Most HR professionals, when hiring a new employee, study him work book. If an employee was dismissed from a previous job under the article, he may have serious problems with employment. Dismissal under the article is like a stigma that characterizes an employee as an unreliable and, therefore, undesirable employee in the company. Someone, having received an unsightly record in labor, despairs and thinks what to find Good work can no longer. But a lot here depends on the area in which the person works, and on the specific employer, and on the applicant himself. What to do in such a situation, how to look for a new job, what to say at the interview?

A fatal entry in the labor force may appear for various reasons: a conflict with management, a real violation by an employee labor discipline, unwillingness of the employer to release the employee. But we will not talk about these reasons, since HR specialists usually do not investigate these reasons.

"We will call you back"

Discussions about the abolition of work books in Russia have been going on for a long time, and personnel specialists are more likely to speak out against the abolition, noting that the existence of work books helps maintain labor discipline. When employees care about their reputation in the labor market, they take their responsibilities much more seriously. An experienced personnel officer, according to the information available in the labor office, can assess the reliability, discipline of an employee, his potential “loyalty” to the organization, and he does not want to lose access to this information at all.

At the same time, for an employee who has a dismissal under an article in his work book, a search new job often turns into a whole epic. If rare and valuable specialists can afford such a record without great consequences for further employment, then it is very difficult for everyone else in this situation. As soon as it becomes known about the dismissal under the article, the applicant receives a refusal without consideration or the standard phrase “we will call you back”, which usually ends everything. Why it happens?

An entry in the work book about dismissal under an article, like a bright flashing red button, immediately informs the HR specialist: problems may arise with this employee in the future. The task of the personnel officer is to choose the best specialist, optimally suited to the requirements for the position, a specialist with whom in the process of work there will be no unforeseen difficulties. As a rule, recruiters do not want to take risks. After all, if the hired worker again makes the same mistake, they will ask for it from the one who hired him.

For this attitude, many accuse HR managers of stereotypical thinking and the lack of an individual approach, but they just do their job - to make sure that every single cog in the company works properly and stably.

It is worth mentioning that a lot depends on the area in which the dismissed person has a job, on the situation on the labor market. It will be easier to find a job in mass specialties, in which there is a standard high turnover of personnel, but a qualified specialist, job seeker in a profession in which competition is tangible, will remain practically without a chance.

How to find a job if you were fired for absenteeism?

It is difficult to give unequivocal advice in this situation. Even at specialized forums of recruiters, job seekers fired under the article are advised by HR managers themselves to “lose” their labor and start everything from scratch. While this is not the only option available, many take the path of least resistance and do just that. We only note that in this case the accumulated experience, reflected in the work book, will “burn out”. In addition, you will have to lie to the employer, risking being caught in a lie: if you want to find out where the person actually worked and why he quit, the employer can.

The second option is to look for a job through an acquaintance. With such employment, there are usually no interviews, the employee does not need to compete with other applicants. In this case, you will not have to get rid of documents or lie to the employer. When you change jobs, the problem will arise again, but the dismissal under the article will be covered by a new entry, and it will not be difficult to get good recommendations for acquaintances.

The third option, the most honest, but also the most difficult, is to look for a job, go to interviews and hope that one day the employer will accept the applicant for who he is. And in this case, a number of questions again arise: what to do, so as not to receive refusals at the first contact with the employer, how to behave at an interview, how to explain the reason for dismissal under the article.

Everyone finds their way out. Someone does not work in their specialty, while at the same time looking for suitable job. One employee gets a job through an acquaintance, blocking the ill-fated record in the labor, the other gets rid of this labor altogether, taking risks, the third goes through many interviews.

For the latter, competitiveness in the labor market is a critical issue. You can become more competitive by stubbornly raising your professional level, or you can simply lower your desired salary. The only thing that is categorically not recommended to be done in such a situation is to give up and think that now the career is over. You can always find a way out, just someone will cut the path by choosing a short path, and someone will go to the goal for a long time, gaining new experience. The choice always remains with the employee.

Interview Difficulties

The first task of the applicant is to make sure that he is invited for an interview. Therefore, the reason for dismissal does not need to be indicated in the resume and, moreover, immediately inform the employer about it in telephone conversation. Every employee has advantages and disadvantages, weaknesses and strengths. Speaking at an interview about your shortcomings, if they are not asked about them, is not recommended in principle.

To increase your chances, if possible, you should try to get an appointment not with the personnel department, but directly with the employer, since in this case the approach to you will be more individual.

It is not worth talking about the reasons for recording in the labor force, unless you are asked about it directly. Any explanation will sound like an excuse and will not add any pluses to you. And if at the same time it contains negative and impartial reviews about former employer, most likely it will be interpreted not in your favor.

When answering the question about the reason for dismissal under the article, it is better not to allow too much emotionality and explain everything briefly. An answer in the spirit of a famously twisted soap opera with former colleagues and bosses in the lead roles may seem interesting to the employer, but such an employee will most likely prefer to be abandoned before he comes up with a new story about a new boss. Therefore, it is better to be concise: give the actual reason and add that you are sorry that the circumstances turned out that way. The ability to admit and correct a mistake is valued much higher than the ability to disguise it.

Lowering the salary is an extreme option, since you risk not only earning less in the end, but also getting to an employer who needs a “convenient, willing” employee. Your agreement to work for a lower salary than your colleagues is the first signal to the employer that you are just such a person. Another situation is work in a company or a small firm, where salaries are lower and where mostly novice specialists come. An experienced employee in such a company can be taken, even despite the spoiled labor.

If the employer shows hesitation, you can offer to hire you with probationary period to make sure you are qualified.

Anna Shevchuk

Dismissal can hardly be called a pleasant topic. However, remembering that the best defense is an attack, it will never be superfluous to arm yourself with information and be as knowledgeable as possible in this area. This briefing will be an excellent help for any employee.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Reasons for dismissal from office

Despite the fact that almost every enterprise has its own charter, spelled out in the employment contract, you should know the main points that are misdemeanors of the degree for which they can and have the right to deprive them of work.

Absenteeism

Absenteeism, as the most popular deviation from labor discipline, is quite weighty, however, it is also one of the most contested arguments in favor of dismissing an employee who has crossed this line.

Definition of absenteeism in the shopping mall Russian Federation pp. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation simultaneously covers two concepts: both the absence of an employee the entire working day (regardless of whether it is a couple of hours or ten), and more than four hours in a row (not inclusive).

It is also reasonable to note that absenteeism is not an absence for a good reason.

In addition, the definition of the above term includes the following points:

• the employee's workplace (if it is not assigned to the employee, then being on the territory of the enterprise is not absenteeism);
• the fact of the absence of an employee (the reason for dismissal must be officially documented and confirmed).

Loss of trust

This paragraph provides for the dismissal (only!) of financially responsible employees in accordance with paragraph 7 of Art. 81 of the Labor Code of the Russian Federation. This means that the cause of loss of confidence can apply to persons who have direct access to money and other material resources, their reception, storage, distribution, etc.

Such professions include:

• cashiers;
• sellers;
• accountants;
• warehouse managers;
• economists;
• forwarders, etc.

The reason for the loss of confidence can be both intentional misconduct and negligence, careless attitude to commodity and (or) material values. As in the case of absenteeism, the fault of the employee must be documented (an act of audit, inventory, memorandum).

Vivid examples of reasons for distrust:

• receiving payment for services without proper documentation;
• weighting or calculation;
• sale violation alcoholic beverages, as well as the issuance of pharmacological preparations.

Drunkenness

This reason is defined in paragraphs. "b" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. The legislation of the Russian Federation notes several significant clarifications to dismissal due to drunkenness in the workplace.

It is worth noting some facts:

• First, the fact of intoxication at the workplace, and not just alcohol consumption, must be recorded.
• Secondly, the reason is a weighty reason only if the employee appeared at work in an inappropriate condition during his working hours.
• Thirdly, intoxication refers not only to alcoholic hopping, but also to narcotic or other toxic ones.

Theft

The dismissal of an employee for theft, as this article is called differently, occurs when the fact of theft by a specific employee is established.

For this, there is a certain set of evidence, among which should be:

• the place where the offense was committed;
• the intent of the act of theft;
• the verdict of the court.

It should also be noted that an employee may be dismissed from work for theft no later than a month after the entry into force of the sentence.

True, this paragraph. "d" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation also has some by no means non-legal amendments. Many enterprises prefer not to talk about such cases in the team, and therefore, for example, an administrative penalty for petty theft can be carried out without the last indication in the list - the employee will most likely be offered to apply for own will, which is an output for both the employer and the employee.

Mismatch

The employer has the right to dismiss an employee who is not qualified enough to perform labor duties in his position, based on the results of certification in accordance with paragraph 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation. However, dismissal can only take place if the enterprise is not able to offer the worker a more suitable vacancy.

Therefore, the dismissal under this item takes place in two stages:

• certification, which determines how prepared an employee is for work in modern conditions;
• paperwork, if the results of certification were unacceptable.

Recall that the qualifications of a worker are determined by the documents on his education, as well as the relevant forms certifying his work experience and length of service in a particular position.

Other reasons

In addition to these reasons, there can be many reasons for dismissal. All of them are listed in the Labor Code of the Russian Federation.

1. Failure to comply with internal regulations, organization rules. This paragraph affects the charter that was indicated at the beginning of the article. Dress code, smoking ban - all these instructions, if they are written in the employment contract, must be followed in the strictest order.
2. Disclosure of professional secrets. Theoretically, an employer can even fire you for giving a colleague's home phone number to a stranger. In practice, this most often occurs on a larger scale and with greater consequences. This point is especially important if it is also indicated in the employment contract.
3. Failure to perform work duties. The simplest and most accessible item that does not need explanation. However, in order to legally dismiss on this occasion, strong evidence will be required.

The procedure for dismissal under the article

A feature of dismissal under the article is not only a legal and officially documented reason for depriving an employee of an enterprise of work, but also specific stages of dismissal, failure to comply with which may indicate insufficient legal force of the signed decree. So, below is a detailed description of each of the stages.

Attestation of fact

For each article, this stage should be carried out differently, since each has its own amendments. So, as already mentioned earlier, for dismissal due to drunkenness, it is required to testify the intoxicated state, and not just the fact of drinking alcohol.

At the same time, theft is proved in three stages: not only does the law recognize theft as a fact only if there is documented evidence in the form of an audit or a memorandum, this article also requires a trial with an appropriate sentence.

In some cases, this step becomes one of the easiest. For example, systematic non-compliance with the work schedule can be recorded daily, and then be presented as reliable evidence.

Warning: is it necessary?

This stage also has attributes depending on the reason for dismissal:

• When the company is liquidated and subsequent dismissal of all employees, as well as any other change in the organization’s working order and staff reduction, the employer must notify the dismissal of employees for 2 months. In addition, the enterprise is obliged to offer employees an alternative job suitable for their specialty.
• Similar conditions must be observed upon dismissal due to insufficient qualifications / unsatisfactory certification.
• When an employee is dismissed for non-fulfillment of labor duties, non-compliance with internal regulations, absenteeism, the employer first undertakes to demand from the employee a written explanation of his misconduct, then he has one month for appropriate disciplinary action. It should be noted that only one penalty is due for each offense, that is, if an employee has already been reprimanded for one absenteeism, they do not have the right to dismiss him for the same absenteeism.

Summing up all that has been said, that a notice of dismissal is a mandatory act, only the timing of its execution varies.

Employee familiarization

It consists in an official notification and presentation of an order, which indicates the reason, date and reason for dismissal, to the employee.

A signature confirming that the employee agrees / is familiar with the decree is required.

In case of refusal to sign, an act is drawn up with the presence of witnesses about the refusal.

Explanatory

The condition for the presence of an explanatory note has already been casually indicated earlier. According to the Labor Code, the employer undertakes to demand explanatory note from the employee who committed the misconduct, however, the employee himself is not obliged to write an explanatory note.

His right to refuse is not regulated by any acts.

However, the absence of this document does not cancel the disciplinary sanction. It, the penalty, will be drawn up in any case two days after the requirement to explain in writing.

Issuing an order

The law requires the issuance of two orders: the first confirms the imposition of a disciplinary sanction in the form of dismissal, and with the help of the second, the employment contract itself is terminated. In practice, in most cases, only the latter is sufficient.

All are attached to it. regulations, such as:

• details of reports and acts;
• explanatory note of the employee (if any);
• other documentation confirming the existence of a real reason for dismissal.

Employment history

The employer is obliged on the last working day for the dismissed employee to give him his work book with a corresponding record of dismissal. According to such a record, the reason for dismissal and the article that governs this regulatory provision is understood.

Depending on the reason for dismissal, the entry in the work book may contain one of the following options:

Payments and compensation

Upon termination, an employee is required to pay:

1. salary for all the time worked in the last month before dismissal. The day of dismissal is considered to be the last working day;
2. cash (in this case, all such holidays are taken into account);
3. severance pay. Payment is made if:

• liquidation of the organization;
• staff reductions.

Consequences for the worker

Based on the article under which the employee was dismissed, after the dismissal, he may have problems of varying degrees of complexity.

Conventionally, the reasons for dismissal can be divided into three groups, each of which has its own consequences:

• Articles not included in the work book. The employee quits “of his own free will” and the misconduct that occurred is not indicated anywhere. Although an acceptable option, when looking for a new job, questions from a potential employer may arise.
• Articles entered in the work book. Reasonable consequences in the form of a damaged reputation. However, in some cases, honesty is the best policy, especially from a legal standpoint.
• Articles connected with the reorganization of the enterprise. In this case, if the management of the company observes the law, the employee must be provided with all the conditions for getting a new job, and therefore the consequences are only positive.

Employee does not agree

The employee always has the right to defend his opinion, therefore, it is possible not to take the dismissal for granted. At a minimum, this is the main purpose of the explanatory note. However, there are other methods as well.

Ways to challenge

The law of the Russian Federation allows you to appeal the decision to dismiss in several cases:

1. dismissal occurs on the basis of the results of attestation to test qualifications. In such a situation, the employee has the right to submit an application to the commission within ten days to review the result;
2. The dismissal of an employee is illegal. For this option, the Labor Code provides for the restoration of the workplace and the consequences for the employer;
3. dismissal for theft. One of the conditions for such dismissal is a court verdict, which, in deadlines also can be appealed.

Management Responsibility

Of the above list, special attention should be paid to the second point. First of all, the management is obliged to carry out the dismissal in the manner established by law. In case of non-fulfillment of these obligations, the employer must pay monetary compensation to the employee and restore his workplace.

Maria Soboleva

What can they get fired for?

Dismissal under article - such prospect frightens many workers. What does this wording mean, for what violations does an employer have the right to apply it in practice and how to protect their rights?

Dismiss under the article - what does it mean?

According to legal norms, there is no such thing as “dismissal under the article”. The legal separation of the employee and the employer must be carried out in accordance with a specific article of the Labor Code.

Usually, this means the dismissal of an employee on a “bad” article, which will negatively affect further employment.

Consider to whom and when such extreme measures are applied under the labor legislation of the two neighboring countries.

In the Russian Federation, relations between an employee and an employer are regulated by the Labor Code, and in Ukraine by the Labor Code (Labor Code).

Dismissal due to non-compliance

The reasons for dismissal under this article are similar in the labor laws of both countries.

This occurs when the employee does not correspond to the position he occupies (the work he performs), the reason for which is insufficient qualifications. And it must be confirmed by the results of mandatory certification.

The subjective opinion of the employer that the subordinate is not doing his job is not enough. Maybe he has a personal dislike for you, or colleagues tried to put you in an unsightly light.

An objectionable employee will have to pass the test of the certification commission, about which a corresponding decree is issued. The assigned task must not go beyond official duties employee. Did the members of the commission conspire and deliberately offer impossible conditions? Then the employee has the right to complain to labor inspection to dispute the results of the assessment.

And when it comes to court, other facts in this dispute will be taken into account, especially if you turn to an experienced lawyer.

Dismissal under the article for non-compliance with the position is permissible when the employee cannot be transferred to another job. He must be offered vacant position respectively qualifications or lower, with lower pay.

Dismissal for unsuitability is permitted by law only when the employee refused the proposed options, or vacancies there is simply no work.

The grounds for dismissal for non-compliance with the position may be the state of health of the employee, confirmed by a medical report. It is unacceptable, for example, to work as a driver for a person with heart failure or a high degree complicated myopia.

Dismissal for non-fulfillment of labor duties

Both the Russian Labor Code and the Ukrainian Labor Code are strict with lazy people and slobs.

Under the article, you can be fired if you are without any good reasons do not fulfill your labor duties (why you do not do this is already on your conscience).

But one-time negligence cannot be so severely punished. The systematic (as formulated in the article of the Labor Code - "repeated") non-fulfillment of one's duties will lead to dismissal. Moreover, a disciplinary sanction must already be imposed for this.

Such a penalty implies a remark or a reprimand, depending on the severity of the offense. It can be applied within a month from the moment of discovery.

Moreover, the employee must provide a written convincing explanation of his guilt within two days. A disciplinary sanction is issued by order (instruction) and provided to the offender for review against signature.

If you consider the punishment undeserved, you have the right to appeal it by contacting state inspection labor or to the commission that deals with the consideration of individual labor disputes.

Dismissal for a single violation

There are such gross violations work duties, having performed which even once, the employee runs the risk of being fired.

What kind of transgressions are these? It is useful for everyone to know what to do in no case:

• truant;

• appear in the service (both at their workplace, and in general on the territory of an organization or enterprise), being in a state of alcoholic, narcotic, and toxic intoxication;

• disclose secrets protected by law (from official and commercial to state);

• commit embezzlement and theft (small ones are also considered) of property, intentionally destroy and damage it;

• violate the rules of labor protection, which entailed serious consequences (accident, accident) or create a real threat of dangerous consequences.

Dismissal under the article for absenteeism

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Exist various situations when dismissal under the article is inevitable. There is no such official term in legal science. Current legislature Russia provides for special provisions and reasons for which an employee may lose his job. Read more about how to dismiss under the article.

Reasons for dismissal under the article

What can they get fired for? contains a detailed list of reasons for termination employment contract with an employee at the request of the authorities:

1. Cancellation of an enterprise or the abolition of the activities of an individual entrepreneur.
2. Reducing the staff of the organization.
3. Unsuitability of an employee due to limited knowledge, experience, education.
4. Change of company owner.
5. Regular mistakes and shortcomings of the employee.
6. A single case of non-compliance with the rules in the workplace: absenteeism; appearance in a state of alcoholic or other drug intoxication; theft; violation of safety regulations that poses a threat to the life or health of personnel or has brought serious consequences; disclosure of trade secrets of the organization.
7. A well-known immoral act, the action of an employee of the educational or educational sphere;
8. Irrational use of finances, property of the company, lack of funds;
9. Gross violation of a senior employee, use of official position;
10. Provision by an employee of false personal documents, diplomas, medical reports.

There are a number of reasons listed in individually for a specific employment contract.

Dismissal procedure

Each paragraph of Article 81 of the Labor Code of the Russian Federation has its own characteristics. individual case suggests own order layoffs under:

• P. 1- if the organization ceases to exist, the director is obliged to notify the staff of the dismissal at least 14 days before the closing of the activity. possible rupture labor agreement before the specified time written consent worker. Also on the last working day, the director must pay a severance pay in the amount of the average monthly wages.
• P. 2- when reducing the production staff, the previous order is preserved, but if possible, alternative vacancies should be offered.
• P. 3- the lack of the necessary specialty or skill may serve as a reason for dismissal under the article. But the procedure obliges management to first conduct an attestation check of the employee or offer a suitable one. professional level position.
• P. 4- when changing the owner of the enterprise, the new owner has the right to dismiss only the management staff. It includes the CEO of the company, his deputy and Chief Accountant.
• P. 5- systematic violations of the employee require mandatory written assurance. The first offense obliges to write an explanatory note. Possible penalties for the employee. Repeated errors committed within a maximum of 1 year after the previous one are punishable by a dismissal order.
• P. 6- a one-time violation should be officially recorded by the authorities with the help of an explanatory statement. It is served within two days. With a negative decision of the management, severance pay or other vacancies are not available to the dismissed person.
• P. 7 Loss of confidence is most common among accounting and cash departments. In the presence of written evidence, the employee is subject to dismissal under article.
• P. 8- This category includes specialists from educational or educational institutions who exhibit immoral behavior. Gossip, rumors, speculation are not considered evidence.
• P. 9- extra expenses, losses, irrational use of the organization's funds is punishable by dismissal without benefits.
• P. 10- gross mistakes of the authorities entail a demotion, salary or dismissal with a two-week warning.

How to get an explanatory note

In most cases, under Art. 81 of the Labor Code of the Russian Federation, a written explanation of the misconduct is required.

The application is submitted to the management for consideration within two working days.

Rules for writing an explanatory note:

• strictly business style without jargon and local dialect;
• a short but clear and truthful description in the first person;
• must be signed and dated.

To find out how to get an explanatory note, you need to contact personnel service company or director.

There are several options for obtaining an explanatory note:

• a printed application form of a specific company;
• free form, handwritten;
• form downloaded from the Internet.

How to fill out an explanatory note:

1. The header indicates the full name. director, name of the organization;
2. Full name, position, division are entered below;
3. The title of the document and the reason for the explanation are written in the center;
4. Next, a detailed but brief account of the violation and the reasons that contributed to it is recorded;
5. Below is placed personal signature with initials and date of completion.

In the case of a positive decision of the boss regarding the employee, the note is stitched to the personal file.

Dismissal order

A dismissal order is an official document that implies the termination of an employment contract at the initiative of the director.

The order is issued on the last working day simultaneously with the cash settlement - salary, compensation, allowance.

The legislation of the Russian Federation requires the correct filling of the order in order to avoid further problems between the employee and the manager.

The order must specify:

• number and date of signing of the labor agreement;
• date of termination of the contract;
• personal data of the employee, his personnel number, position, division;
• the number of the article on the basis of which the agreement is terminated (Article 81 of the Labor Code of the Russian Federation);
• reason for dismissal (clause 81 of the Labor Code of the Russian Federation);
• date, signatures of the director, employee.

Is it possible to avoid dismissal under the article?

The legislation of the Russian Federation provides for some opportunities to avoid dismissal. First of all, this concerns preferential social groups population:

1. Pregnant women, women on maternity leave - a break in cooperation is possible in the event of the liquidation of the organization, forged documents or theft. In other situations, Art. 261 of the Labor Code of the Russian Federation, which guarantees social security.
2. Single mothers - if there is a child under 14 years of art. 261 of the Labor Code of the Russian Federation protects single mothers from being deprived of their jobs.
3. Disabled people - it is possible to avoid dismissal by switching to another vacancy. This does not apply to people who regularly violate the company's charter by stealing.

How to avoid being fired for:

• professional unsuitability - to take refresher courses, retake certification;
• a single misconduct - write a credible explanatory statement;
• appearance in an intoxicated state - termination of an employment contract is impossible in the absence of an official medical examination;

You will need

• - labor Code RF;
• - consultation of an experienced personnel officer;
• - Labour Inspectorate;
• - reports on work, testimonies of colleagues.

Instruction

First you need to figure out how a dismissal can be issued in general. The wording, laws, articles are different, and there are nuances. So, you can be fired "by", "by agreement of the parties", "due to staff reduction", "due to the liquidation of the enterprise", "under Article 81 of the Labor Code". Each of these cases has its own subtleties.

If you are offered to quit at will, the employer expects to get rid of you with little blood, that is, not to pay you what you are owed. "Dismissal of one's own free will" is a wording that suits all employers without exception. Still, they pay exactly as much as you work out when you quit. If the employee does not want to sign the application, he may be offered "dismissal under the article."

If you intend to, offer the employer a dismissal "by agreement of the parties" and write down your conditions in the agreement. In a conversation, you can hint that you know how difficult it is to fire a person "under the article", and what weighty evidence your employer should have. It's great if you belong to a privileged category of citizens: you are pregnant, you are raising a child alone, or if you are a mother of many children. Then it's almost impossible to fire you.

If the employer does not agree to these conditions, you should remember if there were any violations and miscalculations in your work history over the past month or two. What you should pay special attention to: you should not be late, the absence should be documented accordingly, the performance of duties should clearly comply with the employment contract you signed. Do not sign papers without looking; when sending on a business trip, get a travel certificate.

If you are fired due to a reduction in staff (clause 2 of article 81 of the Labor Code of the Russian Federation), then you have nothing to worry about. Your employer must give you advance notice of the termination, offer you another job, identify beneficiaries, report the reduction to the employment service, and pay you a severance pay of several salaries upon termination.

If they want to fire you due to the liquidation of the enterprise, you must also be warned about this no later than 2 months before the dismissal. You have every right to quit early, having received the salary for these same 2 months in your pocket.

The most pleasant way for you is dismissal by agreement of the parties. Dismissal by agreement of the parties occurs in accordance with Article 77 of the Labor Code of the Russian Federation, paragraph 1. Upon dismissal, you receive monetary compensation. The amount of this compensation will be limited by your mutual agreement with the employer. There is a written agreement that states when you will be fired and how much money you can receive.

If you are threatened with dismissal under Article 81 of the Labor Code of the Russian Federation, do not be alarmed ahead of time. You can be fired when the owner of the enterprise changes (Article 81, paragraph 4), if you are the general director, deputy CEO or chief accountant. You may be fired for inconsistency with your position (Article 81, paragraph 3). Then for you must collect attestation commission, which will come up with a test task for you. Even if you can't handle it, they can't fire you right away. You should be offered another position in this organization.

If you are threatened with dismissal under paragraph 5 of Article 81 of the Labor Code of the Russian Federation, then you regularly do not fulfill your labor duties. Remember, in order to get fired, the violations must be regular and without good reason. In addition, you must have formal disciplinary actions.

You may also be threatened with dismissal for absenteeism or being late under paragraph 6 of Article 81 of the Labor Code of the Russian Federation. But this is possible only if you did not submit any documents why you were absent. It is also not recommended to be late regularly, but no one can fire you for one delay of less than 4 hours. More exotic articles for which you can be fired are "Theft and embezzlement" and "Loss of confidence." They are associated with documented violations of financial responsible persons or with violations committed under the influence of alcohol or drugs.

Even if you are still fired, you have every right to continue the fight. Within a month of being fired, you can sue your employer. You also need to contact the labor inspectorate and make sure that upon dismissal you receive a work book with a record of dismissal, a dismissal order and orders to impose penalties (if any).

note

1. If you did not come to work, be sure to confirm the validity of the reason for the absence.

2. Review your employment contract and job descriptions once again.

3. Don't be afraid to stand up for your rights.

Useful advice

If you feel the clouds are gathering, document your every step and decision.
- Avoid disciplinary action.
- Eliminate delays.

Sources:

• How to properly dismiss an employee?

It's always frustrating to lose a job. And it doesn't matter why it happened. Someone gets laid off, someone is fired for some kind of professional or job inconsistency, someone applies for resignation himself. But time passes, and the search for another job begins.

You will need

• - summary;
• - transmittal letter

Instruction

Resist the temptation to feel sorry for yourself all the time. And don't let the guilt of losing your job get the better of you. It happens to almost everyone. Even if you are not the fact that this is always a fair decision on the part of the authorities. But let such thoughts remain in your head for only a short time. It's already in the past. The next step is to find a new location. This event should be taken very seriously. Simply put, the search for a new job itself needs to be turned into a kind of work.

Think about priorities and areas of desired work. You may need to broaden your search beyond just the profile of your previous specialty. Based on your experience, education, . If you cannot find permanent job, a good way out is to get a temporary job.

Prepare . If you have never compiled one, seek help from experts or look at samples posted on the Internet. A well-written resume that reflects all your professional skills can be a decisive factor in getting hired. new position. If possible, take a cover letter or references from a previous job. You can negotiate and recommend you as a specialist if the need arises.

Look for work through job exchanges, job papers, Internet sites, employment services, and also take advantage of personal connections and acquaintances. In the event that it drags on, do not waste time: try to learn something new. Go to study and comprehend the basics of another specialty.

If you have been fired for any kind of misconduct or misconduct, this may adversely affect your new job application. But at the interview you can explain in more detail the reasons for the situation. You shouldn't talk about it beforehand. It is quite possible that it is in a new job that you will be able to show all your talents and abilities.

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due to inconsistency with the position held, do not self-flagellate, analyze your work in the organization, you may have been lazy a lot, wasting your time, treated your work carelessly. Understand the reasons that caused such an attitude to work, perhaps you have chosen an inappropriate field of activity for yourself, or you were not satisfied with the organization of work in the company. Keep this in mind when looking for a job, ask questions that interest you immediately at the interview so that the next time the situation does not happen again. If you do not agree with the reason for which you were fired, go to court. But the employer cannot fire you without good reason. After the dismissal, rest for a few days, put your thoughts in order. If possible, contact to better understand yourself. As soon as you have a rest, start looking for a new job: write a resume, post it on job sites, study the labor market, respond to vacancies that interest you. Perhaps dismissal from your current job will serve as an impetus to radically change your field of activity, take care of your health or business. It is very important in such a situation not to withdraw into oneself, but to choose a goal and gradually achieve it.