What to do if they want to fire you? Four simple tips

A detailed analysis of your rights upon dismissal. This is not an entertaining text - there will be many references to the labor code and mentions of articles, so please be patient and attentive.

We in the editorial office do not like tediousness and preaching, but we must say this (at least once at the very beginning of the material) - you need to know your rights. That's all, they said, then decide for yourself. “Subtleties” has prepared a detailed analysis of your rights upon dismissal. This is not an entertaining text - there will be many references to the labor code and mentions of articles, so please be patient and attentive.

Don’t forget: all the rights listed in the article apply only if you are signed under an employment contract.

How can you quit?

The official reason for dismissal is the main point that determines what you can actually count on. So, you can quit:

at your own request
at the initiative of the employer
by mutual agreement of both parties
due to liquidation or downsizing of the company

At the same time, the “personnel officer” may or may not know all the nuances of dismissals in detail - it all depends on his or her experience.

What should the employee do?

It should be noted that the boss’s intentions to fire a person are not always justified, from the point of view of current standards.

There are often cases when a manager seeks to get rid of a worker for personal reasons.

In such situations, the manager uses several options for solving the problem. First of all, he may implement this for far-fetched reasons. Of course, the boss may take the position that the person violated the requirements of current standards, without having a documentary justification. A manager can simply force a person to voluntarily write a letter of resignation.

Many workers have encountered such situations, but not everyone knows what to do in such circumstances.

The current norms have determined the unconditional opportunity for every worker to protect himself from actions of this kind on the part of his boss. That is, a person can complain to various authorities.

If you are fired without reason

Any employment contract always specifies the reasons why it can be terminated. The worker should know that dismissal will not happen instantly. It will be preceded by preliminary information. To solve the problem in a simple way, you need to follow a few simple steps.

First, you need to carefully study the contents of the previously signed cooperation agreement. It should be noted that a detailed list of reasons will most likely not be indicated there. Therefore, you should refer to the general current rules and determine for yourself whether the reason for dismissal is provided for by current legislation. It would be useful to get professional advice from a specialist, and also find out whether there is a documentary substantiation of the manager’s position.

After clarifying all the information and data, it would be correct to draw up a written appeal to the boss, setting out your arguments on paper. It is necessary to inform the manager of your opinion and intention to contact the competent authorities in the event of dismissal. This approach will allow you to have documentary evidence of the fact that the person sought to resolve the issue peacefully, even at the negotiation stage.

In principle, you can use a simpler option. You can contact your boss orally and try to find a compromise during personal communication.

Forced to write a letter of resignation

A manager may want to get rid of a worker quickly enough, without collecting the necessary documentary materials for this.

In such circumstances, the person begins to be forced to file a motion to dismiss. The main method used is intimidation. A person may be assigned tasks that he initially cannot complete, or not stimulate him financially, or arrange sudden checks, thereby disrupting his work rhythm. That is, to perform any actions the purpose of which is to make a person want to leave the company on his own.

In situations of this kind, it is necessary to immediately appear in person to the manager or send a written request asking for clarification of the reasons for such attitude towards oneself.

If the problem cannot be solved in this way, it would be correct to contact the labor dispute commission, supervisory or judicial authorities.

Dismissal "on your own"

The most common scheme, for many reasons. At first glance, everything is simple: if you do not want to work, you are not obliged to do so, says Article 80 of the Labor Code of the Russian Federation. However, certain obligations remain, namely: to warn two weeks in advance and write a statement in free form.

An important nuance: working for two weeks begins on the next day after the application is accepted. If you give up on these 14 days, you can be fired for absenteeism with a corresponding entry in the work book.

We advise you to write the application in two copies and keep one of them, marked “accepted” by the employer. Keep in mind: you can withdraw your application before the end of your service period and not quit. And in some cases, you may not work for two weeks. It is allowed to leave literally on the same day if you retire or go to study. You can work 3 days instead of 14 if you quit during the probationary period or if the employment contract was concluded for less than two months.

Now let's see what rights you have.

Possible benefits of quitting

You need to look for positive aspects in everything.
Do not immediately perceive the news of dismissal negatively. So you can fall into despair, go headlong into depression, and lose the meaning of life. First, it’s worth considering the possible advantages of what happened, we’ll talk about them later.

Dismissal is the beginning of a new life for you. The fact that you are now unemployed is an opportunity to come to a new place of work, to a new team, which may be better than the previous one. And perhaps change your specialty. This is especially a plus if you previously had to work in a job you don’t like, doing something that not only doesn’t interest you, but also disgusts you.
There is an opportunity to analyze your behavior in the company, identify possible shortcomings, and come to conclusions in order to avoid making similar mistakes in the future.
Try to feel it. Along with the feeling of anxiety, you probably have a feeling of freedom. This is especially noted in a situation where a person himself did not like the conditions under which he had to work.
Now you are responsible for your life. It is extremely important to realize that you are the creator of your destiny at the moment, you can start everything from scratch, and under no circumstances try on the role of a victim. Dismissal is a challenge for you; now you must act, and under no circumstances blame others or your superiors for what happened.
Take a look at yourself from the outside, evaluate yourself, realize that today you have many chances to find a new place of work and there is a possibility that the working conditions in the new team will be even better than before.

The right to receive wages for time worked

The employer is obliged to pay you a salary for all the time you work; this is stated in Article 84.1 of the Labor Code of the Russian Federation. The reason for dismissal is not important here - be it absenteeism, the liquidation of the company, or your own desire.

How the salary is calculated: as usual, with all allowances, bonuses and fines, but it must be paid in full on the day of dismissal. If you feel that the amount does not match your expectations, ask for a payslip that shows all the taxes withheld from your salary and other details. The employer is not ready, did not have time, did not expect (underline as appropriate) to prepare the money? Remind us of criminal (Article 145.1 of the Criminal Code of the Russian Federation), administrative (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) and material (Article 236 of the Labor Code of the Russian Federation) liability for delay.

Find a temporary source of income

Finding a job often takes a long time. This is explained by the fact that citizens are trying to find work with official employment and the presence of social guarantees. This has not been easy at all times, especially during periods of economic crisis. What should you do if you still cannot find a suitable vacancy, or if the person was not hired for certain reasons? The answer to this question is clear and simple: you need to find temporary income.

To do this, it is worth looking at and analyzing various resources and sites that offer temporary work. To help applicants, again, the well-known and respected sites mentioned in the article. You can also pay attention to bulletin boards. Sometimes people need one-time services, work as promoters, help with equipment, plumbing, etc.

Right to compensation for missed vacation

Every employee has the right to annual paid leave (Article 127 of the Labor Code of the Russian Federation), as a rule, it is 28 days a year. If for some reason you were unable to take your 4 weeks off, you will receive compensation. Important: cash payments for unused vacation are calculated not only for the last year, but also for the entire period of service, as decided by the Constitutional Court.

This compensation is paid on the day of dismissal along with the basic salary. You can check whether the accounting department has overlooked this amount on your payslip. It is worth checking everything in advance, and if compensation was calculated only for the last year, and not for the entire period of work, do not hesitate to talk about the decision of the Constitutional Court No. 38-P, fines and moral damages.

Summary

So you're looking. Remember - a resume is a description of a product, a selling text, if you will. It sounds very cynical, but it is true.

What shouldn't be there:

1. Outdated information. You have one try to get into an interesting company. If the resume does not contain comprehensive information, then, given the not very good economic situation in the country, when there are quite a lot of candidates for each vacancy, the recruiter is unlikely to waste time calling you with clarifications. In his folder next to him are 50 resumes with relevant experience, in which the candidates were not too lazy to adequately describe all their advantages.

2. Critics of the previous employer. Everyone understands that such a moment can occur. But if you pay attention to this point in your resume, although you could spend useful space describing your strengths, this indicates that you are not okay with stress resistance, as well as with goal setting.

3. Uncertainties. Resumes like “Guitar player, cleaning lady, model, and in general I can do anything” are thrown into the trash. If a person himself does not know what he wants, HR will not decide for him, but will choose a purposeful candidate.

What should be there:

1. Updated information. Re-read your resume and make changes that have become relevant since your last job search. If over the past year you have become the head of a department and are applying for this particular position, then your resume should describe a manager, and not a specialist, which you were in the past. Indicate your experience in leadership (from the point of view of achieving the strategic goals of the unit, and not from the point of view of someone who still sees his responsibilities only as linear tasks).

2. Specific successes and achievements (if they are not a trade secret). What we achieved, what we implemented, numbers, if applicable.

Right to severance pay

Mandatory severance pay is not paid upon voluntary dismissal. But if an organization downsizes, is liquidated, moves to another city (and you cannot follow it) or reinstates another employee in your position, you have the right to it. This is regulated by Article 178 of the Labor Code of the Russian Federation.

Equipment:

Severance pay is your average monthly earnings.
How to get it - study the employment contract and correctly write the reason for dismissal. If you indicate your own desire, and the company actually moves, for example, you will not receive compensation.
If the employer is an individual entrepreneur, he has the right not to pay such benefits. In addition, you will not receive it if the contract was concluded for a period of less than two months.
Severance pay is paid on the day of dismissal.
“Why am I reading this if I’m resigning of my own free will?” Some employers stipulate in the employment contract the right to severance pay, regardless of the reason for dismissal. Check to see if you also have a chance to receive this compensation.

Reasons for dismissal and whether they can be fired without reason

Do not forget that according to the law, an employer does not have the right to fire an employee solely on his own whim. And, by the way, according to the law, the list of grounds for dismissal is quite small.

Labor violations. Namely, absenteeism, which is counted if you are absent from your workplace for 4 hours in a row during your shift. Always document a valid reason if you have one.
At least once, come to work while under the influence of alcohol or drugs. Everything here is very prosaic and a good employee will not do this. If you know that you will not be able to attend your work shift in proper form, it is better to contact your colleagues to replace you. Or at least try to come up with a good reason for this case, so as not to fall under this clause.
Disclosure of internal secrets of the organization, but almost every organization has such secrets. Surely you were given a document to review and sign, where you were required to keep internal information secret. Disclosure of highly sensitive data may also entail more severe liability than dismissal.
Theft and violation of internal rules. It is quite obvious that for such offenses one is fired from one’s job without much thought. To avoid unpleasant situations, keep an eye on your belongings.

But if you are forced to do work that is not provided for by the contract and your position, this is not a violation of discipline and dismissal for this reason is illegal.

They don’t have the right to fire you without a good reason, so they will probably put pressure on you in a variety of ways: increasing working hours, harder and more unpleasant work, difficult tasks or lack of them in general. The employer will deliberately prevent you from earning money if your salary depends on the bonus part, or will force you to work two to three times more for the same money.

If you are forced to resign , then do not forget that if you quit “on your own,” this statement will not be able to prove that you were forced. However, if you can collect evidence in advance, it is still possible to prove this in court. In case of unlawful actions of the employer, threats and other provocations, you can always contact a trade union or even create one yourself! To create a trade union, you need at least three employees working in one organization, after which you can independently choose which of the largest trade unions in Russia will be convenient for you.

Most often recommended: Federation of Trade Unions of Russia 8(499)231-53-19 and United Workers' Trade Union "Zashchita" 8(499)231-57-01

The right to maintain average earnings

Article 178 of the Labor Code of the Russian Federation states that an employee dismissed due to the liquidation of a company or due to its downsizing has the right to compensation. Moreover, the company will pay your average salary until you find a new job within two months. If you immediately register with the employment service and receive the appropriate certificate, then by presenting it to the employer, you will receive payment for the third month.

Nuances: it is necessary to correctly fill out a letter of resignation (not at your own request, but precisely one of the reasons above). Secondly, you will not be able to add severance pay to this compensation; the amounts are counted. Third, the money is not given out on the day of dismissal, but, as usual, on the days when the monthly salary was transferred. If for any reason the employer does not want to fulfill his obligations to you, write a complaint to the prosecutor's office or labor inspectorate. As soon as you start a new position and enter into an employment contract, these payments stop.

Job search - selection of vacancies and resume for free.

If they want to fire you - 10 useful tips

Five signs that clouds are gathering

Today, many are beginning to think about keeping their jobs.
Therefore, it is better to foresee in advance whether you are in danger of being fired or not. There are always fairly clear indications of this, and it is surprising that some workers are not able to catch them and assess the situation in a timely manner. 1. You suddenly begin to receive more and more written comments and instructions. If previously your boss limited himself to oral statements, and then suddenly began to resort to the epistolary genre, it is possible that he is creating a documented dossier to justify dismissal.

2. It begins to seem to you that your boss is constantly nagging you: everything you do is wrong! And when you try to justify yourself, he publicly reproaches you for being scandalous and wanting to contradict you. Here it is better not to seek justice, but to roll up your sleeves.

3. They don’t even find fault with you - they simply ignore you. The manager is less and less interested in your opinion - he does not seek your advice and categorically brushes aside your ideas. This is how the boss demonstrates a loss of faith in the employee and even views him as a hindrance.

4. They gradually take away some of your powers and, under plausible pretext, transfer them to other employees.

5. The manager, in your presence, constantly talks about the need for layoffs, about financial difficulties in the organization, about the bloated staff.

What to do?

1. Respond to written complaints in writing, but without emotion, with reasoning - if you have something to say. And keep a copy for yourself. Treat complaints constructively and make suggestions on what can be improved in a note. Offer your long-term plan for several months - this will show management that in the future you will not separate yourself from the office.

2. Don’t walk around offices and complain about injustice. “Victims” are the first to be fired because they themselves are ready for it. On the contrary, exude self-confidence and incredible performance.

3. Try to take on additional functions, another load, start doing something important that will take a long time. If someone is not coping with tasks and is working carelessly, suggest: “Let me try to do this!” During any task from above, behave like the hero of the film “Operation Y”: “Milk, “Sandy Quarry?” - "I!"

4. Build a relationship with your manager. Try to call him for a frank conversation, telling him that you would like to correct your shortcomings and are seeking advice on how best to do this. Do not make complaints to him, build a conversation in a constructive manner. By the way, you can note how much you value this work: you need to repay the loan, you have your whole family dependent on you... But don’t complain, just show interest in keeping the job. During a crisis, you need to please your superiors...

5. If you feel that clouds are gathering over your head, study the job market in advance. Just do it without management finding out.

Tatiana ALEXEEVA.

QUESTION ON THE TOPIC How realistic is the threat of “dismissal under article”?

“The director told us: “If you don’t write ‘on your own’, we’ll fire you as unskilled workers,” our reader Nina complains by email. Judging by the responses, this method of “persuasion” is very popular with management. But labor law experts explain: in fact, the ease of dismissal “under article” is a bluff! According to the law, in order to prove that an employee’s qualifications do not correspond to the position held, the employer must comply with so many rules described in Article 77 that it doesn’t seem like much (deputy head of Rostrud Ivan SHKLOVETS spoke about this in detail at an online conference in “KP” - see on the kp website. ru).

If employees subsequently dismissed in this way go to court, they very often win the case. Moreover, in addition to moral satisfaction, the winners receive compensation in the amount of their average earnings for the entire period from the day of dismissal to the day of the court decision. With your work book, go out!

The most common ways to part with employees during a crisis “At your own request”

Now this is the cherished dream of most employers: no paperwork, no severance pay. The employee writes a statement, and after two weeks, or even earlier, the law allows you to shorten this period by mutual agreement - go for a walk, Vasya! For an employee, this method of dismissal is a complete disadvantage. Firstly, you “fly” with severance pay. Secondly, if you decide to register with the employment service, then the unemployment benefit will be minimal: for those who quit of their own free will without good reason, it is calculated not in proportion to the previous salary, but based on the minimum amount (today this “minimum” is 781 rubles ). CONCLUSION: if your boss is inclined to write a letter of resignation “on your own,” resist with all your might. Don’t make a scandal, offer constructive options, including ways of dismissal that are less painful for you (see below). If things don’t work out amicably, then remind the employer that forcing dismissal is illegal, and the prosecutor’s office and the State Labor Inspectorate are now especially responsive to workers’ complaints. + ADVICE: if you nevertheless decide to resign of your own free will, do not forget to demand compensation for vacation days not taken off for the entire time you worked in this “office”.

Please note: to calculate vacation pay, it is not the earnings of previous years that accounted for unused vacations, but your average salary for the last 12 months.

“By reduction of staff” By law, this is the main method of dismissal in cases of financial and other problems at the company. Attention: if the employer has not completed all the formalities required for dismissal due to staff reduction (see below), the employee may apply to the court for reinstatement. If he wins, the employee is paid the average salary for the entire period from the date of dismissal to the day the court decision is made. According to the rules, dismissal should proceed as follows: Employees are notified of the upcoming layoff at least two months in advance, against receipt. An oral announcement of staff reduction at a general meeting does not count! The employer offers candidates “on the fly” all the vacancies available in the organization. The employee is paid severance pay in the amount of average monthly earnings. If within a month the unemployed does not find a new job, then the average earnings for the second month are paid. You can also receive earnings for the third month: if within two weeks after dismissal the employee registered with the employment service and was not employed by it for two months. Article 77, don't forget about it. In addition, the benefits that certain categories of employees have by law when staffing is reduced must be respected. Also keep in mind that there are employees whom the Labor Code generally prohibits from laying off! These are: - pregnant women; - women with children under three years of age; - single mothers raising a child under 14 years of age or a disabled child under 18 years of age, as well as other persons raising such children without a mother. CONCLUSION: For employees, staff reduction is usually the most favorable dismissal option. The exception is workers who receive most of their salary in cash. These people receive a modest severance pay based on their official earnings. + TIP: you can agree with your employer that you will be fired earlier than two months after notice (see above). In this case, additional compensation is paid: based on the employee’s average earnings in proportion to the time remaining until the expiration of two months after the notice of layoff. This option is beneficial to employees whose earnings depend on output if, due to the crisis, it is falling every day.

“By agreement of the parties” The law talks about this option very briefly; the terms of the agreement are determined by the employee and the employer. For a company, such separation from an employee is more convenient than downsizing, because it eliminates red tape. For employees, this method may be more profitable than dismissal due to staff reduction if most of the salary is given in an envelope. When concluding an agreement, there is a chance to agree on more significant compensation; Article 77 will help with this. CONCLUSION: this option allows you to combine the interests of employees and the employer, the main thing is to agree. + TIP: make sure that the amount of your “compensation” is recorded in writing in the agreement. If you are not sure of the integrity of your superiors, sign the agreement only when you receive the money in your hands - so that later you do not have to “beat out” compensation through the court.

Prepared by Anna DOBRYUKHA. kp.ru

Right to compensation in case of early dismissal

This compensation will be yours by right only if the employer announced a specific day of dismissal, but ended up cutting it earlier. As a rule, such things are reported at least a month in advance, and sometimes two.

What kind of compensation can you expect? Average earnings for the number of days remaining before the official dismissal date. For example, the company suggests not to drag out the bagpipes, but to go look for a new place. Refuse - you have the right to work up to the agreed date, or demand compensation. However, sometimes it is easier to leave and register and receive unemployment benefits than to butt heads with a bankrupt company.

Fighting Fears

It may also happen that due to the high unemployment rate, finding a job will not be so easy, and for a couple of months there will be no worthy offers.

To survive this period, do not think that you are a failure and there is no prospect for you in the future. You were fired from your job. This is a lesson that should be accepted and analyzed in order to move on calmly. Depression is very dangerous, and it is unlikely that anyone would want to hire a person with a dull look, convinced of his incompetence.

Because of the fear of being left without money, you should not rush to the first job that comes your way, because a little later it may turn out that the working conditions are not suitable for you or problems with wages will arise, and you will have to go through dismissal again. You must clearly find out what kind of job you want, and even if you have to agree to an offer that is less advantageous in some respects, the employer must offer you conditions that are better than they were at your previous place of employment.

If you are fired and asked to come back, even if you experience setbacks, don't come back. Be sure that you will be asked to leave again, only this time the situation may be even more humiliating.

If your boss once decided to fire you from your job, sooner or later this will happen again.

During the downtime, you can think about changing your qualifications and taking courses to obtain a new specialty. Don’t give up freelancing; place an ad on the Internet that you are ready to work remotely. There are plenty of ways to make money online that you can take advantage of until you have a better offer.

The right of “last in line”

This right will be of interest to those who are being laid off due to staff reduction. As Article 179 of the Labor Code of the Russian Federation states, in our country there is a list of employees who are last in line for dismissal. These are, for example, highly qualified personnel, or, what happens more often, those who cannot be laid off at all: pregnant women and single mothers.

If you have been informed of a layoff, carefully study your colleagues - which of them works in what position and what benefits they have ahead of you. A fine awaits the employer who violates this law, and references to the labor inspectorate, trade union and prosecutor's office can convince of this.

The right to certificates of income and contributions

From each salary (official, of course), the employer pays taxes and contributions, reporting this to the tax office. This information is important for the employee in case of obtaining a loan, when moving to a new job or for forming a pension. Based on Article 84.1 of the Labor Code of the Russian Federation, you have the right to request certificates and any copies of orders that relate to you and your data. It is important to make sure that the documents are completed and certified as required. If the employer hesitates, hint at Articles 5.27 and 5.39 of the Labor Code of the Russian Federation, which promise a fine to all those who disagree. Documents must be issued on the day of dismissal.

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April 13, 2020

Fired from work without reason: what to do

If illegal dismissal does take place, the employee has every chance to defend his rights. He can contact:

to the State Labor Inspectorate (SIT);
to the prosecutor's office;
to court.

In this case, you can contact three of these places at the same time. This is due to the fact that all three authorities provide different methods of violated rights. If the State Tax Inspectorate and the prosecutor’s office can inspect the organization and issue an administrative fine with an order to eliminate violations, then the court can immediately reinstate the person at work, as well as oblige the employer to pay him compensation for forced absence. The court decision on reinstatement at work by virtue of Articles 394 of the Labor Code of the Russian Federation and 396 of the Labor Code of the Russian Federation must be executed immediately. But a person can go to court on this matter only within one month from the date of delivery of a copy of the order of dismissal from work or from the date of issue of the work book. If he did not receive these documents, the countdown of the period begins from the moment when he became aware (should have become aware) of the violation of his rights. However, such appeals to the court are not subject to state duty.