What grounds and procedure for the dismissal of an employee at the initiative of the employer are provided for by the Labor Code of the Russian Federation, and what is the procedure for restoring an unlawfully dismissed employee to the workplace?
The grounds and procedure for the dismissal of an employee at the initiative of the employer are defined by the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Let's take a closer look at them.
Grounds for dismissal at the initiative of the employer
1. Inconsistency of the position
The employer may terminate the employment contract if the employee does not meet the qualifications or professional requirements.
2. Violation of work obligations
The reason for dismissal is the systematic failure to perform official duties, absenteeism, appearing at work under the influence of alcohol and other gross violations of the work schedule.
3. Economic reasons
Termination of the contract is possible in case of staff reduction or liquidation of the organization.
4. Committing theft or embezzlement
Actions directed against the material assets of the employer lead to the immediate termination of the employment contract.
The procedure for dismissal at the initiative of the employer
Steps of the dismissal procedure:
1. Preparation of the order on termination of the employment contract
The employer prepares a written order containing the reason for termination of the contract and a link to the relevant article of the Labor Code of the Russian Federation.
2. Familiarization of the employee with the order
The order is notified to the employee against signature no later than the last working day.
3. Issuance of a work record
The employer must hand over the employee's workbook on the last working day with a record of the reason for the dismissal.
4. Settlement with an employee
A full settlement is made with the employee, including payment of severance pay, compensation and salary arrears.
Procedure for reinstatement of an unlawfully dismissed employee
If an employee believes that his dismissal was illegal, he can apply to the court for reinstatement. The court verifies the legality of the grounds and procedure for dismissal by scheduling a hearing and hearing both sides of the conflict.
Algorithm of actions for recovery:
1. Appeal to the court
The claim is filed within one month from the moment of reviewing the dismissal order.
2. Judicial proceedings
The court examines the evidence of both sides, listening to witnesses and examining documentation.
3. The court's decision
If the dismissal is found to be unlawful, the court will order the reinstatement of the employee at his former place of work.
4. Execution of a judicial act
The employer is obliged to reinstate the employee and pay compensation for forced absenteeism.
The procedure for dismissal and reinstatement is clearly prescribed by law, which guarantees the protection of the rights of both employers and employees.