Dismissal under the article: for what you can lose your job

What is a dismissal under the article

If we approach the issue formally, then any termination of an employment contract occurs on the basis of one or another article of the Labor Code. That is, any dismissal can be called a dismissal under the article. But traditionally, this phrase means termination employment contract at the initiative of the employer in accordance with with article 81 TK RF.

In general, according to Russian law, it is not so easy to dismiss a person without his consent. To do this, he must commit a serious act or do something that the management will very much want to get rid of him. So the prospect of getting in work book a record of dismissal under article 81 and scares. It will be clear to the next employers that the person did not leave himself, but was “asked”.

In order not to encounter this, it is important to know the common reasons why an employee may lose his job.

What can be fired for

The employer may invoke Article 81 of the Labor Code in the following cases.

If an employee is absent

The absence of an employee from the workplace for more than four hours without a good reason may be grounds for dismissal. But here everything is not easy - especially for the employer.

“Without a good reason” is an extremely important criterion. If a person did not come to the office or hurriedly left it in the middle of the working day, this is still not enough. The employer must demand written explanations before dismissal. If it turns out that a chronic illness suddenly worsened in an employee, one of the relatives got into trouble, or a battery burst in the apartment, you won’t be able to say goodbye to him.

The main nuance is that there is no list of good reasons. This remains at the discretion of the employer, and then the court if the employee considers his dismissal illegal and decides to challenge it.

So layoffs absenteeism it is easy to avoid if you do not skip work just like that, and confirm good reasons with documents - certificates, acts, and so on.

If the employee came to work in a state of intoxication

In this case, there are no nuances. If a person has used alcohol, drugs or other substances that led to intoxication, he will be fired under the article. Moreover, it is enough to break this rule once to be left without work.

If the employee does not fit the position

Dismissing an employee on this basis is a task with an asterisk for the employer. You won’t be able to say: “You don’t take something out, so for now!” The company must hold a meeting of the attestation commission, which will make an appropriate decision. Moreover, it should be based on objective factors - the availability of education, skills, and so on. Otherwise, the employee will then go to court and challenge everything.

Employers rarely take this step. But in order not to get fired, it is worth improving your skills. For example, if a person refuses to learn new programs necessary for successful work, questions may arise for him.

By the way, even if the employee has not passed the certification, he must first be offered a position suitable for his skills. If he does not agree or vacancies If it doesn't, then you'll have to say goodbye.

If an employee fails to comply

An important condition here is the repeated violation. At the same time, the employee must have an “outstanding” disciplinary sanction.

Dereliction of duty counts violation of the law, obligations of the employment contract, job descriptions, internal regulations. In general, here it is necessary to focus on official documents. For example, if the start of the working day is fixed, repeated lateness may be grounds for dismissal..

If an employee divulged a legally protected secret

We are talking about commercial, official, state secrets. It is important to understand that information does not become secret on its own. So, for the protection of some commercial data, the employer must draw up, and the employee must sign a non-disclosure agreement. Moreover, it necessarily prescribes what kind of information cannot be taken out of the company.

If an employee is caught stealing

Theft, embezzlement, damage or destruction of property are grounds for dismissal. But only if there is a court decision or a protocol on an administrative offense.

If an employee has lost confidence

This applies to workers who have direct access to money or goods. But, again, it is not enough for the authorities to simply suspect that some kind of fraud is being carried out behind their backs. An internal investigation should be carried out, as a result of which a decision on dismissal is made. At the same time, the fact of any violations - for example, the sale of goods past the checkout - must be proven.

If an employee grossly violates labor protection rules

And at the same time, because of his actions, something terrible happened - an accident or an accident. However, if there is good reason to believe that the trouble could have occurred through the fault of a person, he can also be fired.

If it turns out that the employee brought false documents during employment

Everything is simple here: you need to bring a real diploma, TIN and other papers to the personnel department. Starting work with deceit is fraught with dismissal.

If the teacher has committed an immoral act

This paragraph applies only to employees who perform educational functions. And he is very disappointing. The legislation does not provide what actions may be considered immoral. Sometimes it's just a photo from the beach or a party. So it is the most difficult for teachers in this regard.