation.

For violations that are identified by audit or audit, the punishment of the employee must be followed within 2 years from the time of their detection.

According to the legislative norms there are categories of workers who can not be subject to disciplinary punishment in any case. They include:

• Women in the situation;
• Employee who is on sick leave or on leave.

Dismissal. Payments

If the employer has not violated art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and it was also proved that the employee's non-fulfillment of labor obligations was appropriate, it is possible to issue an order for dismissal. This document should contain all the necessary information proving the fact of guilt.

The employee must be familiar with this order. If he did not want to do this, it is necessary to draw up an act that fixes this circumstance. And already in the dismissal order indicate all grounds for the termination of the employment contract at the initiative of the employer and the relevant documents confirming the guilt of the employee.

As for compensation payments, dismissal under the circumstances described above does not provide for the payment of any special allowance. The employee is entitled only to wages and vacation pay (if the leave is deserved and not idle).

Record in the work

Entries in the work book and in the personal file must be made on the basis of the order. Referred personnel when recording on art. 81 of the LC RF.

Liability of the employer

If the employer applies this type of punishment, such as foreclosure for failure to perform official duties, then this must be approached with all seriousness. At the slightest shortcomings and the possibility to challenge the employer's decision in court, penalties may be imposed on the latter.

At the termination it is necessary to check up:

• The employee has not been disciplined;
• Correctness of execution of all penalties (it is necessary to attach a sample memorandum to the employee);
• Presence of the signature of the employee about acquaintance with official duties and other documents which are directly connected with his labor activity;
• Correctness of the whole process of employee involvement in disciplinary proceedings.

If the employer made mistakes and the result of dismissal was contested in court, he would be brought to administrative responsibility. In addition, he will be obliged to restore the employee and pay compensation to him.

By the way, managers are also provided with the responsibility prescribed in art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In this case, any administrative punishment is applied only by state bodies.

Consequences for the employee

As such, the legal consequences of dismissal under Art. 81 the citizen does not. But the entry corresponding to this article will not have a very good impact on the status of a person when he wants to triple to another job.

Dismissal for improper performance of official duties is not an occasion to end your working career, but you do not need to admit such records in the employment form.

Arbitrage practice

Judicial practice shows that the fact of dismissal can be contested:

1. If the order was issued incorrectly. There was no specific action that led to the violation (an example of a memorandum is given earlier).
2. If the offense does not correspond to the severity of punishment.
3. When the violation occurred for the first time.
4. In the process of identifying the violation, an explanation was not requested from the employee.
5. The deadlines are exceeded relative to those established by law.