What are the grounds for dismissal of an employee? What are the grounds for dismissal under the Labor Code

Labor law protects the interests of both parties to the employment contract. However, the worker, as his most vulnerable side, still has some advantages. So, it will be very difficult for an employer to dismiss an objectionable person, if there are no good reasons for that. The list of grounds for legally terminating an employment relationship is closed and is not subject to broad interpretation. Nevertheless, over the past century, the number of these grounds has more than quadrupled - today there are already 18 of them (we are talking about the grounds contained in Article 81 of the Labor Code of the Russian Federation). And this allows us to say that the legislator has taken into account all possible situations when it is necessary to dismiss an employee. So what are the features of the procedure for dismissing an employee at the initiative of the employer in 2016?

In what cases can an employee be fired at the request of the employer?

It is possible to dismiss an employee unilaterally only on the basis of a closed list of grounds expressly provided for by the Labor Code

The legislative basis for the forced termination of labor relations with a working citizen is the provisions of Art. 81 of the Labor Code of the Russian Federation. The norms contained in it can be conditionally divided into several groups.

Table: reasons for dismissal provided for in Art. 81 TK

Separate grounds for the dismissal of certain categories of employees can be found in other articles of the Labor Code:

1. Art. 71 gives the employer the right to fire an employee who has shown negative results during the test.
2. Art. 278 establishes several special reasons for the dismissal of the head:
   • in connection with his removal from management during bankruptcy;
   • by decision of the founder legal entity or its authorized body;
   • in case of non-compliance with the requirements of Art. 145 of the Labor Code to the maximum level of average wages for leadership positions some state funds, institutions and enterprises;
   • on additional grounds contained in the concluded labor agreement.
3. Art. 307 makes it possible to establish additional grounds for dismissal in the contract if the employer is individual without IP status.
4. Art. 312.5 allows termination of a remote worker contract for reasons specified in the same agreement.
5. Art. 347 gives the employer the right to dismiss an employee of a religious organization on additional grounds contained in the employment agreement concluded with him.
6. Art. 336 set special grounds for completion labor activity teachers:
   • repeated gross violation of the charter of the organization;
   • the use of illegal methods of education;
   • reaching the age limit established by the Labor Code.

It should be noted that the rules for applying the rules on the dismissal of an employee at the will of the employer make it possible to use them far from in any situation, even if the reason for this exists and is officially confirmed. Yes, you can't get fired.

• an employee who is actually absent from the place of work due to illness or official leave - during the entire time of his absence;
• a woman in a position (except in cases of completion of the activities of a legal entity);
• on grounds other than those established by paragraphs 1, 5–8, 10, 11 h.1 Article. 81 and paragraph 2 of article 336 of the Labor Code:
  • mother (father or other person in the absence of the mother) of the child before three years;
  • a single mother (another person in the absence of a mother) of a minor child or a minor child with a disability;
  • the sole breadwinner of a minor disabled child or a child under three years of age, if the family has more than three minor children.

The current legislation is designed for many situations in life. It protects the interests of the employer and production process while respecting the most vulnerable categories of workers and adhering to the principles of fairness in special cases. In practice, the following non-standard situations often arise:

1. The mother or father of a large family, if she or he is the only earner in the family, cannot be forcibly dismissed, provided that the employer’s desire to terminate the contract is not due to the termination of the legal entity’s activities or the guilty actions of the employee. At the same time, the family must have at least one child under three years old and three - up to 14 years old.
2. An employer can dismiss a remote (remote) employee only in situations established by the contract concluded with him. Thus, when drawing up an agreement on hiring a remote employee, it is necessary to carefully consider all possible situations in advance and indicate all possible grounds in the agreement, even if they will duplicate the TC.
3. If an employee is absent due to illness, but a decision has been made to dismiss him for one of the reasons established by Art. 81 (except for paragraph 1 of part 1), it will be possible to dismiss him only upon returning to work.

Termination of the contract for many reasons, providing for the absence of the employee's fault (reduction, liquidation, departure of the head during a change of ownership, etc.), involves compensation payments from the employer.

Video: termination of an employment contract at the initiative of the employer

Features of the dismissal process at the request of the employer

The presence of a large number of diverse grounds for dismissing an employee at the request of the employer does not allow us to talk about a specific algorithm of actions within the procedure that would be suitable for any situation. The dismissal procedure for each individual reason, to one degree or another, has its own characteristics, among them:

1. When terminating contracts with employees due to the liquidation of a legal entity, the employer is obliged to inform each of them no later than two months before the expected date of dismissal. By mutual agreement of the parties, a citizen may leave before the appointed time with payment of compensation. monetary reward in the amount of wages proportional to the unworked period. For temporary and seasonal workers, the notice period has been reduced to two and seven days, respectively.
2. With a reduction in staffing, the process is even more complicated:
   • first of all, the employer must approve the new staffing, by determining the positions to be abolished, taking into account the rules of preferential retention at work (Article 179);
   • 2 months in advance, and in case of mass reduction - three - to warn each employee falling under it (temporary and seasonal employees are warned two and seven days in advance, respectively);
   • within the same period notify the local employment center and the trade union organization;
   • by mutual agreement of the parties, the term of dismissal may be postponed to an earlier date with payment of compensation in the same amount as under similar circumstances in the conditions of liquidation of the organization;
   • to offer the reduced persons a transfer to the available and suitable vacancies for them, in their absence - to notify the employees about this.
3. Upon dismissal applied as disciplinary action for a repeated misconduct or a single gross violation, one should remember the terms for applying disciplinary sanctions - no more than six months from the moment of commission (with the exception of those misconduct that were discovered by the audit) and no more than a month from the moment of discovery. In addition, the following procedure must be observed:
   • fixing the fact of committing a misconduct (drawing up an act, a memorandum of the head of the structural unit addressed to the management);
   • familiarization of the person who committed the offense with the act, requesting explanations from him (in writing). If necessary, fixing his refusal to perform these actions (an act is drawn up on the refusal).

In case of application of other paragraphs of Art. 81 or other articles of the Labor Code upon dismissal at the initiative of the employer, each circumstance that became the basis must be documented (by the minutes of the meeting of the attestation commission, by the decision of the collective governing body of the legal entity, by the decision of the authorized state body, etc.). The drafted document will subsequently serve as the basis for issuing a dismissal order.

Dismissal procedure and basic documents

After the paperwork is completed - the grounds for dismissal in accordance with the reason for the termination of the employment relationship, the employer proceeds directly to the issuance of the order. At this stage, the following sequence of actions should be followed:

1. Issue a dismissal order, indicating the reason with reference to the article of the Labor Code and the grounds (documents confirming the commission of a disciplinary offense, explanatory, etc.).
2. Familiarize the dismissed person with administrative document, and in case of his refusal to draw up an act about this.
3. Issue the final invoice to the employee.
4. Enter information about the dismissal in the work book.
5. Make notes about the dismissal in the personal file and the employee's personal card.
6. Notify the interested state bodies (service bailiffs, military registration and enlistment office), if necessary.

The main documents that need to be drawn up in the dismissal procedure at the initiative of the employer:

• notification of the reduction or liquidation of the organization;
• a proposal to transfer to a vacant position corresponding to the qualifications of a citizen;
• an act on the commission of a disciplinary offense;
• dismissal order.

Photo gallery: sample paperwork

The order for dismissal for absenteeism as the basis indicates the documents fixing the fact of this misconduct. The act fixing the fact of the misconduct committed by the employee is signed by at least three employees of the organization. The order for dismissal in connection with the liquidation of a legal entity must contain a reference to paragraph 1 of part 1 article 81 of the Labor Code of the Russian Federation The dismissal order is drawn up on the T-8 form. The employer is obliged to notify employees of the liquidation of the organization and the upcoming dismissals in connection with this two months before the event occurs. in the form of a separate document, and is included in the notice of reduction The employee must be familiarized with the notice of reduction against signature

Rules for entering information into the labor

The dismissal note entered by the personnel officer in the work book must contain a link to the article of the Labor Code that served as the basis for the dismissal and a breakdown of the reasons.

Table: an example of filling out a work book

Organization of expenses and compensation: what needs to be paid and how to calculate?

Upon dismissal at the initiative of the employer, the employee must be paid on the last working day:

1. Salary for the unpaid period of work - is calculated based on the monthly salary of the employee in proportion to the number of days worked.
2. Bonuses, bonuses, allowances (if any are established by law, local documents of the employer or labor agreement and are payable taking into account the reason chosen for terminating the relationship) - are calculated in the manner prescribed by law or local legal acts.
3. Compensation for unused vacation in whole or in part - is calculated based on the average salary in proportion to the number of days not taken off.

Severance pay at the end of employment on the grounds under consideration is paid in cases established by the Labor Code:

1. In the event of a reduction in the staffing level or the termination of the activities of a legal entity - in the amount of the average monthly salary (further, in the absence of employment over the next two months, two more average monthly earnings may be paid).
2. Upon dismissal of employees holding managerial positions:
   • when changing the owner of the property of a legal entity - in the amount of a two-week average salary;
   • by decision of the owner or an authorized collective body without the fault of the head - in the amount of three months' average earnings.

Example. Leading specialist T.P. Spetsian should be dismissed due to staff reduction on August 25, 2016. According to the labor agreement, her salary is 20,000 rubles. The regulation on bonuses at the enterprise provides for the payment of a monthly bonus for high labor achievements in the amount of 5% (in the absence of outstanding and outstanding disciplinary sanctions). For the period from August 2015 to July 2016, T.P. Spetsian received an income (minus social payments) in the amount of 250,000 rubles, she was not on vacation or on sick leave. For the working year (from February 13, 2016 to February 12, 2017), T.P. Spetsian is entitled to 28 days of labor leave.

Payroll preparation:

20,000 rubles / 23 working days (total in August) x 19 working days (worked out) = 16,522 rubles.

Surcharge calculation:

20 000 rubles x 5% / 23 working days x 19 working days = 826 rubles. (the calculation is approximate, in a particular situation it will depend on the conditions determined by the document by which it is installed).

Calculation of compensation for non-vacation leave:

1. Number of days: 28 days / 12 months x 6 months (full worked out of the working year) = 14 days.
2. Average daily earnings: 250,000 rubles / 12 months / 29.3 (average number of days in a month) \u003d 711 rubles.
3. Compensation: 14 days x 711 rubles. = 9 954 rubles.

Severance pay calculation:

711 r. x 22 business days (next calendar month- September 2016) = 15,642 rubles.

Employers should strictly observe the deadlines for the payment of the final payment (on the last working day, and in the absence of an employee - no later than the next day after the presentation of the request for payment). Otherwise, you will have to incur liability in the form of a penalty fee (1/300 of the Bank of Russia rate) for each day of delay.

The rights of the employee upon termination of the employment contract at the initiative of the employer

Despite the fact that the unwillingness of an employee dismissed at the will of the employer to terminate the employment contract is unlikely to change the situation in his favor, he is still endowed with a number of rights in the procedure:

1. Accept or reject job offers if termination is contemplated labor agreement to reduce the number of employees at the enterprise.
2. Upon agreement with the employer, receive compensation and leave earlier than two months at the end of the employment relationship due to the liquidation of the legal entity or reduction.
3. Get acquainted with the act of the committed misconduct.
4. Give explanations regarding the circumstances that led to the violation of discipline.
5. Receive assistance in protecting interests from the trade union organization.
6. Apply for protection of rights to the labor inspectorate or the prosecutor's office.
7. Appeal against the unlawful actions of the employer in the judicial authorities.
8. Receive statutory payments within three months, subject to unemployment (for those laid off for reduction or liquidation).
9. Receive employment center benefits after dismissal in minimum size- for those dismissed for a disciplinary offense, on a general basis - for everyone else.

Arbitrage practice

Taking into account the unilateral procedure for terminating labor relations, the category of dismissals under consideration is the leader in terms of the number of disputes. Among the most popular violations on the part of the employer, which led to a court decision to recognize the dismissal as inconsistent with the law:

1. When terminating an employment contract for absenteeism and other gross violations:
   • incorrect determination of the time of absence from the workplace;
   • unfair assessment of the reason for absenteeism;
   • non-compliance with the procedural aspects of bringing a person to responsibility (lack of an act, failure to familiarize the employee, lack of an explanatory note, etc.);
   • non-observance of the principle of proportionality of the punishment and the gravity of the offense committed;
   • dismissal of an employee who is prohibited from dismissal on this basis (for example, a pregnant woman);
   • dismissal for being at work drunk without a proper medical certificate
2. When applying the grounds - a repeated disciplinary offense:
   • lack of repetition;
   • non-compliance with the deadlines for bringing to responsibility;
   • non-compliance with the procedure for bringing to responsibility;
   • inconsistency in the severity of punishment;
   • dismissal of employees not subject to dismissal on such grounds.
3. When terminating an employment agreement to reduce staffing or liquidate a legal entity:
   • absence of actual reduction or liquidation of the legal entity;
   • non-compliance with the rules of preferential abandonment of employees in case of reduction;
   • non-compliance with the procedure for dismissal (untimely warning, failure to offer employees a transfer to existing vacancies, failure to notify the employment center and the trade union organization, etc.);
   • violations related to the liquidation of a branch or representative office (in this case, employees are subject to dismissal only if the organization has completely ceased its activities in the given area);
   • refusal to pay severance pay, violation of the rules for offsetting severance pay.

Modern Russian legislation contains a large number of diverse grounds for terminating an employment relationship with an employee at the will of the employer. Among them are violations of discipline, low level the qualifications of the employee, the reasons associated with the regulation of the regular number of employees and the termination of the activities of a legal entity, the grounds that apply to certain categories of employees. Each of the bases has its own characteristics regarding the procedure for the procedure, employees payments, possible disputes. In order to avoid disputes involving authorized state bodies, and even more so entailing serious material and legal consequences, the employer should strictly follow the letter of the law when carrying out the dismissal procedure.

The state, acting before citizens as a guarantor of the protection of their rights, does not change itself in the segment of labor relations. The legislation is carefully thought out, and does not allow unreasonable dismissals of employees by employers. Representatives are more likely to take the side of workers judicial system when the issue concerns a dismissal decision made by an executive "on the verge" of complying with the law.

If an employee is dismissed at the initiative of the employer, the manager bears a great responsibility. Violations of legal norms, deadlines and payments can provoke a situation in which the judiciary will not only return the employee to the service forcibly, but also impose a significant fine on the organization.

To avoid such consequences, one should study labor legislation in terms of the rules and procedures for dismissing employees, as well as take into account the exceptions for certain categories of citizens.

The main document regulating all aspects of the dismissal of employees is the Labor Code.

Foundations

The list of all employers' possibilities in terms of dismissal of employees is indicated in Article 77.

It is allowed to dismiss an employee:

• with his consent and on his personal initiative;
• having come to a general agreement between the employee and his management;
• at the time when the term of the contract between the parties ends;
• under changed circumstances and working conditions, on the basis of which the employee does not want to continue the employment relationship;
• by decision of the company's management.

In contrast to the termination of contractual relations at the request of the employee, if the initiative comes from the employer, then legal restrictions come into force ( Labor Code of the Russian Federation, Article 81).

The reasons

The management of the enterprise may terminate the employment contract with the employee in the event of:

• if the enterprise is liquidated and stopped working, or its owner has changed;
• making an informed decision on the need to reduce staff;
• if the work of the employee does not meet the standards (insufficient qualifications, immoral behavior, refusal to perform official duties, violation of the rules labor discipline or safety standards)
• if the state of health of the employee, confirmed by a document from a medical institution, does not allow him to continue working (this option is only valid if the company does not have a suitable replacement position, or the employee refuses a new job);
• a proven offense committed by an employee against the interests of the company (theft, embezzlement, embezzlement, intentional harm caused to employees or property, violation of information security standards);
• concealment of information regarding the existence of a conflict of interest, one of the parties to which is the employee;
• if the employee, when applying for a job, resorted to deception by presenting false documents.

By introducing into the legislation the need for grounds for dismissal of an employee, the state protects citizens from possible discrimination and subjective assessments by management. Any reason must be documented.

What Not to Do

The law prohibits a number of actions when dismissing employees at the initiative of management.

These include:

• the impossibility of dismissing an employee at the time of illness, confirmed by a certificate of incapacity for work;
• inadmissibility of dismissal during the period of vacation of any kind;
• restrictions on the dismissal of certain categories of citizens.

To be able to dismiss an employee in a general manner, you must make sure that he does not belong to an exceptional category.

On a general basis, employees cannot be dismissed if they are:

• minors;
• pregnant women;
• single mothers with children under 14;
• citizens caring for children under the age of three;
• citizens caring for a disabled child who has not reached the age of majority.

This does not mean that these workers cannot be fired at all. For the termination of contracts with exclusive categories under the special protection of the state, there are separately agreed conditions and rules.

Dismissal procedure

The provisions of the Labor Code oblige the employer to formalize the dismissal in the prescribed manner (Labor Code of the Russian Federation, Art. 84.1). If the question concerns dismissal at the initiative of the management of the enterprise, then general order layoffs are as follows:

• management must have a reason (documented reason for the decision);
• the employer is obliged to warn the employee about the upcoming termination of the contractual relationship by an official order, which indicates the basis;
• familiarization with the document must be confirmed by the signature of the employee;
• the decision of the management must be reflected in the work book, and the entry must be accompanied by a reference to the article of the Labor Code, which is the basis for dismissal;
• on the day of termination of the contract, it is necessary to provide the employee with personnel documents (mandatory for issuance are: a work book, a certificate of income for two years and a certificate of contributions paid to the FIU);
• also on the day of dismissal, it is necessary to make a full settlement with the employee;
• the terms for notifying the employee of the upcoming dismissal depend on the type of employment contract and are mandatory.

Depending on the reason for dismissal, separate points are added to the procedure that the employer is obliged to fulfill.

Liquidation

If the dismissal is due to the termination of the work of the entire enterprise, then the contracts with all employees are terminated. Selective dismissal of employees for this reason is unacceptable.

Design stages:

1. Drawing up an order to terminate the work of the organization.
2. Notification of employees (personally, against signature);
3. Notification of representatives of the trade union and the employment service (Labor Code of the Russian Federation p. 180) two months before the date of entry into force of the order.
4. Execution of orders for the dismissal of staff.
5. Calculation.
6. Issuance of personnel documents.

If a mass layoff is imminent, the notice period is extended to three months.

Reduction

If it is necessary to cut the number of work positions, the employer must be guided by the rules related to the processing of staff reductions. According to the procedure, they are identical to the stages carried out during the liquidation of the company, with one addition.

Following the issuance of a redundancy order, the employer must consider offering job replacements for redundant workers. If the employee agrees to new position, then it is translated. If a vacant position does not appear before the day of dismissal, or the employee does not agree with the proposed working conditions, a dismissal order is issued, documents are calculated and issued.

It is important to remember that when dismissing employees under this article, as well as during the liquidation of an enterprise, the employer is obliged to pay them severance pay. Its size corresponds to a two-month salary

"According to the article"

Dismissal "under the article" leaves a certain negative imprint on the employee's future work. For this reason, the employee often expresses a desire to issue a dismissal on his own initiative. For the employer this species Layoffs mean additional responsibility. When deciding what the employee can be fired for, he must prove the existing violations.

Violations

If an employee is subject to dismissal due to his behavior, neglect of the rules of conduct and safety, or refusal to do his job, then the procedure for parting with such an employee is as follows:

1. Management must issue an act proving the incident.
2. Obtaining written explanations from the perpetrator of the incident (Labor Code of the Russian Federation, Article 193) within two days after the incident.
3. Execution of the order and notification of the violator.
4. Calculation.
5. Issuance of "labor" and required certificates.

So that the employee does not have a reason to defend his rights in court, each violation of labor discipline must be reflected in his case. Being late, absenteeism, refusal to perform duties and other manifestations of a careless attitude to work should be issued in the form of reprimands, penalties, suspensions from work, etc.

When making a decision, it is important to remember that an employee’s violation of discipline may have a good reason. For example, absenteeism may turn out to be an absence from work due to illness, confirmed by a certificate from a medical institution. In this case, the dismissal under this article cannot be executed, since both the labor inspectorate and the court will take the side of the employee.

Despite the direct indication in the Labor Code of the possibility of dismissing a person for drunkenness, the employer will have to prove that the employee was drunk at the very moment of work. If a drunk employee ended up at the workplace after a working day or outside his shift, this cannot be a reason for dismissal.

"Guilty Actions"

The most peremptory type of dismissal is violations related to proven offenses that have caused damage to the enterprise. In this case, the registration procedure is similar to dismissal for violations. The guilt of the employee is recorded in the act and confirmed by a court decision. Often, the owners of enterprises do not bring the case to court, allowing the employee to leave "of his own free will", since his illegal actions directly affect the reputation of the company.

The legislation also allows the dismissal of employees with the wording "loss of confidence". Such a reason for dismissal may be due to the negligence of the employee or deliberate actions that caused or could cause damage to the company's activities.

It should be remembered that for this reason, you can part only with those employees who are officially assigned financial responsibility. Most often they are employees of the financial unit, sellers, logisticians and warehouse employees.

Lack of professional skills

When it comes to performance complaints, the staff assessment steps must be followed for dismissal.

The composition of the attestation commission without fail includes a representative of the trade union. Only a recorded unsatisfactory result can lead to dismissal. Before dismissing an employee, he should be given the opportunity to prove himself in an easier and less profitable position, or to improve his qualification level within the agreed time frame.

Procedure:

1. Issuance of an attestation order, notification of employees;
2. Carrying out evaluation activities with the participation of representatives of the trade union;
3. Notification of evaluation results.
4. Provision of an alternative place of work corresponding to the qualifications of the employee. This item is not mandatory, its implementation depends on the management of the company.
5. Execution of an order for transfer or dismissal.
6. Calculation.
7. Issuance of personnel documents.

When dismissing an employee “under the article”, you should make sure that the facts of the employee’s non-compliance with the established standards are confirmed, and there are no good reasons for their justification.

Special conditions and procedures for dismissal

For certain categories of citizens and depending on the circumstances, there are exceptions in the legislation. They are related to the inability to dismiss an employee for some of the reasons described above, provide for a different procedure, regulate the notice period and conditions for terminating the contract.

On probation

Managers often refer to probation not as a prospect of finding the right candidate, but as an opportunity to use cheap labor for a reasonable period. Employees are not paid extra, and sometimes they are not paid at all, they are dismissed without reason. Employees, not knowing the intricacies of the law, only pander to such employers. Meanwhile, the dismissal of an employee who did not suit the employer for probationary period strictly regulated.

Despite the fact that the law allows an employee undergoing a test to be dismissed according to a simplified scheme, one should adhere to established norms(Labor Code of the Russian Federation, Article 71).

1. Attention to the design of the subjects.

It is important to remember that a probationary period is considered as such only when its presence is specified in the contract with the employee. The absence of a mention of the timing of the employee's verification in the text of the document cancels all the conditions regarding the simplified dismissal procedure, since it is considered that the employee has been accepted into the state without a preliminary test. The same applies to compliance with the maximum duration of the probationary period. For the bulk of specialties, it corresponds to three months.

1. confirmed basis.

The grounds for dismissal on probation include the entire list of reasons relating to the dismissal of any of the employees ( article 81 of the Labor Code of the Russian Federation). In addition, anyone who could not adequately pass the test can be fired. To do this, the employer must evaluate the results of the employee and announce them.

1. Timing.

The employee must be warned of the impending dismissal in writing three days before the end of work, indicating the reason decision. If the trial period has come to an end, it is considered that the employee has passed the test successfully. That is, the employer can part with the employee on his own initiative on the basis of the "failure" of the test, no later than three days before its end. After the probationary period, the employee must be dismissed on a general basis.

Dismissal of a pensioner

The procedure for dismissal of age employees differs little from the general one, but has its own nuances that should be taken into account.

1. Downsizing benefits.

This category of citizens is given priority in the right to remain in office, in comparison with other employees (Labor Code of the Russian Federation, Article 179). Also, they should first of all be offered positions in exchange for those who are being cut.

1. attention to reasons.

Under no circumstances can the employee's age be the reason for dismissal (Labor Code of the Russian Federation, Article 2). Retirement must be initiated by the employee himself. The exception is a number of positions and specialties in which an age limit is established. A change of position or dismissal of a pensioner for health reasons is possible only if there are medical indications, documented.

1. Working off.

Upon dismissal, which is associated with the retirement of an employee, the latter is exempted from working off and can leave the service on the day the application is submitted (Labor Code of the Russian Federation, Article 80). Having once quit on this basis, a pensioner who continues to work does not have repeated benefits for exemption from work.

1. Entering data into documents.

When filing the dismissal of an employee retiring, it should be remembered that an entry in the work book with such wording is allowed only once. Subsequent dismissals must be formalized, in accordance with clause 3, part 1, article 77, as a voluntary departure.

Dismissal of a disabled person

Citizens with handicapped is one of the most vulnerable categories. Legislative protection of their rights has been strengthened. When deciding to fire a disabled person, an employer will invariably face legal restrictions. Especially if the employee received the status of a disabled person during the period of work.

Official dismissal threatens only those employees who will be recognized by the medical board as disabled (1st disability group). They are excluded from the employment relationship, and the employer has the right to dismiss such an employee without additional reasons.

If a citizen, despite the disability, is able to work, then the management is obliged to organize working conditions that allow the employee to continue working. This applies to disabled people of the 2nd and 3rd groups. In the first case, although the employee's illness may be prolonged, most often it limits his abilities in one specific area. Accordingly, a disabled person of the 2nd group has the opportunity to work fruitfully in another position and under favorable conditions:

• 35 working hours per week instead of 40;
• lack of night shifts;
• lack of work beyond the norm;
• vacation up to 60 calendar days.

If an employee is assigned group 3, this means that disability is either minimal or occurs periodically. The dismissal of a disabled person of the 3rd group due to limited ability to work is the most difficult, since such workers need only a slight reduction in workload to perform their duties.

If, after the establishment of the group, the rehabilitation of the employee is short-term, no more than four months, then the management should find an opportunity to facilitate work. With a longer rehabilitation or the inability to comply with working conditions that correspond to the conditions of engineering and technical work, it is permissible to dismiss the employee.

Possible options:

• dismissal, as a result of the refusal of the employee from the proposed replacement position;
• dismissal on the basis of the inability to perform the proposed work (carried out in the absence of light work, the inability to provide working conditions acceptable for the employee's rehabilitation program);
• transfer to another job based on the results of an assessment by the attestation commission, confirming the lack of compliance with the position associated with a changed state of health;
• dismissal for violation of labor discipline;
• dismissal in the event of liquidation of the company or reduction in the number of personnel.

Special procedure for dismissal "on disability":

1. The procedure for suspension from work is carried out immediately, as soon as the employee has received a certificate of assignment of a disability group.
2. Familiarizing the employee with the decision, offering him another job that meets the conditions in the rehabilitation plan.
3. There is no requirement to issue a dismissal order, a preliminary application from the employee.

The order must include:

• reference to the decision of the medical commission;
• rehabilitation plan indications;
• results of certification of the workplace;
• job instructions.

The purpose of the document is to justify the impossibility of continuing the work of an employee in his position.

1. Transfer, and in case of refusal of the employee or lack of a vacant position that meets the conditions, dismissal.
2. On the last day, the calculation and issuance of documents is made.

If the disability was received during the period of work, the disabled person has the right to receive a severance pay designed to compensate for the loss of ability to work.

Women

A special category of employees upon dismissal are women who are preparing to become mothers and have children. The state strictly protects their interests, dismissal on a general basis is not allowed.

pregnant

Legislation prohibits the dismissal of pregnant women during the probationary period, as well as when the last labor duties are neglected.

The decision to dismiss will be legal only if further work collaborators is impossible ( Labor Code of the Russian Federation, Article 81):

• upon liquidation of the company;
• if the term of the contract has expired;
• the enterprise changes its territorial location, and the employee herself refuses to move;
• the employee is not satisfied with the changed working conditions;
• proven incapacity to continue working;
• the employee's permit (license) to carry out work has ended.

Often, in order to dismiss employees in a “position”, management resorts to dismissal at the initiative of the employee. However, if a woman goes to the labor inspectorate and claims coercion, the controlling body most often takes her side, as well as the subsequent court.

single mothers

If a single mother has a child under 14 years of age or a disabled person who has not reached the age of majority is dependent on her, dismissal at the initiative of the employer is limited (Labor Code of the Russian Federation, Article 261).

Dismissal is permissible (Labor Code of the Russian Federation, Article 336):

• upon termination of the organization;
• for gross violations of labor discipline (if the employee has penalties - paragraph 5 of Art. 81 of the Labor Code of the Russian Federation);
• for immoral behavior;
• if guilt is proven that has caused (or is capable of causing) damage to the organization;
• upon detection of a deception committed by an employee when applying for a service.

It is important to clearly understand the boundaries of the definition.

Single mothers are women:

• who gave birth to a child from an unknown father and are not married;
• adopting children without a husband;
• in children whose fathers have successfully disputed paternity.

If the above factors are not present, then a woman who has dissolved a marriage or a widow cannot be considered single. In the first case, the father must take part in the maintenance of the child, and in the second case, the state.

The same restrictions apply to those mothers whose one of the children is under three years of age, as well as to fathers with many children.

Leading employees

For management and leading specialists, there is also a special procedure for dismissal. It applies to the director, his deputy, chief accountant and other positions determined by the company's charter. Often, in their employment contracts, the terms of dismissal are negotiated separately, since the termination of their work directly affects the activities of the organization as a whole.

The position does not affect the reason for dismissal, but its procedure.

The process of dismissal affects many aspects, therefore, a transitional period is established during which the dismissed employee will be able to transfer cases.

If a financially responsible employee is dismissed, then a special commission is first created to audit the contents of accounts, organization funds and documents. To account for the values ​​before the dismissal of an employee, an inventory is carried out.

The notice of dismissal must contain:

• test results;
• a person who is appointed to perform the duties of a dismissed person during the transition period;
• transition period;
• the procedure for the transfer of cases and the form of acts of acceptance and transfer.

The term of care should be calculated so that the employee can transfer cases to last day layoffs.

Legal Consequences

Many employers, faced with "inconvenient" or unscrupulous employees, prefer to come to an agreement to terminate work by agreement of the parties or at the request of the employee. It is difficult, but possible, to prove that an employee made an agreement or statement written “of his own free will” under duress. If the employee is able to prove the intent of the management to dismiss without reason, the company may be drawn into legal proceedings.

The results may be:

• fine;
• compensation to the employee for the forced absence of work and moral damage;
• the need to reinstate the employee.

Even if the employee does not go to court, but only applies to the labor inspectorate, the sanctions laid down by law will still follow.

In addition to wrongful dismissal, an employee may complain about a violation of the dismissal procedure or the lack of necessary payments. Therefore, when deciding whether it is possible to dismiss an employee, it is necessary to carefully follow the conditions prescribed in the law.

Often, the employer threatens to fire a negligent employee under the article, although the term “dismissal under the article” does not legally exist. Any dismissal, in principle, occurs under one or another article of the Labor Code of the Russian Federation, but some articles of the Labor Code may adversely affect the further employment of an employee. Article 81 of the Labor Code clearly defines the reasons why an employer can dismiss an employee.

Now there are fewer of us...

Paragraph 4 of this article states that the head, his deputies and the chief accountant can be fired when the owner of the organization changes. In this situation, only the above persons can be fired. The new owner does not have the right to dismiss ordinary employees under this article.

When an organization is liquidated, everyone is subject to dismissal, this will affect even pregnant women and young mothers.

When reducing the number or state, there are several groups of people who enjoy the exclusive right not to lose their jobs. These people include breadwinners and people with long continuous work experience at a given enterprise, institution, organization.

Mismatch…

Another reason for dismissal is specified in paragraph 3 of Art. 81 of the Labor Code: "Inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification."

To identify the incompetence of an employee, a special attestation commission should be created, which, as a rule, includes the deputy director of the organization, a representative of the personnel department and the immediate supervisor of the subject. A special order is issued for its implementation. The subject is given a task that does not go beyond job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be obviously impossible, for example, in terms of time, you can write a complaint to the labor inspectorate and challenge the results of the certification in court. A final report is drawn up on the results of certification.

Dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. This can be either a vacant position or work corresponding to the qualifications of the employee, or a vacant lower position or lower-paid work that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. In the event that the employee refuses in writing all the proposals made to him, the employer may dismiss him.

Failure…

An employee can also be fired for failure to perform official duties. So, according to paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the reason for dismissal may be "Repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction."

Failure by the employee must be repeated and without good reason. Moreover, a disciplinary sanction must already be imposed on the employee.

According to Article 192 of the Labor Code of the Russian Federation, a disciplinary act is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

remarks, reprimand or dismissals on the appropriate grounds.

To dismiss an employee on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, his failure to fulfill his labor duties must be:

a) repeated;

b) without good reason.

If there are good reasons, then the employee must state them in writing. And at the same time, the employee must already have a properly executed disciplinary sanction.

Ivanov, late again!

Another reason for dismissal, as stated in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, is "A single gross violation by an employee of labor duties."

Absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, is considered absenteeism. The most important good reason is sick leave. If, after returning to work, you do not provide sick leave, then the employer may put you on absenteeism.

If you had other valid circumstances, they must be stated in writing. It is up to management to decide whether your reasons are valid.

If you need to be absent from work, write a statement in duplicate, on which your management puts its resolution “no objection”, date and signature. The first copy is with the authorities, the second is for you.

Delays are different. "A single gross violation is also considered to be absent from the workplace without good reason for more than four hours in a row during the working day (shift)." That is, if you are late for work for an hour, you cannot be fired under this item. However, for repeated delays, a disciplinary sanction can be imposed and subsequently dismissed under paragraph 5 of Art. 81, as for repeated non-fulfillment by an employee without good reason of his labor duties.

Theft and embezzlement

Perhaps the most indisputable reason for dismissals contains subparagraph D, paragraph 6. Art. 81 of the Labor Code of the Russian Federation "Theft at the place of work (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses."

Already from the text of the law it is clear that in order to dismiss an employee on this basis, a court decision or a decision of an authorized official is necessary, that is, an investigation must be carried out. However, in practice, an employee may be asked not to make a fuss, which in different circumstances can affect both the reputation of the employee himself (even if he is not to blame for anything), and the reputation of the organization itself. And here the choice is yours.

Unsuitability

Professional unsuitability is a discrepancy between the professional qualities of an employee of the position held. In other words, if an employee does not cope with his duties, or copes below average established level- such an employee may be professionally unsuitable for this position. What to do if you were fired for?

Be careful!

In fact, there are many more reasons for dismissing an employee than listed above. A complete list of grounds for dismissal contains Art. 81 of the Labor Code, which you need to know by heart.

The Labor Code also provides that termination of an employment contract at the initiative of the employer may also occur in other cases provided for by the employment contract with the head of the organization and members of the collegial executive body of the organization. And in each case, checks must be carried out on the legality of your dismissal. Thus, before signing an employment contract, carefully study it so as not to receive unexpected "surprises".

What is written in pen...

What to do if, in your opinion, an illegal entry has appeared in the labor? According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without a legal basis or in violation of the established procedure for dismissal, or illegal transfer to another job, the court, at the request of the employee, may decide to recover in favor of the employee monetary compensation for moral damage caused to him by these actions.

Moreover, if the dismissal is recognized by the court as illegal, the employee has the right to ask the court to change the wording of the grounds for dismissal to dismissal of his own free will. In accordance with paragraph 33 of the Rules for the maintenance and storage of work books, the production of forms work book and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, if there is an entry in the work book about dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate work book for the last place of work, in which all entries made in the work book are transferred, with the exception of the entry declared invalid.

Due to the incredibly frequent requests for help with layoffs, we have compiled a TOP 7 specifically for job seekers important rules- Dismissals under the article. Information was collected during 2013-2015. so that you can confidently communicate with the employer. If we helped you, please express your gratitude in the comments at the bottom of the page. We wish you a peaceful solution to labor issues with employers. And professional success to colleagues HR!

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The general procedure for processing the termination of an employment contract is regulated. This article describes the algorithm of actions that must be followed.

The termination of the employment contract is formalized by the order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

By general rules The day of termination of the employment contract is always the last day of the employee's work, except in cases where the employee did not actually work, but the place of work was retained for him.

On the day of termination of the employment contract, the employer must:

• issue a work book to the employee (if the employee is not at work on the day of dismissal, then a notification is sent to him about the need to pick up the work book or agree to send it by mail);
• make a calculation with him in accordance with;
• at the written request of the employee, issue certified copies of documents related to work.

An entry in the work book on the basis and reason for the termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR professionals as to which wording to use: “employee fired”, “employment contract terminated” or “employment contract terminated”? The Labor Code does not give an unambiguous answer to this question, so employers often choose the wording at their discretion.

Grounds for dismissal of an employee

1. Dismissal during probationary period

The establishment of a probationary period for employment is regulated by Art. 70 TK. It provides a list of employees who are not subject to a probationary period:

• persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;
• persons elected to an elective position for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months;
• to other persons in cases stipulated by the Labor Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of a new employee using memoranda, acts. When the trial period ends and the employer evaluates the results of the newcomer unsatisfactorily, he must document the validity of his decision.

The employer can terminate the employment contract before the expiration of the test period with an unsatisfactory result, but he will need to notify the employee in writing (in the notification format) no later than three days, indicating the reasons that served as the basis for such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If the employee refuses to sign the notification, an appropriate act is drawn up, which records the fact that the employee has read the notification and refuses to sign it. Based on the notification, an order T-8 is issued to terminate the employment contract. If the employee refuses to sign the order, then at the bottom of the order the personnel officer makes an inscription by hand that the employee was familiarized with the order, but refused to sign, or an appropriate act is drawn up. In any case, it is important to record the fact that the employee is familiar with the order.

The employee can also terminate the employment contract at his own request during the probationary period. To do this, he needs to submit an application, while he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 TC, will be three calendar days. The dismissal itself is made on the basis (termination of the employment contract at the initiative of the employee).

2. Voluntary dismissal

Which article of the TC to focus on:.

The employee has the right to terminate the employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement of the parties, this period may be reduced.

In cases where the dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds for when such an option is possible: enrollment in educational institution, retirement, established violation of labor laws by the employer, etc. The practice of labor relations shows that there are many more reasons to reduce the notice period. For example, an illness that prevents the continuation of this work, if there is an appropriate medical certificate; moving to another area ().

The list of valid reasons for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in the collective agreement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract. For example, in Art. 64 of the Labor Code states that it is forbidden to refuse to conclude an employment contract for employees invited in writing to work in the order of transfer from another employer.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must:

• issue a work book to the employee;
• issue other documents related to work, at the written request of the employee;
• make a settlement with him.

How to draw up documents?

When an employee has the right to reduce the notice period, he writes the date of dismissal, which is mandatory for the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to a benefit, but asks to be fired earlier. For example, he writes a statement on May 15, and asks to be fired on May 19. In this case, the employer may act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires a two-week notice and asks for a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the issuance of the book, so that the employee immediately signs in the book of accounting for the movement of work books).

3. Dismissal by agreement of the parties

Which article of the TC to focus on:.

The basis for dismissal "by agreement of the parties" was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: "The employment contract can be terminated at any time by agreement of the parties to the employment contract." No matter how such a basis for dismissal is perceived, it is necessary to proceed first of all from the fact that the word “agreement” itself indicates a peaceful basis for termination of employment relations.

Despite the fact that the agreement is not provided for by the Labor Code, this is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to the expiration of the employment contract

Which article of the TC to focus on:.

The grounds on which a fixed-term employment contract is concluded are spelled out in. Most often - for the duration of the performance of the duties of an absent employee, for whom the place of work is retained.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a certain date, which is prescribed in the contract itself. Three days before this date, the employer is obliged to notify the employee of the expiration of the period by means of a notice.

Sometimes it is impossible to determine the expiration date of the employment contract in advance, in which case the contract does not indicate the expiration date, but the condition. In this case, it is not necessary to notify the termination of the employment contract, since the very fact that the main employee enters work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code spells out how to issue a disciplinary sanction. The algorithm of actions of the employer in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two business days). The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. In the presence or absence of an explanation, the employer makes a decision based on his assessment of the employee's actions.

The deadlines for applying the penalty must be taken into account - no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

A memorandum on the commission of a disciplinary offense is sent to the name of the director (the person who can make decisions on this issue). And the employee is given a notice against signature with the requirement to provide a written explanatory note. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action will be taken. With “soft” variants of violations, the employee is first reprimanded. At the same time, the order on the application of a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to deal with a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until the fact of violation of labor legislation is established.

The registration of such a situation begins with the preparation of an act for each working day stating that a person is absent from work for an unknown reason (the first act indicates the time of absence “from ... to”, and the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of a long absence - as of the day the next time sheet was submitted.

Letters are sent to the employee with a request to give an explanation of the reasons for the absence (must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may recognize the missing employee as missing through the court. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6, part 1, art. 83 of the Labor Code of the Russian Federation.

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Going to settle down new job, candidates usually make a brief description-presentation about themselves. It includes personal data, information about education, work experience, additional information and the desired position in a new place. Sometimes, although this is not required, the reason for dismissal is indicated on the resume. What to write, if you still want to indicate the reason for leaving, you should not invent. The best option is to copy what is written in the work book.

What is a resume for?

The employer will not accept a new employee until he thoroughly finds out everything about his professional and personal qualities. Therefore, when starting to look for a new job, you need to briefly describe the most important thing about yourself so that the employer gets an idea of ​​\u200b\u200byou as an employee.

For this, a summary is created, a small business card applicant, advertising himself, which contains information about education, work experience, personal data. The question of the reasons for dismissal is always asked at a personal meeting with the employer, therefore it is better to briefly explain in the resume what caused the dismissal.

What are the most common reasons for leaving a resume?

It is not difficult to guess what questions the recruiter will ask at the interview, since everyone can imagine themselves in the place of the employer. Whatever you want to know about your future employee, the same potential employer will want to know about you. The question of why you left your previous job, he will ask you immediately after you tell about yourself.

Therefore, in your resume, indicate the reason for the dismissal, which is in your labor and think over a plan for answering auxiliary questions regarding the details of the dismissal.

Suppose the dismissal occurred of their own free will. This is the general wording. Most likely, this streamlined, faceless phrase will not say anything to the reader of the resume. Therefore, indicating the reason for dismissal "own desire", add a few details explaining in more detail the reasons for dismissal from work, for a resume. Examples:

Some facts

When indicating the reason for dismissal in the resume, do not forget that a serious and experienced employer, when applying for a job, will be able to clarify this issue by calling the former manager. In this regard, you should not come up with situations in which you were forced to leave the previous company. To avoid an awkward situation, you need to learn how to correctly explain the reasons for your dismissal.

1. The return from this position turned out to be less than expected, although the work as a whole was obtained, there were no complaints from the authorities.
2. The limited range of duties did not give the opportunity to learn new things, raise professional level, build up skills.
3. Inattention to rational proposals for improving the organization of labor, misunderstanding on the part of management reduced the desire to work.

If an entry was made in the work book that a disciplinary offense served as the basis for dismissal, indicate an evasive wording in the resume, without reference to the article of the Labor Code of the Russian Federation and prepare to explain in more detail in a personal meeting.

How to state the reason for leaving

Your resume should be written in such a way as to interest the HR specialist not only with the information it contains, but also with the way the information is presented.

The wording of the reason for dismissal from work for a resume should be short, specific, truthful, competent.

• brevity. Indicate the reason for dismissal in almost the same words as the entry in the labor. If there is any negative moment in the record, do not copy it, omit it if it is without prejudice to the general understanding of the meaning of the reason for dismissal. It is better to state your version during the interview.
• Truthfulness. Remember, deception will be revealed sooner or later. Do not write a lie, but come up with an evasive wording. At the meeting, try to honestly explain what mistake you made. An employer will appreciate an honest confession that looks better than an embarrassing lie. In addition, to tell the truth, willpower is also needed, which means you have it. It's small but a plus.
• Concreteness. Try not to write general phrases and formulations, unnecessary information. Firstly, it is difficult to read, and secondly, you may get the impression that you do not know how to present information clearly and clearly.
• Literacy. A document drawn up with errors will make a negative impression and raise doubts about the professionalism of the candidate.

List of neutral reasons for dismissal

Additional Information

It must be understood that a characteristic may be needed from a previous place of work. On the this moment this phenomenon is very popular, so it is better to leave without scandals. If you tell a new manager that the position you worked for has ceased to exist, you need to be prepared to prove this data. Besides, positive feedback from a previous job is a huge advantage when applying to a new company.

Usually talking about real reason I don't really want to get fired. And if the underlying reason for leaving is not one, but several, you can choose one of them, the most neutral. It turns out that you didn’t lie, and didn’t voice what you didn’t want to.

The most popular neutral reasons for leaving:

1. There was a desire to change the type of occupation, the nature of work.
2. There is a desire for career growth want to implement it. Add why they prevented you from moving forward at your previous job.
3. Not satisfied with the salary. Someone does not talk about money, afraid to seem too mercantile. This reason is up to you. By and large, everyone needs money, looking for a place with a higher income is normal. Decipher a little why you suddenly did not have enough of your previous salary (replenishment in the family, you need to save up to buy an apartment, etc.).
4. There was a reorganization in the company, a new management came, the nature of work changed.
5. Moving to another area, it became inconvenient to get there, it took unreasonably much time for the road.
6. The company has changed its location and this area is very inconvenient.

It will not be difficult to choose a suitable reason for dismissal if the work book does not specifically indicate the unseemly reason for dismissal (truancy, drunkenness in working time and etc.).

If the dismissal was under the article, you need to explain why such an act became possible, find extenuating reasons, ending the story with a message about how you regret and repent of your misconduct.

Reasons not worth mentioning

Any employer wants to see a non-conflict, balanced, pleasant person nearby. Reasons for dismissal, which must not be voiced under any circumstances:

1. Hostile relationships, conflicts in the team. The envy of colleagues who in every possible way incited talent and interfered with growth. Communication skills and stress resistance are welcomed by any employer. If you do not have it, as evidenced by squabbles at work that led to dismissal, this will put a fat minus on you as a candidate, despite good knowledge of the matter.
2. Useless bosses who did not appreciate you. You can't really blame the bosses for leaving. Just describe its shortcomings, backing up your reasoning with arguments. This should not come across as a sweeping accusation.
3. Didn't get promoted. Such a reason may prompt the reader of the resume to think, but was there a reason for the promotion? Maybe you have not yet grown up to the chair of the head.
4. Permanent overtime. The new employer may also recruit workers to work extra hours. If overtime is not critical for you, do not mention that you do not like working overtime.
5. Reasons for a personal plan: sick leave, came under investigation, divorce, etc.
6. The system of work of the enterprise with personnel. Regularly forced to engage in advanced training, undergo special trainings, courses, etc.
7. Payment of salaries bypassing the established rules.

Thus, in order not to be in disgrace with the future employer at the stage of submitting a resume, think carefully about how to submit the reason for dismissal without deviating far from the truth and at the same time, preserving your chances as a job seeker.

You need to carefully prepare answers regarding your departure from your previous job. Otherwise, even if the applicant comes for an interview, and then cannot explain the situation and the reasons for dismissal, he may simply be refused employment.

List of suitable reasons

Thinking over what reason for dismissal to indicate in the resume and how to present it as successfully as possible, link the wording with the content of the entry in the work book (if it is left). If there is no work book, in this case you can act freely and pick up the reason without harming your reputation. So, you decided to leave your previous position because:

1. You want to grow, develop, reach new heights, achieve great results, including in material terms.
2. There was a closure, liquidation of an enterprise, department, site, a reduction in the staff due to the re-profiling of the organization.
3. Transfer of spouse (s) to another locality, you followed him and quit your previous job.
4. Stopped scheduling work. Two general holidays per week are required, not rolling ones.
5. The employer violated the terms of the employment contract.

When choosing reasons for leaving, remember that they should explain the departure and help create a positive impression of you as a future employee.

Conclusion

Let's talk about How to write the reason for dismissal in a resume in order to avoid false information if the reason for dismissal is one of those that cannot be written in a resume in any case.

Indicate a neutral wording, for example, they did not agree on organizational issues, but in a personal meeting, be able to convince that an unseemly misconduct was caused by a fatal combination of circumstances.

If the resume is not filled out on a form with columns of questions developed by this particular employer, but in a free form, you can not make an item on the reasons for dismissal. At an interview in a personal meeting, it will be better to explain the situation with a job change, especially if you had to leave not according to the best article of the Labor Code.

Do not include words such as “always, never, hate, nothing, error, problem, failure” in your resume text. Psychologists do not recommend using words with a negative meaning. Replace them with synonyms. For example, not a “mistake”, but a “valuable lesson”.

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