Can and does a boss have the right to force you to work on weekends and overtime? What to do if you give someone else’s work?

The question of whether an employee can refuse work worries both sides of the conflict. The boss believes that he has the right to exploit his employees the way he wants. Subordinates, on the contrary, appeal to their own rights (sometimes non-existent) and refuse to do any task they do not like. Let's deal with who is right now.

Why can you fire the head of an LLC?

If we consider the head of the organization as an ordinary hired employee, then you can terminate the employment contract with him:

in connection with the closure of the LLC;
upon expiration of the contract;
due to the director’s absence from work without good reason;
due to his disclosure of trade secrets;
due to his appearance at work in a drunken state, etc.

The procedure for dismissing an ordinary employee and the head of an LLC in these cases is the same. Therefore, in this article we will consider special grounds. So, if you dismiss a director as an official, then you can part with him due to the fact that:

The director unreasonably entered into an unprofitable deal or seriously violated tax laws, as a result of which the company suffered losses or received a large fine (clause 9, part 1, article 81 of the Labor Code of the Russian Federation);
The director did not fulfill (grossly violated) his labor duties assigned to him by the employment contract (clause 10, part 1, article 81 of the Labor Code of the Russian Federation).
The employment contract states that before concluding a lease agreement for the premises, the manager is obliged to organize and hold a meeting of the LLC’s participants and obtain their “go-ahead” for the transaction.
If he did not do this and concluded the contract himself, without notifying the owners, then as a disciplinary punishment he may be fired under clause 10 of part 1 of art. 81 Labor Code of the Russian Federation;
This decision was made by the management body - the general meeting of LLC participants, the board of directors or another authorized body (clause 2, part 1, article 278 of the Labor Code of the Russian Federation). There is no need to indicate what the manager was not satisfied with in the work. But if the employment contract was terminated with obvious abuse of this right, the court may declare the dismissal illegal (clause 9 of the RF PPVS dated 06/02/2015 No. 21).

Making an unreasonable decision or gross failure to fulfill one’s duties are disciplinary offenses that caused damage to the company. People can be fired for this in the same way as for absenteeism without good reason or for disclosing trade secrets. The same procedure is followed and the same documents are drawn up. But the facts prove differently in each case.

When not to fire a manager

Under no circumstances (except for the liquidation of a company) can a pregnant woman be fired (Article 261 of the Labor Code of the Russian Federation). An employee is not fired while he is on sick leave or on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation).

There are labor guarantees for persons with family circumstances, which include:

women who have a child under 3 years of age;
single mothers or fathers whose child is under 14 years old (18 years old for a disabled child);
the only breadwinners in a large family that includes a child under 3 years of age or a disabled child who has not reached the age of majority.

They cannot be fired either by decision of the LLC participants, or for an unreasonably made decision that led to damage to the company. The law does not allow this (Article 261 of the Labor Code of the Russian Federation, clause 26 of the RF PPVS dated January 28, 2014 No. 1).

If there is no water in the building, should they be released from work?

For example, the air conditioner does not cope with its task or is simply not in the office. At the same time, in conditions of 30-degree heat, fatigue increases and worker efficiency decreases. Should you stay in the office? What do the Labor Code of the Russian Federation and Sanitary Rules say about this?

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The suspect has been arrested. 03/02 16:48 In Nelidovo, while drinking, a man stole a bag of food from his drinking companion 03/02 16:48 Near Tver, a 20-year-old guy stole a jewelry box from a 40-year-old friend 03/02 16:47 In Kesovaya Gora, an unemployed man kept 200 grams of marijuana and will now go to prison — — 2020-11-30 21:07:54

How to fire a director for poor performance

Of course, it is impossible to fire a director with such a wording. It is necessary to clearly formulate what constitutes “bad work.”

Dismissal for making bad decisions

If the manager made a decision that led to adverse consequences, then in order to dismiss him it is necessary to prove that:

negative consequences occurred, and this happened due to the fault of the manager who made the wrong decision;
the consequences could have been avoided if the decision had been different.

Deputy General Director K. gave the command to turn off the power to the building. As a result, the system for selling tickets, registering passengers, and transferring personal data to the centralized personal data database (EGIS) was disabled.

The company suffered actual damage of 8,000 rubles (due to server repairs). This amount was enough to dismiss K. under clause 9, part 1, art. 81 of the Labor Code of the Russian Federation, the court confirmed the legality of the dismissal.

Counter example:

L.'s organization held a tender among contractors to equip garage boxes with carbon monoxide control systems.

The chief engineer violated the procedure for conducting the tender: he planted documents and deliberately chose one of the participants as the winner. For this he was fired under clause 9 of part 1 of Art. 81 Labor Code of the Russian Federation.

The court reinstated the chief engineer, indicating that the organization did not suffer any actual damage due to the actions of this employee.

Upon dismissal under clause 9, part 1, art. 81 of the Labor Code of the Russian Federation, it is necessary to prove negative consequences - actual damage that occurred to the organization as a result of the actions of the manager.

You can prove the damage, for example, using a payment document and an agreement for the repair (restoration, replacement, purchase) of equipment that broke down due to the manager.

Dismissal for gross violation of labor duties

If you dismiss the director under clause 10, part 1, art. 81 of the Labor Code of the Russian Federation, then you need to prove that:

the unfulfilled duty was specified in the employment contract and job description;
the violation was committed and it was gross, that is, as a result, employees could suffer (physically), or the company could suffer financially.

If a dispute arises, then the above is added to the need to prove that the dismissal procedure was followed.

Manager G. deliberately violated the rules of cash discipline (he took money on account and did not account for it) - the enterprise was in danger of incurring damage. He sold petroleum products at a price lower than the purchase price - the organization suffered losses.

The court determined that G. grossly violated his duties, and therefore dismissal under clause 10, part 1 of Art. 81 of the Labor Code of the Russian Federation is legal.

Note!

Dismiss under clause 10, part 1, art. 81 of the Labor Code of the Russian Federation can be the head (his deputy) of an organization, branch or representative office. The chief accountant or the head of a department, department, management or other structural unit of an organization cannot be dismissed on this basis (clause 49 of the RF PPVS dated March 17, 2004 No. 2).

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If an employee refuses to perform work in the event of a danger to his life and health (except for cases provided for by this Code and other federal laws), the employer is obliged to provide the employee with another job while such danger is eliminated.

During the suspension of work in connection with the suspension of activities or a temporary ban on activities due to violation of state regulatory requirements for labor protection through no fault of the employee, his place of work (position) and average earnings are retained. During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings for the previous job.

What documents should I submit for dismissal for a disciplinary offense?

Before the dismissal of a manager whose work the LLC participants are dissatisfied with, the organization undergoes an internal investigation. This is necessary to establish the exact amount of material damage caused, if any (Article 247 of the Labor Code of the Russian Federation). In other situations, the commission examines the circumstances of the event, establishes the employee’s guilt, and determines the punishment.

If the organization does not have a local act establishing the procedure for conducting an internal investigation against the head of the LLC, then proceed in order:

The meeting of the Company's participants makes a decision on the formation of the commission, determines its composition, establishes the timing and purpose of the investigation;
If it is necessary to establish the amount of material damage, then an audit, inventory and other measures are carried out to determine the amount of losses;
The commission examines documents, interviews witnesses, determines the guilty person;
The head of the LLC is presented with a requirement to provide a written explanation of what happened;
If the director does not respond, 2 days after delivery of the demand, an act is drawn up stating the refusal to give explanations;
The commission draws up an official investigation report, which describes in detail the results of the investigation;
The general meeting of participants makes a decision on the dismissal of the director and appoints an acting director (hereinafter referred to as the acting director);
The acting director issues and signs an order for the dismissal of the former manager (according to the unified form No. T-8, or according to an independently developed sample). The latter signs for familiarization with this order, otherwise it is necessary to draw up an act of refusal to familiarize himself.

Order to dismiss the director

Thus, it should be formatted:

decision on the formation of the commission, its composition, the purpose of the investigation;
a document establishing the amount of damage (audit report, assessment report);
confirmation of the transfer of the request for explanations (for example, a second copy of the request with the signature of the manager);
explanatory note from the director (act of refusal to give explanations);
act of official investigation;
protocol of the decision on the appointment of an acting director and the dismissal of the current director of the LLC;
order to dismiss the director.

If The Water Is Turned Off At Work Should You Let Go?

Thus, you only need to notify the employment service about downtime if the downtime is related to the suspension of the organization’s production. This must be done no later than three working days from the date of the decision on the relevant measures (paragraph 2, paragraph 2, article 25 of the Law of April 19, 1991 No. 1032-1). A unified form for submitting information is not approved by law. In some regions, employment services independently establish the form for submitting information and communicate it to organizations, in particular, on information sites on the Internet (see, for example, https://www.rabota.burnet.ru/employer/002/). If the form for submitting information is not established, send information about the suspension to the employment service in any form. Please indicate:

I once worked in a store selling very... an expensive product and when our lights were turned off, all the alarms went off. button radiotelephone computer cash register so we were not even allowed to close the store while the conflict was resolved; my colleague and I were shaking with fear for 4 hours. and after that I left there. We are rednecks to the bosses, at least where I worked

Deadlines for dismissing a director for disciplinary violations

In order to dismiss a manager as a disciplinary punishment, you must meet the deadlines established by Art. 193 Labor Code of the Russian Federation.

A month is given to conduct an investigation and dismiss the employee - the period begins from the day the misconduct is discovered. During the illness or vacation of the director, the term is suspended. In this case, leave can be of any kind: annual, educational, without pay. Time off and business trips do not interrupt the period. In total, the time for imposing a disciplinary sanction can be extended to 6 months, after which it will be impossible to dismiss on this basis;
If an organization has undergone an audit or inspection, during which shortages, incorrectly executed documents or other signs of improper work (damage) were found, then a month is given to dismiss the manager. The period may increase due to sick leave and vacations and last up to 2 years. Time is counted from the day the offense was committed, not discovered. Therefore, if the audit was carried out yesterday, but the manager committed the offense more than 2 years ago, it will no longer be possible to fire him.

If The Water Is Turned Off At Work Should You Let Go?

Moreover, it makes no difference whether a person is often ill or hardened. During the winter months, the temperature in the office space should be between +22 and +24 degrees. If the room is less than +20, then the working day, according to SanPin, is reduced in the ratio of “one degree - one hour of work.”

It’s difficult to survive, but it’s possible. In this constant cataclysm of Russian cities, 2 options are possible: an accident and a planned shutdown, when you were warned in advance. We’re talking about a complete shutdown (when there’s only no hot water, that’s not even half the problem, but a small excursion into history - you can get a little feel for how our mothers or grandmothers lived) First, let’s consider a simpler case for the housewife: the management company was so kind that they posted an advertisement a couple of days before the shutdown.

How to dismiss a director at the initiative of LLC participants

LLC participants may decide to change the manager without explaining the reasons. And they have such a right (clause 2, part 1, article 278 of the Labor Code of the Russian Federation).

They hold a general meeting, make a decision to fire the previous director and hire another.

What you need to pay attention to when changing the executive body:

Dismissal under clause 2, part 1, art. 278 of the Labor Code of the Russian Federation is not a disciplinary measure, but an independent basis, therefore the terms of Art. 193 of the Labor Code of the Russian Federation does not need to be observed;
There is no need to withstand a two-week or one-month warning period about upcoming dismissal. Participants can set a date for termination of the employment contract on any day;
A director dismissed on this basis is entitled to compensation in the amount of three times his average monthly salary. You can pay more, but you cannot pay less, otherwise the amount will be recovered through the court (Article 279 of the Labor Code of the Russian Federation);
Since the head of the organization is a financially responsible person by virtue of the law, the delivery of the company’s property must take place according to the act of acceptance and transfer of affairs. Before this, of course, an inventory is taken;
The director himself issues an order for his dismissal. If he doesn’t want to do this, it’s not scary - a decision of the meeting of LLC participants is enough;
Order to dismiss the director himself
Within 3 days from the date of taking office, the new director must send to the Federal Tax Service an application in form P14001 to make changes to the Unified State Register of Legal Entities. The register contains information about the head of the LLC, and if it changes, the entry must be corrected. This can be done through the Federal Tax Service website.

Chapter 15. Working hours. General provisions

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours. (as amended by Federal Law No. 90-FZ of June 30, 2006) Normal working hours cannot exceed 40 hours per week.

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The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

(Part three introduced by Federal Law dated July 22, 2008 N 157-FZ)

Peculiarities of dismissal of the director - founder of an LLC

If the founding director of an LLC agrees with his dismissal, then it occurs without any special features. Difficulties may arise if a conflict arises between the parties:

The Company's members want to change the executive body, but the director himself does not want to resign. He can challenge in court not just the fact of dismissal, but the decision made by the meeting of participants to change the manager (Article 43 of the Law on LLC No. 14-FZ). This is only possible in cases of dismissal under clause 2, part 1, art. 278 Labor Code of the Russian Federation;
The director wants to resign, but the LLC participants will not let him go. He cannot leave without the decision of the participants, so he convenes an extraordinary meeting in accordance with Art. 35, 36 of the Law on LLC No. 14-FZ.

If the participants ignore the wishes of the LLC director, do not go to the post office, do not pick up the notice, and as a result do not hold a meeting, then the director will have to go to court.

Another interesting case is the dismissal of the director of the LLC, the sole founder of the Company.

There are 2 options here:

disqualification of the executive body by court decision;
voluntary dismissal.

The process of terminating an employment contract occurs in the general manner: a decision is made to change the director, an order is issued to dismiss the previous director and appoint a new one, the documents and property of the organization are transferred to the new director.

The water in the office has been turned off and the toilet is not working

856 lawyers are now on the Good Night website. I am the owner of a restaurant; we periodically turn off the water (so naturally, the kitchen always has an emergency supply of 200-300 liters of water). How long can the establishment operate without water (by law), this means washstands, toilets, etc. Thank you in advance. February 12, 2020, 23:41, question No. 1536694 Evgeniy Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1)

In this constant cataclysm of Russian cities, 2 options are possible: an accident and a planned shutdown, when you were warned in advance. We are talking about a complete shutdown (when there is only no hot water, this is not even half the problem, but a small excursion into history - you can slightly feel how our people lived mothers or grandmothers) First, let's consider a simpler case for the housewife: the management company was so kind that they posted an advertisement a couple of days before the shutdown.

How a fired director transfers his position

There is no statutory procedure for transferring a position; each organization determines it itself at the level of a local act. Typically the transfer goes like this:

After the decision to dismiss is made, a commission is created to transfer cases (especially if the enterprise is large);
Conduct an inventory or audit;
Draw up an act of acceptance and transfer of property and documents;
Documents are usually transferred to the deputy manager or another person specified in the dismissal order;
On the day a new director takes office, the property is transferred to his disposal also under the act of acceptance and transfer.

Classification of memos

In this case, it is necessary to enlist the support of witnesses who will subsequently not refuse to testify in court or change them not in your favor. It is also necessary to record the conversation on a voice recorder, and if possible, record it on a video camera.

Project “Excellent secretary - We work with documents correctly!” does not constitute legal advice.

This is called full-time replacement: at the enterprise there is a person who, one way or another, is once and for all entrusted with the responsibility of replacing the general director during periods of absence of the latter. The replacement occurs automatically: at 8:55 the secretary informs everyone that the boss is ill and will not come, and at 9:00 the place of the chairman of the planning meeting is already taken by a full-time deputy. Within the first block, the manager represents the interests of the company in a variety of different legal relations: concludes transactions on behalf of the organization (civil legal relations), signs tax reports (tax legal relations), is responsible for violations of current legislation on a wide range of issues (administrative legal relations), etc. .

Summary: what to do to fire a director

Hold a general meeting of participants to consider the issue of changing the executive body;
Conduct an internal investigation if you discover a disciplinary violation by the director;
Draw up an act of internal investigation, a decision on dismissal;
If you want to dismiss the head of an LLC at the request of the management body (clause 2, part 1, article 278 of the Labor Code of the Russian Federation), then in the decision on dismissal, indicate the amount of compensation due for payment;
The manager-participant of the LLC is fired in the same way as a hired manager;
When a director changes, the Company's property and documents are transferred, so it is advisable to conduct an audit (inventory);
Consider the timing and family circumstances of the person being fired.