The procedure for concluding and terminating an employment contract

Features of the employment contract

The conclusion of an employment contract always takes place in writing (in the near future it will also be possible to fill it out in electronic format). Thus, work based on an oral agreement is not considered an employment contract.

The document is filled out in two copies - one agreement per participant in labor relations. The employee and employer sign both documents.

To formalize an employment contract, a potential employee must provide his employer with the following documents:

Identity card (passport, residence permit, refugee certificate, etc.);

Work book;

SNILS;

Military registration document (for example, military ID). An employer who hires a citizen liable for military service without military registration will be held administratively liable;

TIN;

Medical policy;

Diploma or other educational document;

A document indicating the qualifications of a specialist (required in certain cases).

Some of the documents, for example, an insurance policy, work record book and taxpayer number, must be prepared by the employer himself if the citizen whom they decide to hire is getting a job for the first time.

It is also possible that a new employee will work part-time, which means he will not be able to present his work record. In this case, he can bring a copy of it or limit himself to a certificate from his main workplace.

This list of documents is exhaustive; the employer has no right to demand the presentation of other documentation. However, the employer may ask to provide additional personal data about the citizen.

In turn, the employer, before concluding an employment contract, is also required to provide the future employee with certain documentation, including:

Internal labor regulations. The future employee must not only familiarize himself with the document, but also sign as evidence of this;
Collective agreement;
Other existing local regulations that are directly related to the future activities of the employee within the framework of his position.

Important: all these steps must be completed before signing the employment contract!

How to draw up an employment contract?

It is necessary to take into account some points in order to correctly draw up an employment contract. The text of the document must include the following points:

Information about the employee and employer: full name, name of organization, etc.;
Details of documents of both parties;
TIN of a legal entity or individual entrepreneur;
Information about the person who signs the document on the part of the employer, as well as an indication of the grounds according to which the signing party is vested with such powers;
Information about the contract itself: place and date of conclusion.

It is also necessary to clearly state the following terms of the employment contract:

Place of work (if an employee gets a job at a branch or representative office, you must also provide information about the head office);
List of official duties of the employee;
Start date of official cooperation;
Terms of remuneration (including possible allowances and bonuses);
Working hours indicating time for rest (provided that there is a non-standard work schedule);
An indication of the compensation due for difficult working conditions or work with hazardous substances;
Information on compulsory social insurance;
Responsibilities of the future employee and his employer.

Article 84.1. General procedure for registering termination of an employment contract

Determination of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 N 4888/09 in case N A40-53227/08-83-583 According to the requirements of articles 84.1 of the Labor Code of the Russian Federation, paragraph 45 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers , approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, the maintenance, storage, accounting and issuance of work books is carried out by the employer.

“Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2010”

In accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code or other federal law, his place of work (position) was retained. Such cases include, for example, an employee submitting a written resignation letter of his own free will before going on vacation, so that the employment contract with him is terminated at the end of the vacation. In accordance with current legislation, upon a written application from an employee, he may be granted unused vacation with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal will not be considered the last day of work, but the last day of vacation.

Determination of the Constitutional Court of the Russian Federation dated January 27, 2011 N 16-О-О

1. In his complaint, citizen V.I. Grishchenko challenges the constitutionality of Article 84.1 of the Labor Code of the Russian Federation, which establishes, in particular, that the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but after him, in accordance with this Code or another federal law, the place of work (position) was preserved (part three), as well as the provisions of paragraph 2 of Article 278 of this Code, according to which an employment contract with the head of an organization can be terminated in connection with the adoption by the authorized body of a legal entity, or the owner of the organization’s property, or an authorized the owner person (body) of the decision to terminate the employment contract.

Determination of the Supreme Court of the Russian Federation dated May 14, 2010 N 45-B10-7

In addition, Article 84.1 of the Labor Code of the Russian Federation provides for a general procedure for formalizing the termination of an employment contract. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Determination of the Supreme Court of the Russian Federation dated October 29, 2009 N 19-В09-19

According to Part 4 of Article 84.1 and Part 1 of Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, the employer is obliged to settle with the employee and pay all amounts due to him on the day of dismissal, and if the employee did not work on that day, then no later than the next day after presentation dismissed employee demands for payment.

Determination of the Supreme Court of the Russian Federation dated June 25, 2010 N 92-B10-1

In accordance with Part 3 of Article 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but his place of work was retained in accordance with this Code or other federal law ( job title). Such cases include, for example, an employee submitting a written resignation letter of his own free will before going on vacation so that the employment contract with him is terminated at the end of the vacation. In accordance with current legislation, upon a written application from an employee, he may be granted unused vacation with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal will not be considered the last day of work, but the last day of vacation.

Resolution of the Supreme Court of the Russian Federation dated October 10, 2011 N 4-AD11-8

According to Article 84.1 of the Labor Code of the Russian Federation, the employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

Determination of the Constitutional Court of the Russian Federation dated March 22, 2011 N 394-О-О

The contested provisions of Articles and 84.1 of the Labor Code of the Russian Federation were applied in the applicant’s case by a court of general jurisdiction. 2. The Constitutional Court of the Russian Federation, having studied those presented by V.N. Volynkin materials, finds no grounds for accepting his complaint for consideration.

Determination of the Supreme Court of the Russian Federation dated November 25, 2011 N 19-B11-19

Violation by the employer of Art. 84.1 of the Labor Code of the Russian Federation in terms of non-compliance with the statutory deadline for issuing a work book to an employee upon dismissal, which is referred to in the court decision, is the basis for the employer to become obligated to pay the employee wages during the delay in issuing it, and not for declaring the dismissal illegal and reinstating it worker at work.

Determination of the Constitutional Court of the Russian Federation dated January 25, 2012 N 1-О-О

1. In his complaint, citizen V.A. Pryakhin requests that Article 84.1 of the Labor Code of the Russian Federation, which establishes that the day of termination of an employment contract in all cases is the last day of work of the employee, is declared inconsistent with the Constitution of the Russian Federation, its Articles 37 (Part 5) and 54 (Part 2), with the exception of cases when the employee did not actually work, but, in accordance with this Code or other federal law, he retained his place of work (position).

Determination of the Constitutional Court of the Russian Federation dated March 22, 2012 N 486-О-О

In addition, the applicant challenges the constitutionality of Articles 84.1, 381, 382, 392 of the Labor Code of the Russian Federation, which regulate the procedure for formalizing the termination of an employment contract, as well as issues of consideration and resolution of labor disputes. As follows from the presented materials, on the basis of Part 1 of Article 48 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, by order of the head of the administration of ZATO “Aleksandrovsk” (Murmansk region), changes were made to the order of the head of the administration of the transformed ZATO “Skalisty” on dismissal a number of municipal employees.

Duration of the employment contract

Based on the nature of the duration of the employment relationship, two types of documents are distinguished:

Indefinite - in this case, the document will expire simultaneously with its termination;
A fixed-term employment contract that cannot be concluded for a period longer than 5 years.

Fixed-term employment contract

This document is relevant for employment relationships that cannot be concluded on a permanent basis (seasonal work, temporary work, etc.). Its only difference from an open-ended employment contract is that in the field where the start date of the work is indicated, the day of its completion is immediately entered.

If the document has expired, while the employee continues to perform his duties, and none of the parties to the contract has demanded its termination, then the document automatically becomes an open-ended document, and the provision on the termination of the employment relationship simply loses its force.

15.4. Changes and procedure for termination of an employment contract

Types of changes to the employment contract: 1) transfer to another job; 2) movement; 3) suspension from work. Transfer to another job is a change in the job function or a change in the essential terms of the employment contract (place of work, job function, wages, working hours, benefits, etc.), which is permitted only with the written consent of the employee. The transfer can be in the same organization or to another organization, as well as to another location together with the organization. Types of transfers: 1) temporary, arising in connection with: a) production needs; b) the employee’s health status (according to medical prescriptions); c) providing easier work to pregnant women, as well as women with children under 1.5 years of age, if, according to the conditions of their work, they cannot use breaks for feeding; 2) permanent: a) transfer in the same organization (at the initiative of both the employer and the employee); b) transfer to another organization for permanent work; c) transfer to another area together with the organization (an area outside the administrative-territorial boundaries of the corresponding locality). An employee’s refusal to be transferred to another location with the organization is grounds for termination of an employment contract with him. Temporary transfer is possible at the initiative of both the employer and the employee. Relocation - performing work at another workplace, in another structural unit of this organization in the same area, assigning work to another mechanism or unit, if this does not entail a change in the labor function and a change in the essential terms of the employment contract. Suspension from work is the employer’s refusal to allow an employee to perform his or her job function. However, dismissal does not constitute termination of the employment contract. The employer is obliged to remove from work (not allow to work) an employee: 1) who appears at work in a state of alcohol, drug or toxic intoxication; 2) who has not undergone training and testing of knowledge and skills in the field of labor protection; 3) has not passed a preliminary or periodic medical examination; 4) due to medical contraindications; 5) according to the requirements of bodies and officials authorized to do so. In connection with changes in organizational or technological working conditions, changes to the essential terms of the employment contract are allowed at the initiative of the employer, of which the employee must be notified in writing no later than 2 months before their introduction. If the employee does not agree to continue working under the new conditions, the employer is obliged to offer him another job in the organization. Termination of an employment contract is the end of the labor legal relationship between the employee and the employer, which is possible only if there are grounds enshrined in the law. Grounds: 1) agreement of the parties; 2) expiration of the employment contract, which was concluded for a certain period - no more than 5 years (fixed-term employment contract), except for cases where the employment relationship actually continues and neither party has demanded its termination; 3) termination of the employment contract at the initiative of the employee (the employee must notify the employer of dismissal in writing 2 weeks in advance); 4) termination of the employment contract at the initiative of the employer; 5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position); 6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization; 7) the employee’s refusal to continue working due to a change in the essential terms of the employment contract; the employee’s refusal to transfer to another job due to health conditions in accordance with a medical report; 9) the employee’s refusal to transfer due to the employer’s relocation to another location; TO? circumstances beyond the control of the parties; 11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. The day an employee is dismissed is his last day of work. Grounds for termination of an employment contract at the initiative of the employer: 1) liquidation of the organization, termination of activities by the employer - an individual; 2) reduction in the number or staff of the organization’s employees; 3) the employee’s incompatibility with the position held or the work performed; 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction; 6) one-time gross violation of labor duties by an employee: a) absenteeism; b) appearing at work in a state of alcohol, drug or other toxic intoxication, etc. The procedure for registering dismissal, severance pay.

Types of employment contracts

In addition to the duration of the work, contracts also differ depending on the nature of the cooperation:

At the main place of work;
At the same time;
About temporary work (when the work will take no more than 2 months);
About seasonal work;
About working from home;
On state or city service (concluded in the form of a contract).

The following type is by employer category:

When the employer is a legal entity;
When an individual is hired to work.

Another type of document is based on the specific legal status of the employee:

With a minor employee;
With citizens with family responsibilities;
With citizens of other countries.

Change of employment contract

Both parties to the employment relationship have the right at any time to make adjustments to the text of the document that relate to:

Transfer to another job;
Adjustments to existing conditions;
New owner of company property or reorganization of the company;
Removal from work duties.

The employer can unilaterally make changes to the text of the employment contract only if, due to external changes, maintaining the previous conditions is impossible (for example, reorganization of the company, introduction of new work technology, etc.).

Under other circumstances, management will have to agree on all adjustments with the employee. To do this, you must sign an additional agreement to the employment contract.

The employer must also remember that in situations where he intends to adjust the current employment contract, the employee must be notified 2 months before the changes are implemented.

Such a notice is drawn up in writing and given to the employee against signature, after which one copy must remain with him, and the second copy must be kept by the employer.

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, or a change in the type of state or municipal institution (Article 75 of this Code);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of this Code);

9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid.

Termination (termination) of an employment contract

The legislation provides a number of grounds for termination of an employment contract:

By mutual agreement;
Upon expiration of the period that was provided in the text of the document. The opinion that the contract will terminate automatically on the day specified in the document itself is erroneous. The employer must notify the employee that all employment relations with him will be terminated at least 3 days before termination. If this is not done, the contract will be reclassified as unlimited;
At the initiative of the employee , who is also obliged to notify his superiors in writing at least 2 weeks in advance (3 calendar days when it comes to temporary work);
At the employer's discretion. At the same time, management must have good reasons for making such a decision, including, for example, liquidation of the company, gross violation on the part of the employee (absenteeism, theft of work property, being at work under the influence of alcohol, etc.);
Transfer of an employee to another position or to another employer. To apply this clause as a basis, the consent of both parties is required;
Refusal of an employee to continue working due to a change in the ownership of company property;
Refusal by an employee due to dissatisfaction with the new terms of the employment contract;
The employee’s refusal to move to another area (which is necessary for the full performance of job duties);
External circumstances that the parties cannot influence: conscription into the army, loss of ability to work, death of an employee or superior, etc.;
Initial conclusion of a contract in violation of labor laws.

Change and termination of an employment contract

Documents created when changing an employment contract. Documenting the termination of the employment contract. Documents grounds for dismissal of employees.

According to Art. 72 of the Labor Code of the Russian Federation, the document by which the parties formalize a change in the terms of the employment contract is called an agreement to change the terms of the employment contract determined by the parties. Although this is not directly established in the Labor Code of the Russian Federation, additional agreements to the employment contract, as its integral parts, must be drawn up and executed in the same manner as established for the employment contract. According to Part 1 of Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties; one copy of the employment contract is given to the employee, the other is kept by the employer; receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. Consequently, an agreement to change the terms of the employment contract determined by the parties must also be drawn up in writing (this also follows from Article 72 of the Labor Code of the Russian Federation); in the number of copies in which the employment contract was drawn up (usually two - one each for the employer and employee); the fact that a copy of the agreement on changing the terms of the employment contract was issued to the employee must be confirmed by the corresponding signature of the employee on the copy of the agreement kept by the employer.

Changes are made only to the main document, that is, to the employment contract, even if it has previously been amended by another agreement or agreements.

Also, when changing the staffing table (positions, wages), it is necessary, in addition to the agreement, to prepare an order to enter or approve the staffing table, an order to transfer the employee to another position, and make an entry in the T-2 form and in the work book. The employee gets acquainted with the entry made in the work book and signs in section III of the T-2 form. Please note that only changes in positions are entered into the T-2 form; the column is called “Signature of the owner of the work book.”

When terminating an employment contract, the general rule is that the termination of the employment contract is formalized by order (instruction) of the employer. Based on the order (instruction), a corresponding record of dismissal is made in the employee’s work book. The employee marks the receipt of the work book in the log book of work books and their inserts.

Grounds for termination of an employment contract

In accordance with Art. 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time by agreement of the parties. Termination of an employment contract by agreement of the parties is formalized by an agreement on termination of the employment contract, signed by the employer and employee, and by an order (instruction) of the employer.

Fixed-term employment contract in accordance with Art. 79 of the Labor Code of the Russian Federation is terminated upon the expiration of its validity period, of which the employee must be warned in writing at least 3 days before dismissal. Termination of a fixed-term employment contract with the expiration of its validity period is formalized by notifying the employee of this termination in writing, followed by the issuance of an order (instruction) of the employer.

Article 80 of the Labor Code of the Russian Federation establishes that termination of an employment contract can occur at the initiative of the employee (at his own request). The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.

An employment contract can be terminated by the employer in the event of a reduction in the number or staff of the organization's employees. The employer is obliged to warn the employee about the upcoming dismissal due to a reduction in the number or staff personally against signature at least 2 months before the dismissal. If for some reason an employee does not want to sign a warning about the upcoming dismissal, then the administration of the organization must draw up an act signed by several witnesses, which will record the fact and date of the warning.

Article 82 of the Labor Code of the Russian Federation talks about the mandatory participation of an elected trade union body in considering issues related to the termination of an employment contract at the initiative of the employer. When making a decision to reduce the number or staff of an organization’s employees and the possible termination of employment contracts with employees in accordance with clause 2 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to inform the elected trade union body of this organization about this in writing no later than two months before the start of the relevant events. In some cases specified in the Labor Code of the Russian Federation, the dismissal of employees who are members of a trade union is carried out taking into account the reasoned opinion of the elected trade union body. When making a decision on the possible termination of an employment contract, the employer sends a draft order, as well as copies of documents that form the basis for making this decision, to the relevant elected trade union body of the given organization.

The reasons for dismissal in each case must comply with a specific article of the Labor Code of the Russian Federation, and when dismissing employees who are subject to other regulations, the requirements of these acts.

Documents for terminating an employment contract

To dismiss an employee or terminate an employment contract with him or her, grounds and, accordingly, documents are required, which are:

a written agreement between the employer and employee, which indicates that the parties have agreed to terminate the employment contract and have determined the date of dismissal;
written warning to the employee about the expiration of the employment contract;
a written request from another employer to transfer an employee to him; the employee’s application for dismissal by transfer or the employee’s written consent to transfer to another employer;
employee’s resignation letter due to transfer to elective work (position);
documents confirming the change of owner (for example, state registration of the transfer of ownership (Article 564 of the Civil Code of the Russian Federation)); written refusal of the employee to continue working in connection with a change in the owner of the organization’s property;
documents confirming the reorganization of the organization (for example, a certificate of state registration of a legal entity (form No. P51001, approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439); written refusal of the employee to continue working;
written notification to the employee about the introduction of changes; a written offer to the employee of a job available in the organization that corresponds to his qualifications and state of health, or a vacant lower position or lower paid job, taking into account his qualifications and state of health; written refusal of the employee to continue working;
a medical report indicating that the employee’s health status prevents him from performing his job duties (for example, the performance of job duties is contraindicated for him, dangerous for members of the team of workers or the citizens he serves) (clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16) for health reasons; written refusal of the employee to transfer to another job;
documents confirming a violation of the rules for concluding an employment contract (for example, a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities; a court decision on disqualification; a medical report according to which a person is contraindicated for this work for health reasons; a document confirming the absence appropriate education if the work requires special knowledge). If it is possible to transfer to another job - also a written offer to the employee of another job available to the employer and a refusal to transfer to the offered job;
the employee’s statement of dismissal indicating the reason for which it is impossible to continue working (with the attachment, if possible, of supporting documents);
decision of the owner or court to liquidate the organization; notification of a decision to liquidate a legal entity. faces; written warning to the employee about the liquidation of the organization;
an order to reduce the number of employees or an order to reduce the number of employees; a written offer to the employee of another available job (vacant position) in the same organization that corresponds to the employee’s qualifications;
conclusion of the certification commission confirming the employee’s inadequacy for the position held; if there is a trade union organization - a written notification to the elected trade union body of this organization with the attachment of a draft order for the dismissal of workers who are members of the trade union, and copies of documents that are the basis for making this decision. Protocol of consultations with the elected trade union body in the event that the trade union body expressed reasoned disagreement with the manager’s decision to dismiss;
a written act confirming the failure or improper performance by the employee of labor duties assigned to him by the employment contract or internal labor regulations, and the presence of the employee’s guilt. Written explanations of the employee (or an act of the employee’s refusal to give explanations). An order imposing a disciplinary sanction, the effect of which has not been lifted (within a year from the date of application of the disciplinary sanction);
a medical report on the employee’s condition or an act recording the fact that the employee appeared during working hours in a state of alcoholic, narcotic or other toxic intoxication or witness testimony; written explanations of the employee or an act of the employee’s refusal to give an explanation;
the presence in the employment contract of the employee’s obligation not to disclose certain information containing secrets protected by law; documents confirming the disclosure of secrets protected by law; written explanations of the employee or an act of the employee’s refusal to give explanations;
entered into legal force: court verdict on criminal liability under Art. 158, 159, 160, 164 or 167 of the Criminal Code of the Russian Federation or a court order to bring the post to administrative liability. 7.27 silt. 7.17 Code of Administrative Offenses of the Russian Federation;
documents required for the investigation of industrial accidents, approved by the Resolution of the Min. Labor of Russia dated October 24, 2002 No. 73. An act of gross violation by an employee of labor protection requirements, which created a real threat of grave consequences. Documents confirming the existence of a real threat of grave consequences. Written explanations of the employee or an act of refusal of the employee to give explanations;
documents or evidence of an immoral offense committed by a person;
summons from the military registration and enlistment office. Employee's resignation letter;
court sentence;
medical report;
a copy of the employee's death certificate;
a copy of the court decision declaring the employee dead;
a copy of the court decision recognizing the employee as missing.

Source: Magazine “Accounting News”, St. Petersburg, No. 4, 2010.

Violation of an employment contract

Violation of the terms of a document regulating labor relations can lead to serious consequences, including criminal liability.

When the violator is an employee

The most common violations committed by employees include:

Failure to fulfill one's immediate professional duties;
Allowing gross violations in the performance of one’s duties, including:

Absenteeism;
Working under the influence of alcohol or drugs;
Disclosure of secrets that the employee learned in the course of his work activity. We are talking about both commercial or official secrets and state secrets;
Illegal transfer of personal data of your colleagues;
Theft of work property, its damage (intentional), etc.;
Ignoring labor safety rules, which entails the risk of an accident;

Amoral behavior;
Actions (often directly related to the material side) that led to a loss of confidence in the employee;
Providing false information about yourself or false documents when applying for a job.

Any of the above grounds entails dismissal under an employment contract

Violations committed by management

In practice, there are much more violations committed by employers. They depend on the specifics of the enterprise and many other factors. We give the most common examples:

Punishment (in the form of fines, deprivation of bonuses, etc.) of an employee for the latter’s refusal to perform work that is not part of his job duties;
Delay of wage payments;
Creation of irregular working hours (when this is not provided for by the terms of the contract);
Refusal to provide an employee with legal paid leave;
Deprivation of a position in the absence of objective reasons;
Violation of labor safety conditions and regulations;
Refusal to pay legal compensation.

Responsibility for violation of labor laws

Unscrupulous employers may bear the following liability for violation of an employment contract:

Civil penalties:

Payment to an illegally dismissed or suspended employee of previously unpaid wages;
Payment to an employee of lost wages and compensation for expenses incurred by the latter due to injury or damage to health.

Disciplinary punishment;
Administrative punishment:

Unjustified dismissal of an employee;
Violation of safety requirements and working conditions.

Criminal penalty:

Violation of labor protection requirements;
Failure to pay an employee the money he earned.

Criminal punishment applies exclusively to an official, that is, a citizen, and cannot extend to an organization.

Reasons for termination of an employment contract at the initiative of the employer

This possibility is provided for in Article 81 of the Labor Code of the Russian Federation. In this case, only the employer is the initiator. The article contains an exhaustive list of reasons for dismissal:

Liquidation of an organization

In this case, the following documents must be completed:

In the event of liquidation of an organization or termination of the activities of an individual entrepreneur, the following documents will be the basis for dismissal:

The decision to liquidate a legal entity, made in accordance with the procedure established by law;
Court decision on bankruptcy of an organization or individual entrepreneur;
Extract from the Unified State Register of Legal Entities (Unified State Register of Legal Entities) about the expiration of the registration period for a legal entity or individual entrepreneur;
Refusal to renew a license;

For dismissal, the following documents must be completed.

Notification of the employee about the dismissal of the employee in writing (issued in two copies);
An order to terminate an employment contract drawn up according to the unified form No. T-8;
An entry in the work book indicating that the employee was dismissed due to the liquidation of the organization or termination of the activities of an individual entrepreneur of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Staff reductions

Dismissal due to a reduction in the number or staff of employees of an organization or individual entrepreneur is possible only if it is impossible to transfer the employee with his written consent to another job available to the employer. If an employee refuses to transfer for dismissal, the following documents are drawn up:

Order to reduce the size of the organization's staff;
Written notification to the employee of familiarization with the order (notification must be made at least two months before termination of the employment contract);
Written notification to the trade union organization (if the employee or employees are members of a trade union);
The employee’s written refusal to accept another position (if staff reductions leave unfilled vacancies);
An order to terminate an employment contract drawn up according to the unified form No. T-8;
An entry in the work book indicating that the employee was dismissed due to staff reduction under the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

When dismissed on this basis, individual employees have an advantage in remaining at work. These employees include:

Family families with two or more dependents to support;
Families whose family has no other independent earning workers;
Employees who received a work injury or occupational disease at this place of work;
Employees who improve their skills at the direction of the employer without interruption from work;
Disabled participants in military operations to defend the Fatherland.

Inconsistency of the employee with the position held

If the employee’s qualifications are insufficient for the work performed, then the employer can exercise its right and dismiss the employee only if it is impossible to transfer the employee with his written consent to another job available to the employer. Documents that need to be completed:

Conclusion of the certification commission;
Written consent of the trade union organization (only if the employee is a member of the trade union);
Job description as an appendix to the conclusion of the certification commission;
Written refusal of the employee from another position;
An order to terminate an employment contract drawn up according to the unified form No. T-8;
An entry in the work book indicating that the employee was dismissed due to service inconsistency and refusal of another position of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Change of owner of the organization's property

In this case, the employer can exercise its right to dismiss executive employees who held the positions of head of the organization, deputy head or chief accountant. The following documents will be required:

A document confirming the change of owner of the organization, for example a certificate from the Unified State Register of Legal Entities (Unified State Register of Legal Entities);
An order to terminate an employment contract drawn up in the unified form No. T-8 (in this case, to dismiss a manager, the personal signature of the owner of the enterprise or the chairman of the board of shareholders is required, and to dismiss the deputy and chief accountant, the personal signature of the head of the organization);
An entry in the work book indicating that the employee was dismissed due to a change in the owner of the organization of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Repeated failure by an employee to fulfill job duties

An employer can exercise its right only if the employee has already been subject to disciplinary action and this is reflected in his personal file. The following documents must be prepared:

An order to prosecute for repeated violation of labor duties;
An order to terminate the employment contract drawn up in the unified form No. T-8 (in this order it is necessary to note that the employment relationship is terminated due to the employee’s repeated failure to fulfill his work duties without good reason and indicate the details of the orders by which a disciplinary sanction was imposed on the employee);
An entry in the work book indicating that the employee was dismissed due to repeated violations of labor discipline of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Gross violation of labor duties

An employer has the right to dismiss an employee for gross violations of labor duties. Gross violations include:

Employee absenteeism
The appearance of an employee in a state of alcohol or other intoxication
Disclosure of secrets protected by law
Committing theft or embezzlement
Intentional destruction or damage to property
Violation of labor protection requirements,
Commitment of guilty actions by an employee directly servicing monetary or commodity assets
Committing an immoral offense
Submission of false documents when concluding an employment contract.

Absenteeism without good reason

The following violations will be considered truancy:

If you were absent from work without good reason for the entire working day (regardless of its duration);
If you were absent from work without good reason for more than four hours in a row during the working day, even if at that time you were on the employer’s premises, but not at the workplace;
If you stop attending work without a good reason;
If you stop attending work before the end of the two-week period after you submitted your resignation;
If you went on vacation without permission or took time off.

In this case, for dismissal, you must complete the following documents:

Absenteeism report with attached work time sheet, form No. T-12 or access control system data (an employee’s explanatory note is required);
An order to terminate an employment contract drawn up in the unified form No. T-8 (an act of absenteeism must be indicated as a basis for dismissal);
An entry in the work book indicating that the employee was dismissed due to absenteeism under the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

The employer has the right to dismiss an employee in case of absenteeism, but may limit himself to disciplinary action.

Appearing in a state of alcoholic or other intoxication

The resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 clarifies that on this basis, employees who were present during working hours can be dismissed:

at your workplace;
on the territory of the organization - the employer;
on the territory of the facility where, on behalf of the employer, the employee must work.

Also, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 establishes that the state of alcoholic or narcotic or other toxic intoxication can be confirmed not only by a medical report, but by other evidence if it is accepted by the court. In practice, a medical report remains practically the only reliable evidence.

In this case, the following documents must be completed:

Order of disciplinary action (required, presence of an explanatory statement from the employee);
An order to terminate an employment contract drawn up in the unified form No. T-8 (as a basis, an order for disciplinary action must be indicated);
An entry in the work book indicating that the employee was dismissed due to appearing at work in a state of intoxication according to the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Disclosure of secrets protected by law

This is not necessarily a state secret; as a rule, in practice, this basis can be used when disclosing trade secrets or personal data of employees or clients. In order to dismiss an employee due to disclosure of secrets, the following conditions must be met:

In accordance with the laws “On Trade Secrets” and “On Personal Data”, the employer must prepare: a list of information that is subject to protection;
list of measures to protect information;
list of employees with access to classified information;
develop a regime for protecting classified information.

The employee must be familiarized with these documents against signature.

If these measures are not implemented by the employer, the employee will challenge the employer’s decision in court.

In this case, the following documents must be completed:

A report on the fact of disclosure of a secret (it is required to indicate the information disclosed, the time of disclosure, the conditions under which the fact of disclosure was discovered);
Act of the internal commission created to investigate the fact of disclosure of secrets (the guilty employee must be familiarized with the act against signature);
An order to bring the employee to disciplinary liability (the details of the act and memorandum must be indicated as grounds for holding the employee accountable);
An order to terminate an employment contract drawn up in the unified form No. T-8 (the basis for dismissal must be an order to hold the employee accountable);
An entry in the work book indicating that the employee was dismissed due to the disclosure of secrets of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

The commission, in the course of investigating the facts of disclosure of secrets and drawing up an act of disclosure, must request an explanatory statement from the guilty employee.

Committing theft or embezzlement

An employer can use this basis for dismissal only if the fact of theft or embezzlement is confirmed by a court ruling or an administrative protocol. Article 193 of the Labor Code of the Russian Federation provides that dismissal is possible only within six months after the theft or within two years if the fact of theft is discovered during an audit or audit.

In this case, the following documents must be completed:

An order to impose a disciplinary sanction for theft, the basis for the penalty (in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004, the order must be issued within a month);
An order to terminate an employment contract drawn up in the unified form No. T-8 (the basis for termination must be an order to impose a penalty);
An entry in the work book indicating that the employee was dismissed due to theft or embezzlement (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Orders to impose a penalty and to terminate an employment contract must follow one another.

Intentional destruction or damage to property

Only if this fact is confirmed by a court order or decision or an administrative protocol.

In this case, documents similar to the previous case are drawn up:

An order to impose a disciplinary sanction for damage to property (in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004, the order must be issued within a month);
An order to terminate an employment contract drawn up in the unified form No. T-8 (the basis for termination must be an order to impose a penalty);
An entry in the work book indicating that the employee was dismissed due to the destruction or damage to the organization’s property (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No. T-2

Orders to impose a penalty and to terminate an employment contract must follow one another.

Violation of labor protection requirements

Only if the violation caused an accident, accident or created a real threat of an accident or accident.

In this case, the following documents must be completed:

A report that must contain data on the circumstances, time and place of violation of labor protection requirements;
A report or expert opinion on the investigation of the accident accompanied by an explanatory note from the guilty employee;
An order to bring the employee to disciplinary liability (as a basis for bringing the employee, it is necessary to indicate the details of the act or expert opinion);
An order to terminate an employment contract by agreement of the parties, drawn up in the unified form No. T-8;
An entry in the work book indicating that the employee was dismissed due to a violation of safety requirements (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Orders to impose a penalty and to terminate an employment contract must follow one another.

Commitment of guilty actions by an employee servicing valuables

In this case, the grounds for dismissal are broader than in the case of theft or embezzlement, since guilty actions include:

Committing theft, loss, destruction of inventory items or funds entrusted to the employee, even if on this basis there was no investigation by law enforcement agencies and no court decision was made;
Violation of cash discipline;
Selling goods at a price higher or lower than the established one;
Fictitious write-off of goods and valuables;
Fraudulent activities;
Violation of the rules containing the procedure for issuing commodity and monetary assets.

It is worth noting that dismissal is possible only if these actions give rise to a loss of confidence in the employee on the part of the employer and only if the employer discovered the employee’s misconduct within a year after it was committed.
The Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 clarifies that direct service means reception, storage, transportation, distribution. In this case, the following documents must be completed:

Memorandum;
An act of the commission created to investigate the incident, accompanied by an explanatory note from the guilty employee;
An order to bring the employee to disciplinary liability (as a basis for bringing the employee to justice, it is necessary to indicate the details of the act);
An order to terminate an employment contract by agreement of the parties, drawn up in the unified form No. T-8 (an order to bring to liability is indicated as the basis);
An entry in the work book indicating that the employee was dismissed due to loss of trust (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Committing an immoral offense

On this basis, only employees associated with educational work (teachers, instructors, mentors, educators, nannies) can be dismissed and only if the employer discovered the employee’s misconduct within a year after it was committed. The resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 specifically clarifies that employees performing technical and support duties (watchmen, caretakers, drivers, accountants) cannot be dismissed on this basis.

The concept itself, an immoral offense, is absent in the law, so the employer can independently decide which act will be considered immoral. But the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 establishes that the place where the act was committed is not important, that is, an employee can be fired for committing an immoral offense at home, and not at the workplace.

In this case, the following documents must be completed:

Written complaint against a teaching employee;
An internal commission investigation report with a mandatory explanatory note from the employee;
An order to bring the employee to disciplinary liability;
An order to terminate an employment contract drawn up according to the unified form No. T-8;
An entry in the work book indicating that the employee was dismissed due to committing an immoral offense under the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2

Submission of false documents when concluding an employment contract

In this case, it is necessary to confirm the fact of providing false information and prepare the following documents for dismissal:

A written response to a request to an organization authorized to issue a document that turns out to be false;
An order to terminate an employment contract drawn up in the unified form No. T-8 (the details of the certificate are indicated as the basis);
An entry in the work book indicating that the employee was dismissed by agreement of the parties on the grounds provided for in paragraph No. 1 of the first part of Article 77 in connection with the provision of false information or forged documents of the Labor Code of the Russian Federation (the entry must be certified by the signature of the employee responsible for maintaining work books, the seal employer and the signature of the dismissed employee);
Personal card of the unified form No.-T-2