Reasons for voluntary dismissal. What reasons can be indicated for dismissal from work in a resume

Experienced personnel officers say: “There are thousands of employees, but everyone has the same reasons for dismissal.” Indeed, it is not easy to leave the “familiar” place, but life circumstances sometimes leave no choice. Do you want to know why people quit and how to smooth out the unpleasant nuances of this process? Then read on.

Reasons for leaving

Modest wages

One of the most common reasons for employees to leave is small. Various studies have shown that many workers are not satisfied with the level of their income. The dissatisfaction is justified, because in many enterprises wages are either reduced or frozen for an indefinite period. Is it worth it to work for a penny?

Many are transferred to, which does not add optimism. The personal incomes of citizens are falling, while the prices of various human needs are rising.

Many are in no hurry to find a similar job, considering it slavery. For them, the way out is to be registered in the employment center and casual part-time jobs. Less money, but more free time.

Lack of career advancement

About 40% of people who quit their jobs believe that the lack of career growth is the main reason for drastic changes for them. This opinion is held by young people who are striving to achieve something in life. They do not take into account that high positions involve great responsibility, and, therefore, constant tension.

Leadership indifference

Among the good reasons for leaving work, it is worth noting the lack of encouragement and praise from management. Employees need the approval and praise of management, even if not supported by material support.

The understanding that a person is valued and valued at work keeps many in positions with rather modest salaries. More and more managers openly demonstrate their disinterest in this or that employee, believing that a holy place is never empty.

Daily boredom and routine

Monotonous work leads to the fact that a person loses interest in it. Everyone strives to work on something exciting and informative, then work turns into pleasure. Some leave their homes for this reason. You can try to find good moments in such work, but you do not need to work through force, there will be no benefit from such an attitude.

Bonuses and social packages

Rather, their absence provokes people to change jobs. Everyone for their work wants to receive not only a salary, but also material incentives. If the desires of workers are ignored, then their productivity will soon come to naught.

Each employee of the enterprise wants to feel socially protected, if the boss does not show minimal concern for his subordinates, makes you think, is it worth working for such a person?

Nervous environment

Constant rush jobs at work are doing their job, is it necessary to worry at such a job? Many come to the conclusion that it is not, and go in search of a more peaceful place, because health is the most important thing.

The psychological situation at many enterprises leaves much to be desired, but people have learned to endure and cope with difficulties on their own. It is good if tense situations happen from time to time. It’s bad if this happens with enviable regularity.

Frequent conflict situations

Many leave their homes due to interpersonal conflicts. The tension at work is not conducive to a productive environment and leads to undesirable consequences.

Quarrels, squabbles and strife undermine the working spirit and poison the life of everyone who is forced to work in such a tense environment. The conflict at work is impossible to win or lose, so it is better to stay away from various skirmishes and claims.

Long road to work

If a person works 8 hours a day and spends several hours on the way home, then there is practically no free time left. Not only he suffers from this, but also the family that needs his attention.

Balance between work and personal life is important. No important aspect of life should be compromised. In addition to dismissal of one's own free will, there are other points that provoke the employer to take such a step.

Good reasons

The employer can present the employee with valid reasons for dismissal:

skipping work

does not meet the requirements for personal and business qualities,

drinking alcoholic beverages during working hours,

breaks the rules,

In addition to the points mentioned above, it is worth noting the self-will of the leader.

It is impossible to dismiss if the employee is temporarily unable to work, due to pregnancy, illness, or is on maternity leave.

Wrongful dismissal

You need to figure out what types of dismissal are illegal. Approximately 50% of workers face such a violation. Often an employee claims that he wrote a statement of his own free will, being under pressure. In this case, it is difficult to prove the opposite, and everyone remains to his own.

A person can file a complaint to protect his rights to the labor inspectorate at the place of work. Such complaints are considered within a month. You can apply to the prosecutor's office or to the court at the location of the organization.

It also happens

No one is immune from sudden blows of fate, dismissal is a kind of shock for a person who has worked tirelessly.

It happens that even the most responsible and competent workers are fired in order to take their place in relatives, friends, and so on. You can avoid this, prove yourself so well that the boss does not even think about the possible replacement of such a valuable employee.

Power is changing

For example, big changes are coming, the old leadership has been replaced by a new one, and with employees with whom they have developed a trusting relationship. What to do?

Be quirky, talk to the new boss, show your skills and demonstrate professionalism. Stay active and you might be able to keep your seat.

There are situations when professionalism plays against you. It is strange if a person with great experience and high professionalism is fired, while the company has less experienced specialists. The reason lies in the fact that the boss is confused by your work experience, existing skills. Working with such a leader is difficult, even if you prove the illegality of his actions. Take this lesson for granted and turn it to your advantage by starting a new page in your life.

Warning from superiors

A good leader, before firing a person, will give him one chance to correct. He should talk to the employee about the problem and about the possible dismissal if he does not take the right path. An employee can be provided, for which, he must prove himself in the best possible way.

Do not be patient and nervous if the work does not suit you. Look for a job and easily say goodbye to your old place. Working for other people involves negative moments, you need to be prepared for them. There are other options, such as starting a business, passive income, or self-employment.

Do not let employers humiliate you, insult you, no amount of money is worth the constant nerves and irritation caused by the working environment. You can replenish the budget in different ways, look for the right one that will bring moral satisfaction.

Treat the person who works for your cause with respect. Each person has his own psychological and material needs, it is not necessary to treat people as cheap labor. Examine all the reasons for dismissal from work and try to prevent this in your enterprise.

I wrote this material to acquaint you with how toquit voluntarilywithout any negative consequences, regardless of which category of employees you belong to: an ordinary employee or a manager of any link.

Russian legislation provides for a person's right to free labor. This means that everyone has the right to independently choose the type of labor activity (or not choose any - the Soviet norms on liability for parasitism have long been canceled), conclude and terminate an employment contract (contract). And one of the main grounds for termination is dismissal of one's own free will.

This article is devoted to how to properly arrange such a dismissal, and what you should pay attention to in this case.

○ Voluntary dismissal.

✔ TC on dismissal at will.

The current Labor Code of the Russian Federation (hereinafter for simplicity - the Labor Code of the Russian Federation) provides in Art. 77 list of grounds on which an employee can be dismissed. This list is open, but those grounds that are not included in it relate to rather rare professions and positions (such as judges, employees of the Investigative Committee or the prosecutor's office, officials of the municipal or state service), and therefore 11 points of this article are enough for the absolute majority of workers .

Specifically, paragraph 3 of Art. 77 of the Labor Code of the Russian Federation, which in turn gives a reference to Art. 80 of the same code. In essence, Art. 80 is all that an employee needs to know who wants to quit correctly and without any problems.

The dismissal procedure itself for workers who entered into an indefinite employment contract has not changed since 1992, when the Soviet Code of Labor Laws (Labor Code) of the RSFSR (later - the Russian Federation) of 1972 was still in force. However, the Labor Code of the Russian Federation, which has been in force since 2002, has significantly eased the position of employees on a fixed-term contract: now they can quit on general grounds without proving to the employer that they have good reasons for dismissal.

✔ What is the reason to write in the application?

The legislation does not describe in detail what reasons an employee may have for dismissal of their own free will. This is his personal business, which does not concern anyone. Even if he wants to quit because he does not have time to pet his beloved cat before work, he has the right to write a letter of resignation.

The reasons why an employee quits matter only for the so-called " working off"- the period during which the employee who submitted the application is obliged to continue working. As a general rule, such a period is set at least two weeks from the date of application. However, if the dismissal is due to valid reasons, working off is not required. As valid reasons, the Labor Code of the Russian Federation indicates the following:

If the employee is unable to continue working (due to retirement, enrollment in an educational institution, etc.).
If the employer seriously violates labor laws or contracts and agreements with a specific employee or team.

However, this list is not exhaustive, and by mutual agreement, the employee and the employer can do without observing the notice period for dismissal.

Validity of reasons for dismissal of one's own free will was required, as already mentioned, until 2002 for workers on a fixed-term employment contract, and also until 2010 - to maintain continuous work experience. At present, due to changes in pension legislation, continuous service has practically lost its significance for the appointment of pensions. Where it is still taken into account for receiving departmental benefits, only the gap between dismissal and new employment matters, and not the reasons for which the dismissal occurred.

✔ List of necessary conditions for dismissal on your own.

Strictly speaking, only one condition is necessary - the desire of the worker himself. Having warned the employer in advance and having worked for the required two weeks (or more if the application was submitted for a longer period before the expected date of dismissal), the employee has every right to stop any activity at the old enterprise and not show up there again.

None of the employer's requirements matter. If you are required to complete some work, pre-sign a bypass sheet, etc., and without this they threaten not to issue a work book - do not worry, but feel free to stop working. The law is on your side, and a recalcitrant employer can get into trouble by filing a complaint with the court or with a complaint to the prosecutor's office. Experience shows that this is more than enough.

✔ Step-by-step order / dismissal procedure.

So you've decided to quit. How should you act?

The first thing an employee needs to do is apply. The law does not establish any requirements for its form, but it will be easiest to use sample application which is easy to find on the Internet. The application is submitted to the employer, which is usually the head of the enterprise. Depending on the organization's internal regulations, an application can be submitted through the director's office, personnel department, etc. - the main thing is that in the end the application ends up with the head. If you work in a branch of the organization, then it is better to submit an application at the location of the head office.

Sometimes the dismissal is preceded by a conflict between the employee and the management of the enterprise. If you are afraid that the application will be lost or destroyed, in order to then fire you “under the article” (that is, for a gross violation of labor duties or discipline at the enterprise), then you need to insure yourself in advance. As a rule, it will be enough to write an application in two copies. Then one copy is transferred to the management of the enterprise, and on the second the personnel officer, secretary or other person who has the necessary authority in accordance with the internal rules of the organization puts a mark of acceptance: the date the application was received, the position indication, the signature with the transcript. A statement with such a mark will be reliable evidence in the event of a court case. If they refuse to put a mark, then the best way out is to send an application by registered mail with a notification and a description of the attachment. This is a long way (the letter will take at least three days), but it is absolutely reliable: the signature and date on the mail notification will clearly indicate that the letter was received on that day, and the inventory of the attachment marked by the post office in court will be proof that it was sent just a letter of resignation.

But the application has already been submitted. From that moment, in accordance with Art. 80 of the Labor Code of the Russian Federation, the notice period for dismissal begins to run. As already mentioned, it should be at least two weeks. In the same case, if the employee wishes to quit without working off, the employer has the right to demand documents confirming the grounds for early dismissal. If there are no such documents, two weeks will have to be worked out.

During the working period, the employee must perform his duties in accordance with the employment contract. Submitting a voluntary resignation letter will not prevent your employer from firing you for absenteeism or other violations, if any. However, in the event that an employee falls ill, the notice period is not interrupted. In this case, the employer is obliged to issue a dismissal order, make a calculation and issue a work book, even if the employee is on sick leave. If the employee cannot appear for work in person, then it can be sent by mail with his consent, or it will be issued after recovery.

It must be remembered that if you were a materially responsible person by position and were personally responsible for the safety of any property of the employer, you should return this property upon dismissal by signing the relevant documents - otherwise the management of the enterprise may hold you accountable. However, signing or not signing a bypass sheet and other internal documentation is not related to dismissal and only means that, if necessary, you will have to do this without being an employee of the enterprise. The management will still be obliged to issue a work book and carry out a full calculation.

After the period of working out has expired, the employee is obliged to stop his labor activity. If he continues to perform his duties and does not insist on dismissal, then according to the law, the employment contract is considered to be ongoing, and the entire dismissal procedure must be started anew.

In addition, during the entire term of the notice of dismissal, the employee has the right to withdraw his application and continue working. The only exception will be the case when another employee has already been invited to his place in the transfer order (Article 64 of the Labor Code of the Russian Federation). However, in this case, the new employee must be invited from his organization in writing, and the resigning employee must be familiar with this invitation and the consent that his future successor gave for the transfer.

✔ What record will be put in the labor?

It should be remembered that the work book is a rather strict document, and the outcome of possible disputes over the length of service and type of work often depends on the correctness of the entries made in it. Therefore, upon dismissal for any reason, including at their own request, the employee must ensure that the personnel officers of the enterprise make an entry in strict accordance with the Labor Code of the Russian Federation. The current instruction for filling out work books provides that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation - a general article providing for all grounds for dismissal, and not on Art. 80 of the Labor Code of the Russian Federation, which refers specifically to the dismissal at the initiative of the employee.

Therefore, the entry in the work book for the resigning person must contain a reference to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation and the words "dismissed of their own free will" or "dismissed at the initiative of the employee." We emphasize again: in the labor instructions, Art. 80 of the Labor Code of the Russian Federation should not be! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.

In the event that, upon dismissal, you find that a mistake has nevertheless been made, you must demand that a new entry be made immediately: “The entry for the number ... (the number of the erroneous entry should be here) is invalid.” After that, personnel officers should already make the correct entry for the next serial number.

To finish the conversation about entries in the labor, let's pay attention to the fact that entries in the labor are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 art. 77 of the Labor Code of the Russian Federation”, and “paragraph 3 of Article 77 of the Labor Code of the Russian Federation”.

In order for the dismissal of one's own free will to be as painless as possible for both parties and not negatively affect their future careers, there are a few simple rules:

It is necessary to quit with careful observance of the procedure provided for by the Labor Code of the Russian Federation. It is also necessary to comply with the requirements stipulated by the internal documents of the organization - but only to the extent that does not contradict the law and only if you were familiarized with them against signature.
If possible, conflicts with a former employer should be avoided. Of course, you need to protect your rights - but the job market is not that big, and your new boss can contact the old one. It is best to leave a good impression of yourself, and if for this you need to meet the former bosses in some way, it is better to do so.
Carefully consider the return of tools, equipment, documents that you used at your previous job. The best option here is to transfer the inventory to a new employee who has come to your place, but if there is none, then to a representative of the company's management. In the event of a conflict, this will allow you to avoid accusations of embezzlement.
During the period of working out, be as responsible as possible to your duties. There should not be any violations (lateness, absenteeism, etc.) - otherwise you can easily find a record of dismissal in the work book not at will, but at the initiative of the employer.
Voluntary dismissal must be voluntary. In practice, there is a situation when the employer requires that the objectionable employee himself write a letter of resignation - in this case, it is not necessary to look for another reason for dismissal and pay severance pay. But such claims are completely illegal. If an employee is threatened that otherwise he will be “dismissed under the article” (that is, for any violation of the law or an employment contract), the employer thereby admits that he himself is preparing to violate the law. Illegal dismissal in this case, it will be possible to appeal in court, having achieved reinstatement at work. However, since it is extremely problematic to work with management in such a relationship, most employees seek through the court to change the wording for dismissal of their own free will and pay compensation for forced travel. In addition, the court may also recover compensation from the employer for non-pecuniary damage.

Many citizens, when looking for a job and compiling a personal "visiting card" for an employer, think about what to write in a resume. "Reason for leaving" is the column that causes the most problems. It's one thing when you have no work experience at all. Then this item will not apply to you. But this is a rather rare occurrence. And so often you still have to talk about the places where you worked before. Why did you leave this or that organization? This question is important for your potential employer. Maybe you had a good reason? Or were you actually fired "under the article", and asked to write for your own benefit "at will"? Then hardly anyone will be interested in your candidacy for employment. Every organization needs only conscientious employees. So what to write in the resume ("Reason for dismissal" is a mandatory column in this document)? What tricks and tricks can be used?

Liquidation

The first scenario is good when your potential employer has no way to check your words. And in general, when this opportunity is absent, it will only benefit you. After all, you can then write in our today's column everything that your heart desires.

For example, liquidation of the organization. Sometimes it can be reported that in connection with the abolition of the company, you were asked to write a letter of resignation of your own free will. Or you yourself made this decision.

The option is good, but you just have to wait with it. Why? If in reality your former place of work still exists, then a scam will emerge. And a new potential employer is unlikely to want to do business with you.

Reduction

What else could be the reason for dismissal in the resume? What to write in this column? To be honest, it's best not to lie. Especially if your new potential employer is able to verify the veracity of your words. But in practice, as a rule, no one does this. So, you can write whatever you want.

Let's say another option is to get laid off. During the crisis, such cases have become commonplace. So, this option will not cause any suspicion. Especially if you rarely changed jobs, and worked in the last organization for a long time. Not too beautiful, but an effective way to fill out a resume. The main thing in our today's question is to show that, despite layoffs and job changes, you are a conscientious employee.

earnings

What to write in a resume ("Reason for dismissal" - this is the column that interests us today)? Of course, there are a lot of options. The main thing is to try not to deceive a potential employer, and also to show that you are a conscientious employee. Otherwise, no one will contact you. Everything is quite logical, you should not be surprised.

In some cases, when you don’t know how to correctly describe the reasons for dismissal in your resume (and you didn’t have so many jobs), you can mention, say, low wages. Quite a common occurrence. But this kind of reception can scare away the employer: everyone wants employees to pay less, but so that they work more.

So try to add a little variety to this paragraph. For example, write: "Low salary, not comparable with the responsibility and job responsibilities, as well as the load during the working day." This option is really good. It usually does not scare off potential employers and indicates that you are determined to work hard in order to receive adequate pay. So, a conscientious boss can rely on you.

Uncertainty

However, the reasons for leaving a job for a resume (examples of which have already been brought to our attention to some extent) can be vague. Employers are not too fond of this kind of tricks, but they can not be avoided. Indeed, in some cases, the reasons for dismissal from a particular place of work are purely personal motives. And you don't always want to point it out.

In such cases, it is recommended to simply write: "Because of the circumstances." But at the interview, most likely, they will start asking you for what specific reasons you left this or that company. Explanations will have to be given either in advance, in writing, or orally, during a conversation. There is nothing special about this. Nevertheless, it is recommended to avoid this kind of uncertainty.

Change of activity

A huge role is played for the employer by such an item as "Reason for dismissal" in the resume. What to write here? Many citizens are thinking about this. It has already been said: try not to lie, and also give some specific reasons. A minimum of uncertainty, potential employers do not appreciate it too much.

How to fill in the paragraph "Reason for dismissal" in the resume? A good option is a reason called "change of activity". If you worked in one area, and then suddenly decided to move to another, then this alignment will suit you. In any case, potential employers will not find fault and dig in search of the truth.

It is allowed to write this kind of option in the forms "change of activity", "change of scope of work", "change of profession", "obtaining additional education", "retraining". These examples really help often to find a job without any questions. And so they are quite often used by citizens.

hopes

Beautiful reasons for dismissal for a resume you need to know. After all, no one can tell you for sure whether it will be possible to find a job with real information about you and your past employer or not. In addition, this column sometimes helps the new organization to judge your good faith.

What beautiful options are there? Let's say unreasonable expectations. You can write about the fact that just activities and direct work did not justify what you expected. This is quite normal, but in fact it rarely occurs.

How exactly to write such a sentence? For example: "Despite the favorable atmosphere and friendly staff, the activity did not meet my expectations"; "Disappointment in the firm despite a favorable environment"; "Employer not meeting my expectations."

Career

Undoubtedly, if you are thinking about what to write in your resume (“The reason for leaving is the item that received our attention today), you can resort to some tricks. Especially if you didn’t have any scandal when you left your previous employer. After all, you can check this with a single phone call. Then you will start having problems, as a result, no one will hire you. It’s definitely not worth lying if there was a scandal with the management or a direct dismissal "under the article." Otherwise, you can fill out our today's resume column as you see fit.

Very often, the reasons for dismissal indicate such an item as "lack of opportunities for career growth." That is, this technique will not only indicate your conscientiousness, but will present you to a potential employer as a person who strives for development. This is a good time for any company. The more employees the organization has who strive to improve and climb the career ladder, the better.

Misunderstandings and suggestions

What other reasons could be for leaving a job for a resume? We have already considered examples of some fairly successful options. But the possibilities don't end there. After all, you can always come up with something original, non-standard and very beautiful. Something that will show your new employer good intentions.

You can point out that you made proposals to increase the efficiency of work, as well as to develop the organization, but the statements did not find a response. And all further work after that began to be accompanied by a misunderstood, as well as an unfair, biased attitude on the part of your employer. The option is relevant for management positions and those vacancies that are associated with some decisions or the development of the corporation. Quite rare, but very effective solution. After this, a potential employer is unlikely to have questions for you. But a resume paragraph filled in this way will indicate that you are able to come up with innovations that contribute to the growth and development of the company.

the Forbidden fruit

We have considered more than one reason for dismissal in the resume. What to write in the column, we have already figured out with you. But are there any restrictions? What not to say to a potential employer? What reasons would you like to hide? Of course we are talking about cases when it is written in the work book that you quit of your own free will.

There is no need to write about the fact that you did not get along with your colleagues, the employer offered an irregular working day and left overtime to perform duties, that you simply could not cooperate with unpleasant people. Also, it is not necessary to indicate in the reasons for dismissal the lack of prospects for salary growth, the constant requirements for continuing education courses, the crisis, the organization's tax evasion and the payment of "gray" wages. Indicating the reason for leaving on a resume is a serious matter. But now it is clear which options are considered the best for writing in your "business card".

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 the scope of the 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 valid 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 the 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 clause 33 of the Rules for maintaining and storing work books, making blank work books and providing them to employers, 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 of the work book at the last place of work, into 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 TOP 7 important rules especially for applicants - Dismissal 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!