The process of dismissal under the article. Dismissal at the initiative of the employer

Such situations are not uncommon at an enterprise when a manager is forced to dismiss an employee under an article. Legally, such a concept does not exist. According to the Labor Code of the Russian Federation, dismissal under the article occurs regardless of the reasons. The fact is that the use of certain norms as a basis for removing an employee from a position can have an extremely negative impact on his future employment. Let us next consider some labor articles on dismissal.

Reduction or liquidation

This is one of the reasons why dismissal may be made. According to Article 81, paragraph 4, only the chief accountant, the manager and his deputy can be dismissed from office in the event of a change in the owner of the company. This provision does not apply to other (ordinary) specialists of the enterprise. When staffing is reduced, some categories of specialists cannot be dismissed by law. Such “untouchable” employees are considered to be those who have long and uninterrupted experience in a given company or are the only breadwinners in the family.

Inconsistency

As the Labor Code states, dismissal under Article 81, paragraph 3 can be carried out due to incompetence if the specialist is insufficiently qualified, confirmed by the results of certification. A special commission is organized to identify the fact of non-compliance. It usually includes:

• Director of the enterprise.
• Representative of the HR department.
• The subject's immediate superior.

The certification is confirmed by the relevant order. The subject receives a task that does not go beyond the scope of his job description and corresponds to his qualifications and specialization. If the task, in the opinion of the specialist, was not drawn up in accordance with his duties, then the results of the certification can be challenged. To do this, within the period established by law, a complaint is written to the labor inspectorate and a claim is filed with a judicial authority. Based on the results of the certification, a final report is drawn up.

Transfer to another position

Dismissal under Article 81 is permitted if it is impossible to send a specialist, with his written consent, to perform other professional tasks at the enterprise. This may be a free position corresponding to the employee’s qualifications, or a lower or less paid position that can be performed by him taking into account his health. In this case, the employer is obliged to offer all vacancies that meet the above requirements and are available in a specific area. The manager is obliged to offer activities that need to be carried out in another territory if this is expressly provided for in an employment, collective or other contract or agreement. The specialist may refuse the options provided. In this case, the manager can fire him.

Failure to fulfill duties

Dismissal under Article 81, paragraph 5 has a number of features. In particular, a manager can dismiss an employee if the employee repeatedly fails to fulfill his duties without good reason, and a disciplinary sanction is imposed on him. The latter is allowed in the form:

• reprimand;
• comments;
• dismissal from office.

If there are valid reasons for non-fulfillment of duties, the employee must set them out in writing.

Absenteeism and tardiness

A specialist may be absent on site for various reasons. If they are valid, they must be confirmed by relevant papers. For example, if an employee gets sick, he provides sick leave. If the reasons for absence are not valid, then this is called truancy. All circumstances for which the specialist was not at work are set out in writing. The decision to recognize or not recognize them as respectful is made by the head. If there is a need to be absent from the enterprise, you must first write a corresponding statement. It is drawn up in 2 copies, on which the director puts the note “I do not object.” The situation with delays is somewhat more complicated. An employee’s absence from the workplace for more than 4 consecutive hours during a shift (day) will be considered a single gross violation. Thus, if a specialist is an hour late, he cannot be dismissed from his position for this reason. But in case of repeated such violations, disciplinary action may be imposed followed by dismissal.

Embezzlement and theft

These reasons are considered one of the most indisputable of all the circumstances for which dismissal can be carried out under an article of the Labor Code. When committing theft, including petty theft, of someone else's property (in this case, belonging to an enterprise or other employees), its waste, damage or destruction, established by a resolution of the body or officials authorized to consider cases of administrative offenses, or by a court verdict entered into into effect, the specialist is relieved of his position.

As can be seen from the text of the norm, an appropriate act is required, which, in essence, is the result of an investigation. However, often in practice, management shows leniency and offers dismissal at their own request. The article in this case will be different. Theft or other serious violation can affect not only the reputation of the employee himself (even if he is innocent), but also the enterprise itself. The consequences in such situations are almost always dismissal. Under what article to relieve an employee from his position is the choice of the manager.

Drunkenness

The legislation notes several significant nuances to the dismissal procedure for this reason. In this case, a number of conditions must be met. First of all, the fact of being in a state of intoxication directly at the workplace must be recorded, and not just drinking alcohol. Also, the reason will act as a significant circumstance only if the employee appeared at the enterprise in this form during his shift. Thirdly, intoxication is considered not only the state after drinking alcohol, but also any other state that arises from the use of narcotic or other toxic substances.

Loss of trust

Only financially responsible employees can be fired for this reason. These, in particular, include those who have access to money or other assets of the enterprise, receive them, distribute them, store them, etc. Such financially responsible persons may be:

• Cashier.
• Warehouse Manager.
• Accountant.
• Economist.
• Salesman.
• Forwarder and so on.

Loss of trust may be the result of intentional misconduct or negligence, a careless attitude to one's duties. As in the case of absenteeism, the employee's guilt must be proven. A report, audit or inventory report can confirm an employee’s unlawful actions.

Dismissal at will: article Labor Code

This is the most common way to terminate a contract. Every day, many employees, of their own free will or on the recommendation of their superiors, vacate their positions in this way. However, from a legal point of view, this will always be a voluntary dismissal. Article TC No. 80 regulates this procedure. It is worth noting that it does not present such difficulties as in other cases. Thus, if an employee commits any disciplinary offenses, his guilt must be proven.

If dismissal is made at one’s own request, the article of the Labor Code of the Russian Federation only requires that the specialist must notify the employer 2 weeks before the expected date of departure of his intention. In general, the procedure for obtaining dismissal from office in such cases is not difficult. As in other situations, a corresponding entry is made in the labor record: “Dismissal under Article 80.” To begin this procedure, the specialist must write a statement. The employee has the right not to explain the reasons for his decision. The Labor Code article “Dismissal on one’s own” does not carry any negative consequences. However, you should be prepared for the fact that when applying for a new position, the head of another company or a representative of the HR department will be interested in the reasons for this decision.

Design features

The dismissal procedure under this article must be carried out if there are documented grounds. In addition, the mandatory steps that this procedure includes must be followed. There are different stages for each case. However, in any situation, failure to comply with any of them can lead to negative consequences. In particular, an employee can appeal against unlawful actions of the employer.

Witnessing a fact

If there is any violation, this stage is considered mandatory. As stated above, in order to be fired due to drunkenness, it is necessary to demonstrate intoxication directly during working hours, and not just the direct fact of drinking alcohol. Theft is proven in 3 stages. In particular, the legislation requires documentary evidence of the offense, as well as a ruling or sentence. Only after this can dismissal occur.

Warning

This stage also has its own characteristics, which depend on the reason why the employee is leaving. For example, upon liquidation of a company with subsequent dissolution of staff, any other change in the routine of activities at the enterprise and reduction in the number of employees, the employer is obliged to notify specialists 2 months before the date on which these events will be carried out. The same conditions are observed when an unqualified employee is dismissed from his position or when the results of his certification are unsatisfactory. If an employee commits a violation (failure to fulfill duties, absenteeism, non-compliance with company regulations, etc.), the employer is obliged to obtain a written explanation from him. After this, the manager has a month to apply disciplinary action to the employee if the reasons are regarded by him as disrespectful. Only one penalty may be applied for each violation. If, for example, a reprimand was issued for absenteeism, then it is impossible to fire the employee for the same offense.

Introduction to the specialist

This stage consists of notifying the employee and presenting him with the appropriate order. The latter indicates the reason why he is dismissed from office, the basis and date. The law requires the signature of a specialist on this document. If the order is refused to be certified, an act is drawn up in the presence of witnesses.

Explanatory

The need for this paper has already been mentioned above. The employer must require the employee to provide a written explanation of his conduct. At the same time, the law does not oblige the employee to write this paper. He has the right to refuse the employer. However, the absence of an explanation does not exempt him from disciplinary action. In any case, it will be issued 2 days after the above requirement is presented.

Order

The law requires the publication of two such acts. The first order must confirm the imposition of a penalty in the form of dismissal, and the second acts as a basis for terminating the employment contract. In most cases, the second edition is sufficient. All regulatory documents must be attached to this order. These include, in particular:

• Details of acts and reports.
• Explanatory (if available).
• Other documents that confirm the existence of a valid reason for releasing the employee from his position.

Dismissal at will (Article 80) provides as a mandatory attachment a statement from a specialist. In this case, there is no need to write an explanatory note; you just need to notify the employer of your intention in time.

Personal documents

The employer is obliged to issue the employee his work book on the last day of the employee’s stay at his enterprise. It should have a corresponding mark. The record must indicate the reason, as well as the article for which the dismissal was made. If the employee considers it unlawful, he can appeal the manager’s decision. To do this, he needs to contact the labor inspectorate or court.

Compensation and payments

They are based on the cost of the dismissal clause. For child care, in the event of staff reduction, liquidation of a company, or on the personal initiative of an employee, the specialist is entitled to certain payments. In particular, he must be paid a salary for the time worked in the month of release from office. The date of dismissal is the last day of work. The employee is entitled to payment for unused vacation and benefits.

Consequences for the employee

They can be different and depend on the article that is indicated in the work book. This can cause various kinds of problems to arise during subsequent employment at another enterprise. Conventionally, the reasons for dismissal are divided into three categories. Each of them provides certain consequences. Thus, the articles are distinguished:

1. Related to the reorganization of the company. If the enterprise complies with the law, the employee should be provided with assistance in placing him in a new place. In this case, the consequences for him are only positive.
2. Not indicated in the work book. For example, there may be a note that the employee vacated his position on his own initiative, but in fact his serious misconduct was simply not made public in order to avoid a scandal. In this case, no particular negative consequences are expected, but questions will arise when applying for a new enterprise in any case.
3. Specified in the labor contract. They can significantly damage your reputation. But in some cases it makes more sense to be honest.

Appealing a manager's decision

If an employee is dismissed without sufficient or legal grounds for this, he has every right to go to court. The authorized body, in turn, at the request of the employee, may make a decision to recover compensation for moral damage from the employer. If the manager’s actions are recognized as unlawful, the employee has the right to ask to change the wording of the reason to “dismissal on his own.” In the same case, if the mark in the document is regarded as invalid, at the request of the employee, he will be given a duplicate. In this case, all entries that were present in it are transferred to the book, with the exception of the one that was declared illegal. The procedure for appealing a decision of a manager is established in Art. 394. In addition to the court, an employee can contact the labor inspectorate and initiate an internal audit at the enterprise to determine whether the activities comply with the law. As practice shows, such litigation does not happen very often. Typically, employees are fired without conflict or fuss.

Is it possible to fire an employee if he is on sick leave to care for a sick family member? - Yes, you can.

Is it possible to dismiss a minor employee at the initiative of the employer? – It is possible, but only with the consent of the labor inspectorate.

Is it possible to fire an employee for absenteeism if his employment contract does not indicate a specific place of work? - No you can not.

Labor legislation gives the employer the opportunity to dismiss employees on his own initiative. But in practice, personnel officers often forget that in addition to this right, they have a number of responsibilities that must be fulfilled in order to realize it. How to fire an employee correctly, avoiding mistakes? What should you pay attention to first of all? What difficulties can you encounter when dismissing an employee at the initiative of the employer?

When can an employer not fire an employee?

An employer does not have the right to dismiss an employee if:

This rule applies even if the employee works from home or part-time. In addition, try not to forget that there are special categories of employees who either cannot be dismissed at all on the initiative of the employer, or for this a certain procedure must be followed (table on page 40).

Restrictions on dismissal of special categories of workers

What to do if you are faced with a difficult dismissal case?

Let's look at some of the most common and complex issues related to the dismissal of employees at the initiative of the employer.

Unsatisfactory test result (Article 71 of the Labor Code of the Russian Federation). Remember that you will not be able to dismiss an employee on this basis if:

1. there is no provision for probation in the employment contract (in this case, the test is considered unspecified);
2. the employer missed the deadline for notice of dismissalon this basis (dismissal will be considered illegal);
3. the employer did not record the results of the work performed by the employee, did not evaluate its quality (that is, there are no documented grounds for dismissal).

Reduction of number or staff (clause 2 of part one of Article 81 of the Labor Code of the Russian Federation). It is also not possible to dismiss employees on this basis in all cases. For example, you cannot do this if:

Attention!

Remember that it is not the employee who is being laid off, but the staff unit or position.

Example

Attribute LLC has a network of branches. Each of them has the position of a personnel inspector. But the general director decided that personnel records would be carried out only in the central office and the position of “HR inspector” in the branches should be reduced. In this regard, management issued an order to reduce the number of employees and handed notices of the upcoming dismissal to all employees. At the same time, there were no vacant positions in the branches.

Two days before her dismissal, Elizaveta Ivanchuk refused to sign the dismissal order. She motivated this by the fact that she alone is raising a disabled child at the age of five, which means she cannot be fired. And provided supporting documents. Therefore, after the new staffing table came into force, Ivanchuk continued to go to work and spend her working time in the office, doing nothing. What should an employer do?

The General Director of Attribute LLC solved this problem as follows. He made changes to the previously issued order to reduce staff and returned her position to the branch staffing table. Thus, the employee was provided with work. In the future, she will be able to be offered vacant positions in order to transfer her to a new job, subsequently reducing the position of HR inspector.

Related documents

A single gross violation of labor duties by an employee. Absenteeism (subparagraph “a”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). It is impossible to dismiss an employee on this basis if:

Advice
Be sure to indicate in employment contracts with employees their place of work (the structural unit must be indicated in accordance with the staffing table). This will help confirm the employee’s absence in case of absenteeism.

Example

Digital LLC has stores in many shopping centers in the city. In an effort to increase sales, the employer sends employees (sales consultants, cashiers) to different stores on different days, depending on where workers are currently needed. In employment contracts, the employer deliberately does not indicate a specific place of work (store). One of the workers, cashier-saleswoman Margarita M., was sent by verbal agreement to a store located in the Orchidya shopping center. But it so happened that the worker went to the Lilia shopping center by mistake.

At this time, there was a large influx of visitors in the Orchid shopping center, whom the workers there did not have time to serve. As a result, the store did not make the profit it could have. The angry manager decided to fire Margarita for absenteeism. Two days later she was asked to review the dismissal order. Margarita refused to do this and turned to the labor dispute commission to protect her rights.

The commission supported the worker's position. The management had to cancel their dismissal order, since the employment contract with Margarita M. did not specify her specific workplace. This means that the fact of absenteeism cannot be proven.

Inconsistency of the employee with the position held or the work performed in the event of insufficient qualifications confirmed by the results of certification (clause 3 of part one of Article 81 of the Labor Code of the Russian Federation). It is impossible to dismiss an employee on this basis under several circumstances, for example, if:

Change of owner of the organization’s property (Article 75, paragraph 4, part one, Article 81 of the Labor Code of the Russian Federation). As a general rule, an employer does not have the right to dismiss employees on this basis. The exception is the head of the organization, his deputy and the chief accountant. At the same time, they should not be confused with the heads of branches and other separate structural divisions - such employees cannot be dismissed on this basis. In addition, the new owner loses the right to dismiss these employees if more than three months have passed from the moment he acquired ownership rights.

Disclosure of secrets protected by law, including personal data of another employee (subparagraph “c”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). In this case, the employer must carry out a disciplinary procedure and apply punishment in the form of dismissal (Article 193 of the Labor Code of the Russian Federation). But an employee cannot be fired if the company does not have a list of information that constitutes commercial, official or other secrets, as well as evidence that the employer has developed means of protecting them.

Law against practice

On practice

The employer decided to dismiss employee Shpyneva for repeated failure to fulfill her job duties without good reason, since for several days in a row she took her lunch break an hour earlier (not from 13-14 o'clock, but from 12-13 o'clock). Although the manager had previously verbally agreed with her about what hours Shpyneva would have lunch (the employee’s lunch time is not specified in the internal labor regulations and the employment contract).

In law

In accordance with Article 189 of the Labor Code, labor regulations are determined by the internal labor regulations.

What happens if…

It will not be possible to dismiss an employee on this basis in this case, since neither the company’s internal labor regulations nor the employment contract indicate the employee’s lunch break time. But a verbal agreement with the manager cannot be taken into account.

What is enshrined in law

An employee who finds himself in a situation where he is threatened with dismissal under an article needs to know that if the employer does not have the grounds established by law, dismissal is possible only on the employee’s own initiative.

The employer does not have the right to create conditions that push the employee to terminate the employment relationship. In any circumstances, the subordinate is given the opportunity to independently determine when he should resign.

However, there are other grounds for termination of employment relations, which are listed in Article 77 of the Labor Code of the Russian Federation.

Important! If the employee submitted a letter of resignation, but within 14 days he changed his mind, then he can withdraw the document and continue working in the organization.

Reasons for employer threats

There are quite a few reasons for threats from an employer. Most often, the reason for such behavior by the employer is his reluctance to work with one or several employees at once.

Typically, the employer takes this position in a situation where he knows about upcoming changes in the organization, for example, when declaring a company bankrupt or impending layoffs.

In order to reduce the cost of paying compensation and other amounts due to employees upon dismissal for the specified reasons, the manager takes actions that push employees to resign of their own free will.

But there are also opposite situations when the employer does not dismiss the employee under the article, despite the many violations committed by the latter: constant tardiness, absenteeism, and so on. In this case, dismissal on one’s own initiative is the best option for a negligent employee.

When is dismissal possible?

Dismissal of an employee at the initiative of the employer is possible in the case where the provisions of Article 81 of the Labor Code of the Russian Federation, which contains a list of grounds for termination of employment relations, were violated by a subordinate.

The current legislation does not contain such a thing as “dismissal under an article.” In any case, the grounds for termination of employment with an employee are clearly indicated.

Therefore, if an employer forces an employee to resign at his own request, threatening dismissal under the article, and does not indicate specific grounds, then the employee has the right to complain against the employer by filing an application with the labor inspectorate.

Remember!

If the employee actually committed violations, then they must be confirmed by proper documentation, which records the corresponding guilty actions.

Such violations include the following actions:

• absence from work without a valid reason (absenteeism);
• the employee’s repeatedly expressed disagreement to fulfill the duties assigned to him by the employment contract and local regulations;
• non-compliance with the internal labor regulations, which the employee is introduced to upon signature at the time of employment and execution of documents on employment;
• reporting to work while intoxicated (under the influence of alcohol, drugs or toxic substances). This fact must be recorded by doctors;
• dissemination of information constituting a commercial or state secret. Termination of an employment relationship for this reason is possible only if the employee has signed documents obliging him not to disclose certain information;
• theft of employer property;
• non-compliance with labor protection conditions. Such facts must be recorded by a labor inspector or a special commission;
• immoral acts committed by the teacher;
• other illegal acts established by the Labor Code of the Russian Federation.

Watch the video. The boss threatens with dismissal:

What to do in such a situation

Often, if an employee commits guilty actions, he decides to resign of his own free will without the request of the manager, so as not to worsen his situation. But what to do in case of threats from the employer?

In such a situation, lawyers advise refusing to sign the application at the request of the manager. The employee should also take care of the quality of the work performed in order to avoid complaints from superiors.

When an employer informs a subordinate that, due to certain circumstances, he needs to report to work later, but does not issue a corresponding order, it is advisable to begin performing his duties at normal times.

If you receive threats of dismissal from your manager, you should pay attention to the following recommendations:

• If an employer constantly threatens an employee, it is advisable to try to record his words on a voice recorder. Subsequently, this record may serve as evidence of violation of the employee’s labor rights by management;
• you need to try to negotiate with the employer peacefully. For example, an employee may consent to dismissal of his own free will, provided that he is paid the compensation provided for by law. These issues must be recorded in writing;
• write a letter of resignation, but do not indicate the date of execution of the document. The next day, you can send a document confirming the withdrawal of the submitted application to the employer by mail. In this way, the employer will not be able to refuse to receive the document;
• Also, if there are threats from superiors, you can have a conversation with him in the presence of colleagues. This way, the employee will be able to attract witnesses who will subsequently confirm the fact of violation of labor rights by the employer.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Where to contact

If the above methods for resolving the situation are useless, the employee needs to contact the labor inspectorate. You can confirm the validity of your application by using a voice recorder of your conversation with your manager.

After accepting a statement of violation of labor laws, an authorized labor inspectorate employee initiates an inspection.

The inspection period is usually one month. If a violation on the part of the employer is established, an application is filed with the prosecutor's office, after which a corresponding claim is filed in court.

However, if no violations on the part of the employer were found or guilty actions cannot be confirmed, then representatives of the authorized bodies will not be able to take any measures against the employer.

How to confirm the fact of threats

Confirming the existence of threats of dismissal from an employer in practice turns out to be quite difficult. A recording of a conversation with a boss is not accepted as evidence in every case.

To confirm the validity of his application, the employee must do the following:

• enlist the support of witnesses who can confirm the fact of threats;
• prepare the necessary papers (for example, in a situation where an employee has submitted a letter of resignation on his own initiative, and the manager for this reason is threatened with dismissal under the article, since there is no one to replace the employee, it is important to collect photocopies of all available papers, including the signed letter of resignation);
• It is still recommended to make an audio recording; it can help in a positive resolution of the problem.

Often the listed actions help the employee resolve the issue with the employer without further proceedings.

If they force you to work on weekends, threatening to fire you

When an employer forces an employee to work on weekends, violating the provisions of labor legislation, the latter has the right to refuse to go to work.

You can also resolve a controversial situation peacefully by agreeing with the employer that compensation will be paid to the employee for going to work on a day off.

Note! The fact that work duties were performed on a non-working day must be confirmed in writing, otherwise proving such a circumstance will be very problematic.

Is it worth going to court?

A manager in such a situation can often argue that the case will not end in court proceedings, and if this does happen, then the employee will definitely not be able to win the case. But current practice suggests the opposite.

In order to exercise its right to dismiss employees whose work, for one objective reason or another, is ineffective for the company, the employer must remember that labor legislation provides it not only with rights, but also requires the fulfillment of certain obligations in relation to employees. After all, failure to comply with requirements and non-compliance with legislative norms deprives the employer of the opportunity to initiate the dismissal of an unwanted employee and leads to serious financial losses.

Legal norms for dismissal “under article”

The term dismissal “under article” has migrated into our time from the Soviet and post-Soviet periods, when this concept meant a severance of labor relations under the only thirty-third article of the Labor Code (LLC) at that time. Many believe that the entry in the work book under Article No. 33 of the Labor Code required the dismissal of an employee due to drunkenness and absenteeism, but this is not so. This section of the Code included all grounds for termination of relationships at the initiative of the employer: from production reasons (liquidation and reduction) to grounds related to the employee’s guilt (absenteeism, theft, etc.), and even the return to work of the main employee was also included in this article.

But the people still remember that the presence of a reference to article No. 33 in the work book meant a labor mark. This idea was used to intimidate careless employees, as well as those who did not obey the requirements of management.

Today, when all the grounds relating to the termination of working relations at the will of the employer are divided into 12 points of Article No. 81, the question of what grounds of labor legislation can be attributed to the so-called calculation “according to the article” is resolved differently. To this conceptare considered all articles of the Code that are based on violations of labor discipline by an employee, and, as a result, the application of disciplinary sanctions to the violator.

Let’s first figure out what these sections of labor legislation are, the grounds of which can be qualified as a person’s failure to fulfill his labor duties. Thus, it is permissible to carry out the procedure for disciplinary sanctions, which are regulated by the provisions of Articles No. 192 of the Labor Code of the Russian Federation, for no less than nine articles that are unpleasant for the employee. Moreover, such sections of the Code may apply to both all employees and certain categories:

1. Dismissal for a systematic, “non-severe” violation committed several times, which is documented at least twice (section No. 81 of the Labor Code of the Russian Federation, paragraph 5 of part one), this includes:
   • failure to comply with standards and deadlines for direct job responsibilities (failure to report, failure to comply with the requirements of individual job descriptions, etc.);
   • ignoring regulations, including technical and local acts, management orders, etc.;
   • failure to comply with labor discipline (lateness, absence from work, etc.).
2. For a serious violation committed once (Article No. 81, subparagraphs a - e of paragraph 6 of part one):
   • a) absenteeism;
   • b) appearing at work under the influence of alcohol or drugs;
   • c) disclosure of commercial, official or state secrets;
   • d) theft, embezzlement;
   • e) violation of labor safety standards.
3. Termination of contract due to loss of trust (section No. 81, paragraph 7).
4. Termination of a contract for an immoral act (applies only to teachers and educators) - paragraph 8 of Article No. 81.
5. For gross mistakes by managers that cause damage to the company, and failure by them (as well as their deputies) to comply with labor standards (Article No. 81, paragraphs 9 and 10).
6. Although in these cases no penalty is applied, termination of the contract if forged documents are discovered during the conclusion of the contract is also considered a breach “under the article”. Since this can be safely attributed to incorrect work behavior.
7. A special case where a teacher violates the organization’s charter (clause 1 of Article No. 336 of the Code) is subject to “disciplinary action” and dismissal “under the article”.
8. As well as the dismissal of disqualified athletes (for example, due to doping) - article No. 348.11.

It should be noted that the obvious is that all of the above grounds are classified as articles, the indication of which in the employment contract immediately raises fair questions from the personnel officer when applying for a job. This is a kind of “stigma” for a person. As a rule, when a future employer sees such a post, any explanations and comments of the person are not perceived. In the best case, a person will face a less prestigious job, a lower salary and constant control by the security service or immediate management. At worst - refusals of vacant positions. Therefore, probably 90% of all claims of dismissed workers, which are brought against the decisions of the employer, relate to dismissal under any of these articles.

Dismissal “under article” can be called a labor stigma; in this regard, the violator of labor discipline will most likely have problems with further employment

Let's not dwell on exceptional cases, let's look at the most common options, and start with the most used ones.

6 key grounds for dismissal “under article”

The most common reasons for termination of employment relationships are absenteeism, alcohol in the workplace, theft, etc. All these work violations are regulated by Article No. 81, subparagraphs “a - d” of the sixth paragraph of the Labor Code of the Russian Federation.

This is the most “strict” section for both parties. On the one hand, even for a one-time violation from the list of violations of paragraph No. 6 of the article, you can immediately terminate the contract. On the other hand, there are a lot of nuances that an employer needs to take into account when dismissing a person.

Moreover, as the Supreme Court of the Russian Federation stated, if it comes to proceedings, it is the employer who must collect and present evidence of the legality of such actions.

Let's understand the terms and details that labor law uses in the application of these situations.

Absenteeism - difficulties and nuances of dismissal

The Code defines absenteeism as being absent from the workplace without a valid reason for more than four consecutive hours during one work shift.

On this basis, the employer has the right to terminate the contract with the employee “under the article” on the day the misconduct is discovered. True, we should not forget that dismissal for absenteeism is one of the types of disciplinary sanctions provided for and strictly regulated by the Labor Code of the Russian Federation. Therefore, dismissal on this basis must be carried out in accordance with Article No. 193 of the Labor Code of the Russian Federation, that is, recording the fact of absenteeism must go through a certain procedure (we will consider this issue in more detail, in detail, in a separate chapter devoted to step-by-step instructions for filing any penalty):

1. An act, official or memorandum from the manager (colleagues), indicating that the employee was absent from work.

   The act specifies the specifics of the fact, and the document is endorsed by at least two witnesses to the violation

2. Requirement to provide an explanatory note from the employee.
3. If explanations are refused, a report is drawn up recording the fact that the employee refused to provide explanations.
4. If the employer has difficulty understanding why a person is absent from work (it may happen that he is absent for a good reason), he is sent a requirement: to report to work to provide an explanation for his long absence from the workplace.

   If personnel officers cannot find the violator, a requirement is drawn up: to appear and give an explanation

5. As soon as the person is properly notified that absenteeism has been recorded, an order can be issued to terminate the employment contract.

   The order to terminate an employment contract lists all the grounds: official documents, acts, notification, etc.

The record of dismissal under subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation is recorded in the work book as standard, without abbreviations and abbreviations. Possible wording indicating a link to the article of the Code:

• “fired for absenteeism”;
• or “the employment contract was terminated due to a one-time gross violation of labor duties - absenteeism...”;
• further, there is a correct link to the article of the Code;
• visa of the responsible person, dismissed employee and seal of the organization.

An entry in the work book under subparagraph “a” (absenteeism) may look like this

The background to the issue of absenteeism is clear; there are many more nuances and subtle points here. Therefore, before preparing materials for dismissal for absenteeism, it is recommended to carefully research and check all the points.

Typical mistakes, or when it is impossible to fire someone for absenteeism

Please note that you should not fire an employee for absenteeism if at least one of the significant conditions for determining the person’s guilt has not been established. Therefore, in order not to run into litigation, you need to eliminate all mistakes when dismissing someone based on this fact.

Summarizing the main points when an employer risks losing a court case due to illegal termination of a contract, it should be noted that there is a fairly extensive list of shortcomings for this. Here are the most common ones, namely:

• The employee’s employment contract does not define the working mode (specific days of the week or schedule), therefore, the absence of more than four hours during a work shift cannot be proven, since it is not determined from what hour the clock begins and which days are considered working days for the employee.
• The employee’s contract does not define his workplace, therefore, it is impossible to prove that the person was not there.
• When there are no arguments that the reason for absence is truly disrespectful: that is, a full step-by-step procedure for registering a disciplinary sanction has not been carried out or it has been carried out with violations.
• If, fourteen days after the employee submits an application to terminate the contract at his own request (written statement), the person does not appear at the workplace.
• Or a variant close to the previous one: a person does not go to work for a long time, and the employer cannot find out the reason for his absence. In this option, the personnel officer will not be able to dismiss an employee on legitimate grounds, since the absence of a person does not give the right to do so: it is impossible to obtain comments or attest that comments about the reason for absenteeism were requested, but not given. Thus, until the employee returns to work and the employer asks him to explain the reasons, dismissal for absenteeism is not legal.
• Another argument that is not far off in its grounds is serving an administrative arrest imposed in accordance with a court decision. This fact does not depend on the will of the employee, and therefore serves as a valid reason for absence from work. This means that this fact cannot be considered absenteeism.
• During the period when the part-time worker is on a business trip to his main place of work, termination of the contract in this situation is illegal.
• Or another option: a person does not go to work for the reason that he does not agree with his transfer to another position or workplace - also a slippery option for the employer. Termination of the contract due to “absenteeism” will not work here, we need to negotiate.

A separate question here is when an employee is entitled to time off or vacation according to the law. Let’s figure out which situations will not be recognized by the court as a violation of labor discipline:

• absenteeism from the workplace if the company has a pre-agreed vacation schedule and the person rests according to plan (it is impossible to issue a unilateral ban in this case - only negotiate);
• a person cannot be denied a day of rest if he is participating in a donor program;
• you need to know that granting unpaid leave to a working pensioner in accordance with Part 2 of Article No. 128 of the Labor Code of the Russian Federation is an obligation and not a right of the employer;
• It is also recognized as the duty of the organization to provide additional leave in the event of marriage registration.

In the judicial practice of dismissal for absenteeism, there are cases where both the employer and the employees were found to be right. We present both solutions.

Thus, the court recognized the dismissal as legal when an employee, while on a five-day business trip, finished it 2 days earlier, but, having returned to the city where the company is located, returned to work only after the end of the period indicated on the business trip sheet. The court recognized these 2 days as absenteeism and did not reinstate the person in his position (see court case No. 33-4247/2011).

At the same time, when a retired teacher, fired for absenteeism, managed to prove that he skipped work for health reasons without taking a health certificate, the company had to reinstate him at work and pay him all the required compensation, including moral damages (with the definition court case No. 33–7511 can be found).

Photo gallery: claim form for reinstatement

In the statement of claim, you can indicate all the requirements, for starters - reinstatement at work (part 1) Requirement No. 2 of the statement of claim may be payment of salary for the period of forced absence (part 2) You can indicate in the claim and compensation for moral damage (part 3 of the statement)

Alcohol at work - a simple scheme for dismissal

Termination of a contract due to the use of alcohol or drugs in the workplace (or on the territory of the enterprise) is, as a rule, much simpler. It doesn’t matter here when the person was caught doing this: at the beginning or at the end of the work shift (at least 5 minutes before the end of the working day). It does not matter whether the employee was relieved from performing his or her duties due to the specified condition or continued to work. If the employer wishes, this can be done at any time.

In this option, the violation detection algorithm will be as follows:

• if possible, a medical examination is carried out, for this it is even possible to call an ambulance, and it should be noted that other evidence may be accepted by the court;
• an act is drawn up confirming that the employee was drunk at work, which is endorsed by two witnesses;
• an explanatory note is requested from the violator;
• an order on the fact of application of the DV is drawn up and endorsed;
• an order is issued to terminate the contract with the employee.

The grounds that are indicated in the employment contract: Dismissed for a one-time gross violation of labor duties - appearing at the workplace in a state of alcoholic (drug) intoxication, subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

In the work book, you can indicate a specific reason for dismissal (alcohol) or simply put the details of the Code article

Usually, employees with such dismissal do not go to court, since it is almost impossible to prove the opposite if the fact took place and it is correctly recorded.

Privacy violations

A more interesting option to consider is the disclosure of secrets protected by law (commercial, official, etc.) that became known to the employee in connection with the performance of his job duties, including the disclosure of personal data of another employee (subparagraph “c” of paragraph 6 of part one of Article No. 81 Code).

Several points are important at this point:

• the employment agreement must contain a non-disclosure requirement;
• and it is also clearly stated what is considered a secret;
• Confidential data includes only information obtained by a person in the performance of his or her official duties (for example, a company’s trade secret may include the customer base, volumes and dynamics of sales, profits, analytical data on the market, purchased or developed thanks to internal resources, etc.) .

If at least one of the listed points is not met, termination of the relationship under this subparagraph may be considered illegal.

As with the other sections of this article, evidence of the legality of dismissal on this basis rests with the defendant company.

• Please note that it is impossible to terminate the contract if:
• if the disclosure of the employee’s personal data occurred as a result of improper storage, since the employer is responsible for organizing the storage and use of employees’ personal data.

Therefore, it is important: in order to be able to impose penalties on an employee, the company must develop regulations for the protection of confidential information. It is introduced by local regulations, which must be familiarized to all employees upon signature. The absence of such a document may be grounds for cancellation of the penalty in court.

Theft is a reason for dismissal

Breaking an employment relationship due to theft or embezzlement is a rather labor-intensive and lengthy process for an organization. And even taking into account the fact that the theft of both corporate and other people’s property (including colleagues or clients) can be recognized as a basis, it must be taken into account that dismissal under this article will be recognized as legal only when a court decision comes into force.

Therefore, it is not enough to catch a thief by the hand; in order to fire him under the article, you need to obtain a resolution from the competent authority. Thus, having in hand an act of private security that recorded the fact of theft, it will not be possible to justify the legality of the dismissal of the guilty employee, since this service does not have the right to apply administrative penalties. Consequently, it is possible to dismiss a stealing employee only within one month after the court ruling.

In this case, the entry into the labor record goes under the letter “g” (the article is still the same - eighty-one, part one, paragraph 6).

The wording in the labor report when rendering a court verdict on the basis of “theft” is registered as follows:

At the same time, the legislation makes it possible to present a claim to the offender for compensation for damage to the company; we will give an example of a statement of claim.

Photo gallery: statement of claim for compensation for damage caused by an employee

In the statement of claim, you need to set out everything on the merits of the case (example, part of the statement No. 1) In the claim you need to provide evidence (example, part of the statement No. 2) Put forward demands (example, part of the statement No. 3) In the concluding part, provide a list of attached documents (example, part of the statement No. 4)

Dismissal for committing an immoral offense

Please note that only employees performing educational functions (teachers, instructors, mentors, educators, nannies, etc.) can be fired for committing an immoral offense.

Employees performing technical auxiliary duties (watchman, driver, accountant, etc.) cannot be fired on this basis (clause 46 of the Resolution of the Plenum of the Supreme Court No. 2 of March 17, 2004).

The concept of “immoral act” is not defined in law. Therefore, the employer independently decides which offense should be considered immoral. In practice, the following is considered immoral:

• petty hooliganism;
• drinking alcohol in a public place and involving minors in this;
• fights, scandals;
• animal abuse;
• taking drugs;
• foul language in the presence of children, etc.

It does not matter where the offense was committed: at work, on vacation or at home.

The work book in this version indicates the basis - paragraph 8 of the first part of Article 81 of the Labor Code of the Russian Federation.

Beating a child in a family can be difficult to prove, but such “fathers” should be fired not only from teaching jobs, this is already the prerogative of the Criminal Code of the Russian Federation

Dismissal of unscrupulous employees for repeated misconduct

There are cases when an employee sabotages the orders of management, refuses to fulfill his job duties, is absent from the workplace for a long time, and is clearly not eager to fulfill his work duty, but comes to receive his salary regularly. In case of such behavior, the employer has the right to dismiss the negligent employee under paragraph 5 of Article No. 81 (repeated failure by the employee to fulfill his job duties).

You should know that when applying such a basis, the following mandatory conditions must be met:

• violation of labor discipline must be recorded on paper;
• from the wording of the grounds it follows that the offense committed must be registered at least 2 times;
• Moreover, it is important that the fact of the first (or previous) violation was recorded no more than a year ago;
• “minor” disciplinary violations are considered:
  • failure to comply with the orders of the immediate supervisor, which relate to his direct functional responsibilities, enshrined in the job description or in the employment contract, failure to meet deadlines for completing work or submitting reports, and other actions that disrupt the work rhythm of the enterprise;
  • frequent leaving the workplace for no reason and violating internal rules: being late, leaving work before the end of the shift, constantly drinking tea, etc.;
  • refusal or evasion of a medical examination of an employee who holds a certain position requiring mandatory examination, or when the employee refuses to undergo (during work) special training, passing qualifying exams in occupational safety, health, safety, civil defense, etc.;

Please note: disciplinary action includes, among other things, a person’s refusal to undergo a scheduled or unscheduled certification if it was established by a local regulatory act of the enterprise. This makes it possible to fire a person who, in the employer’s opinion, does not meet the proper qualifications. To do this, you need to issue at least 2 penalties during the year (for any of the above reasons).

Algorithm for applying disciplinary action and subsequent dismissal

Let’s look at the question: how can an employer competently confirm a disciplinary violation and legally terminate an employment relationship on the basis of an employee’s failure to fulfill official duties.

Step-by-step instructions in case of dismissal “under article” are as follows:

1. For the initial registration of violations of discipline by the employer, acts of misconduct can be used, which are confirmed by two witnesses. These include the following documents: official or memos, data from reporting inspections, results of audits, etc. If a subordinate has not completed the specific task assigned to him, an internal memo is written. When an employee has not been on site for a long time, a report is drawn up. The report describes the offense committed, indicating the date and place. In this case, it is recommended to refer to the specific clause of the job description, contract or internal regulation that was violated.

   The report can be drawn up on the basis of employees’ failure to fulfill official duties; do not miss the point that 2 witnesses to the incident must sign on the original

2. The next step is to obtain an explanatory statement from the employee about the reason for the violation, this must be done in writing (Article No. 199 of the Code).

   It is advisable at this point to draw the person’s attention to the fact that if he does not give an explanation, this will not affect the result, and the DV will still be applied. This can be done in the notification. If the violator does not want to sign the notice, a refusal act is drawn up.

3. The notice of explanation must indicate all violations (if there were several, as in the example)

   If the employee refuses to sign the notification, the text is read out loud to him in front of witnesses, this is enough for notification, and a refusal act is drawn up

4. If the violator of labor discipline nevertheless provides an explanatory note, it is sent to the immediate supervisor, who imposes a resolution on the decision made and appoints executors according to it. Example: “To the head of the HR department I.I. Sidorova. The justifications given in the explanatory note are considered disrespectful. Issue an order to impose a penalty - a reprimand. Deadline: April 10, 2018 (signature, date).”

   In an explanatory note, a person can speak with reason about the reasons for committing a disciplinary offense

5. As soon as the explanatory note or act of refusal reaches the personnel department, an order is issued to apply a disciplinary sanction (remark or reprimand) to the violator. There is no unified form for such a solution.

   The order on disciplinary action indicates all the details of all previous documents

6. The next step is to familiarize the person with the order to issue him a DV. The HR officer is given 3 working days for this (from the date of publication of the document). If a person does not want to endorse the decision, this is reflected in an additional act.
7. In the case of a serious violation, which provides for dismissal after a single violation (Article 81, paragraph 6), you can immediately issue the following order - to terminate the contract. If the violation is less serious, the second offense must be recorded according to the same principle (not necessarily on the same basis as the first). At the same time, you need to know that no more than one year should pass between the first and subsequent violations. The next DV is issued in the same way as the first, and the documents indicate that the offense was not committed for the first time. For example: “Since I.I. Sidorova was already subject to disciplinary action in February 2018; I consider it necessary to dismiss her for repeated failure to fulfill her job duties under paragraph 5 of Article No. 81 of the Labor Code of the Russian Federation.”
8. Next comes an order to apply a disciplinary sanction, but not in the form of a reprimand, but with a resolution - termination of the employment contract under a certain article.
9. The next and final document will be the order to terminate the employment contract with the employee (in form No. T-8).

   An order to terminate an employment contract with an employee is drawn up in a standard manner, indicating the article and full grounds

10. The final step is the registration of labor and payment on the day of dismissal, which includes wages for time worked and compensation for vacation days not taken off.

It is important for both parties: the employer has the right to deprive a bonus, issue a reprimand or reprimand and dismiss “under the article” even if the person submitted a letter of resignation of his own free will. Labor law rules here determine that the relationship between the employee and the employer ends only after two weeks have passed after the application is submitted. Therefore, violations committed during work can be qualified and accepted for dismissal under “bad” articles.

What you need to know when being fired “under article”

Each section of the Labor Code of the Russian Federation regulating the termination of an employment contract has its own fundamental principles and nuances. Thus, for all reasons for termination of employment relations for articles that compromise the employee, there are a number of common points, which include:

• The main thing when carrying out the procedure is to go through all the stages of imposing a disciplinary sanction on the dismissed employee.
• As already mentioned, in some cases one serious offense is enough for this, in others - at least two.:
  • Article No. 192, which defines the forms of DV, refers to only 3 types of penalties
  • a remark - necessarily recorded in writing - is the most loyal punishment;
  • a reprimand, which must be documented, is the next most serious step;
• dismissal “under article” is the most serious DV.
• The next important point is that termination of employment relationships “under the article” should only take place if there is a solid evidence base; in this case, when justifying the legality of the decision, the employer must have a full package of documentation drawn up in accordance with all legal requirements.
  • The employer thereby provides himself with insurance if the fired person goes to court. The documents in the defendant’s hands will become real proof that the employer is right.
  • At the same time, the company (HR) upon termination of the contract under any of these clauses must have a set of documents accompanying the labor activity, as well as local regulations and regulations:
  • job descriptions if a person is “dismissed” due to non-compliance;
• Confidentiality clause in case of termination of contract in case of violation of trade secrets;
  • the employer is given the right to dismiss a person within one month as soon as the fact of a violation (first and only or subsequent) has been certified;
  • Moreover, this time does not include periods when a person was on sick leave (with the exception of a leave sheet for caring for a family member, this period is taken into account in this calculation), was on vacation, as well as days when the necessary opinion of the trade union was taken;
  • but under all the above conditions, the penalty cannot be issued after six months;
  • the exception here is a reprimand issued as a result of an audit or financial audit; in this case, the employer has 2 years (the period of the trial is not included in this period).
• Sixth, the basic rule of imposing a disciplinary sanction must be observed: the list of DVs is exhaustive, therefore the employer does not have the right to apply other types of punishment (fines, deprivation of bonuses, etc.) to the violator. Only one penalty can be applied for each violation.
• You should also remember the consequences: if a labor offense is committed and an employee is charged with DV (no matter a reprimand or a reprimand), the employer has the right not to pay the employee incentive payments in whole or in part, but only if local regulations provide for it, and if repeated (within one year) violation of labor discipline, dismiss the employee (clause 5 of part one of article No. 81 of the Labor Code of the Russian Federation).
• You need to know that any employee can be fired “under article” if desired, including categories that enjoy exemptions for dismissal under other articles (single mothers, part-time working mothers with children under three years old, etc.).
  • It must be taken into account that dismissal for any reason (except for liquidation of the company) is prohibited:
  • while a person is on leave (annual paid or without pay, to care for a child until he reaches the age of three, as well as on educational leave);
• during sick leave, and you need to know that this rule does not apply to cases of sick leave for a sick family member; during this period, dismissal is possible.
• Penalties are not included in the labor report (unless, of course, this is the final stage - dismissal).

We recommend that all personnel officers who carry out dismissal “under the article” know these principles. After all, one mistake during such a procedure can be fatal for the employer. Judicial practice is often replete with decisions not in favor of the company, where even the most minor deviations from the requirements of labor law were made.

How and where to challenge dismissal “under the article” - a word from a lawyer (video)

Employer's liability for illegal dismissal

Much has already been said above that when dismissing people, especially under articles with serious consequences for the employee, HR officers need to be especially careful and legally savvy. It is known that during trials and litigation, as a rule, the courts side with employees. And this is especially true if the employer has prepared a weak evidence base.

What are the consequences of illegal dismissal?

• reinstatement of the dismissed person (and whether to return to the company or not is decided by the person himself at the time of filing a complaint or at the time of making a decision);
• if it is recognized that a person was suspended from work illegally, he is paid a salary for the entire period of forced absence;
• accordingly, the employer will be obliged to restore the length of service lost during forced absences and count the allotted vacation days during this time;
• if the workplace of an illegally dismissed person is occupied, the company will have to vacate him (it is possible to return a person by transfer to another position only with his consent and without a reduction in salary);
• a person can demand compensation for moral damage from the company (this is enshrined in Article No. 394 of the Labor Code of the Russian Federation).

In addition, there are penalties for the employer for late payment of severance pay (Article No. 140 of the Code), withholding the work book (see), etc.

There are enough articles in the Code for dismissing negligent employees. But amateur activity is unacceptable here. Firstly, labor legislation clearly regulates every step of the administration when terminating an employment contract, and violations here immediately turn against the initiator. And secondly, driven into a corner by a “bad” article, a person will try with all his might to restore justice. And if there is even one gap in the employer’s actions, the fired person will definitely try to take advantage of it.

In the case when an employee is fired from a position under an article of the Labor Code of the Russian Federation, a corresponding entry is made in the work book and the question arises of what to do for further employment. The law establishes 14 reasons why an employer can terminate cooperation. What to do if being registered as an employee prevents you from taking a new job?

The paragraph and article number matter

In office work, there is no such thing as dismissal under an article; in fact, any severance of labor relations is regulated by one or another article of the Labor Code of the Russian Federation. The only difference is that some wording corresponds to termination of the contract at the initiative of the employee (Article 80) or by agreement of the parties (Article 78), while others cast the former employee in an unflattering light (Article 81).
The last group includes “guilty” grounds, the consideration of which is under the jurisdiction of the labor inspectorate and the court.

According to Article 71, the employer has the right to dismiss an employee if he has not performed properly during the probationary period. The employer can also refer to paragraph 11 of Article 77, according to which violations of the Labor Code of the Russian Federation were committed when drawing up an agreement between the employee and the boss.

In approximately 87% of cases, the termination of an employment contract at the initiative of superiors is caused by the employee’s violation of his obligations. As a rule, management makes concessions and makes an entry in the labor report corresponding to Article 78 or 80, but sometimes it is not possible to reach an agreement, and the book becomes “spoiled.”

For reference! Often, the employer threatens dismissal under the article if the employee does not sign the application of his own free will. However, due to “guilty” circumstances, they are not fired if the person strictly fulfilled his duties.

What to do if there is an entry in the employment record indicating dismissal under an article?

Every time a person gets a new job, he has an interview, which begins with studying a package of documents. A “spoiled” work record instills fear in an employee, and many believe that with dismissal under the article, the career comes to a dead end. There are several ways out of this situation.

Agreement with management

You can prevent dismissal due to “guilty” circumstances by reaching an agreement with the HR department and management. This option is often used if the company itself does not comply with the Labor Code of the Russian Federation. It is enough to promise silence in exchange for an entry in the employment record; it is advisable to have some evidence of administrative violations to be on the safe side.

Loss and replacement of labor

The easiest way out for most laid-off workers is to lose their work record book. In this case, when applying for a new job, you should submit an application requesting a new document. However, information about length of service and previously held positions will not be reflected.

Fact! The HR department can only make entries regarding the position the person holds in the current company. You can restore data about work at other enterprises, that is, a duplicate book, at your previous place of work.

If a person was fired from his last job, you can contact the penultimate employer to create a duplicate. However, it is worth considering that information about the position from which the employee was dismissed due to a “bad article” is also available in the Pension Fund of the Russian Federation, since management is obliged to make deductions.

Going to court

To protect their rights in case of controversial issues, a person has the right to go to court - this is regulated by Article 392. According to the law, this can be done within 30 days from the date of receipt of a copy of the dismissal order. At the same time, the claim should indicate demands not only for reinstatement, but also for monetary compensation in connection with forced downtime at work.

For reference! The former employee does not pay the fee and court costs (Article 393).

If during the court hearing it becomes known that the dismissal was groundless, the process of terminating the contract was in violation of the Labor Code, it is possible to receive moral compensation. The court determines its size individually.
In most cases, the court makes a decision in favor of the dismissed person, but in the future he should be careful. It is recommended that you re-read the contract and act strictly in accordance with it. The employer may offer to resign, force you to leave your position, and in no case should you be provoked.

Behavior in a conversation with a new employer

Further employment depends not only on the records in the employment record, but also on how the person behaves in front of the new employer. If you want to get a job in a company, you need to focus the recruiter’s attention on your education and work experience. You should not talk about your past employer, much less speak about him in a negative light. It is enough to briefly describe the situation as a misunderstanding.

Some managers stop requiring labor documents when applying for employment, receiving information about their length of service from the Pension Fund of the Russian Federation. In this case, you can hide the information and calmly get a job.