What are the general grounds for terminating an employment contract. General grounds for termination of an employment contract. Dismissal of a long-term absent employee

The law regulates in detail the termination of an employment contract at the initiative of the employer. The fact is that it is in this matter that the employee is the least protected, and the field of possible abuse for the employer is wide, as in no other area of ​​labor relations. Therefore, the intervention of the law in this matter is quite justified.

Dismissal - strictly according to the law

The employer and the employee are parties to an employment contract, that is, an agreement of the parties on the establishment of labor relations between them.

The right of the employer to conclude, amend and terminate (or terminate, which is the same thing) employment contracts in the manner and under the conditions established by the Labor Code of the Russian Federation is enshrined in its Art. 22.

It corresponds to the same right of the employee (Article 21 of the Labor Code).

This means that the employer cannot arbitrarily dismiss an employee on his own initiative, there must be legal grounds for this. Compliance with the procedure for terminating an employment contract at the initiative of the employer is also a necessary condition for its legality.

Grounds for dismissal

Dismissal for wrongdoing

The fact of theft, embezzlement or deliberate destruction must be established by a judicial act (sentence, decision), which has entered into force.

The falsity of the document submitted by the employee must be properly established and recorded (for example, by a special examination).

Conditions for terminating an employment contract at the initiative of the employer

Each group of grounds has its own order and procedure for dismissal, enshrined in law. Their non-compliance may lead to the reinstatement of the employee at work and the administrative responsibility of the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

But there are also general conditions: an employee dismissed at the initiative of the employer should not be on vacation or on sick leave at this time (except in cases of liquidation of the organization or termination of the activity of the individual entrepreneur).

The dismissal of an employee during such periods is prohibited by Part 6 of Art. 81 of the Labor Code of the Russian Federation. Neglecting this rule can also cost the employer dearly.

All the grounds for termination of an employment contract listed in the article at the initiative of the employer apply to both fixed-term and open-ended contracts .

In accordance with the Labor Code of the Russian Federation, the general grounds for termination of an employment contract are as follows.

1. Agreement of the parties (paragraph 1 of the first part of Article 77, Article 78).

This basis reflects the contractual nature of labor. According to it, an employment contract (both fixed-term and concluded for an indefinite period) can be terminated at any time, but the mutual will of the parties is necessary to terminate the contract. Upon reaching an agreement between the employee and the employer, the employment contract is terminated at the time specified by the parties. Cancellation of such an agreement is possible only with a new mutual consent of the employee and the employer.

Thus, if before the termination of the employment relationship, the employee or the employer declares their unilateral refusal to terminate the employment contract on the basis under consideration, such a refusal means the absence of the consent of the parties and the employment contract cannot be terminated on the basis under consideration (paragraph 20 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 7, 2004 No. 2). However, this does not exclude the possibility of dismissal of the employee at his own request or, if there are grounds for this, at the initiative of the employer.

2. Expiration of the employment contract , except in cases where the employment relationship actually continues and none of the parties has demanded its termination (paragraph 2 of the first part of Article 77).

In accordance with Article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon its expiration. The employee must be notified of this in writing at least three calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires

3. Termination of the employment contract at the initiative of the employee (paragraph 3 of the first part of Article 77, Article 80).

4. Termination of the employment contract at the initiative of the employer (paragraph 4 of the first part of Article 77, Articles 71, 81).

5. Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective position (clause 5 of the first part of Article 77).

This ground is applied when there is a clear written will of three subjects: the employer (his representative) inviting to work; the employee himself, moving from one place of work to another in the order of transfer, and the former employer, releasing the employee in the order of transfer to another employer. At the same time, at a new place, an employee cannot be refused employment.

In case of transfer to an elective position, a document confirming the election of an employee to an elective position freed from production or other work is required.

6. Refusal of the employee to continue work in connection with the change of the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (paragraph 6 of the first part of Article 77, Article 75).

7. Refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (paragraph 7 of the first part of Article 77, Article 73).

Dismissal on this basis may follow if, due to a change in organizational or technological working conditions, the employee did not agree to work in the new conditions.

8. An employee's refusal to transfer to another job, which he needs in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job by the employer (clause 8 of the first part of Article 77, parts three and fourth article 73).

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated.

9. Refusal of the employee to transfer to work in another area together with the employer (part one of Article 72).

On this basis, only those employees who are offered by the employer to move with them can be dismissed. The rest of the employees are dismissed under paragraph 1 of Article 81 of the Labor Code of the Russian Federation - in connection with the liquidation of the organization in the area. A dismissed employee is paid a severance pay in the amount of two weeks of average earnings.

10. Circumstances beyond the control of the parties (Item 10 of the first part of Article 77, Article 83).

11. Violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (paragraph 11 of the first part of Article 77, Article 84).

The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.

On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. It should contain a link to the relevant article, part or paragraph of the article of the legislative act.

The Labor Code provides for a number of grounds for termination of an employment contract, which are referred to in article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article, we will look at exactly how the termination of an employment contract can occur.

General order

According to the Labor Code, when terminating an employment contract, an order or instruction from the employer must be issued, with which the employee must be familiarized by signature. If the employee refuses to sign the document, a corresponding entry is made on the order. A copy of the order or order, at the request of the employee, can be issued to him in his hands.

In any case, the day of termination of the employment contract is the last working day of the employee (with the exception of cases when the employee did not actually work, but his job was retained).

The employer is obliged to make an entry in the work book in full accordance with the Labor Code. This means that the wording must necessarily indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to give the employee a work book and full payment. If the employee did not appear for the documents, a notification should be sent to him about the need to receive a work book. If an employee who has not received a book on time requests that it be given to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal is significantly different from dismissal of one's own free will. For example, if an employee, after being fired, registers as unemployed, the allowance will be determined for him not on the basis of the minimum wage, as for the one who was dismissed of his own free will, but on the basis of the official salary at the last place of work.

The agreement on termination of the employment contract is concluded in writing and, in fact, is an additional agreement that is attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by a human resources inspector or other authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of the employment contract, or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee works under a fixed-term employment contract, then three days before the deadline for its expiration - the actual dismissal - the employer must notify the employee in writing. This means that the employee must be given or mailed a notice of termination of the employment contract. A fixed term contract can be:

• to perform the duties of a temporarily absent employee (such an agreement must be terminated simultaneously with the release of this employee to his place of work);
• for the duration of a certain work (such an agreement is terminated upon completion of the work specified in it);
• contract for the performance of seasonal work (such an contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such an agreement is extended until she has the right to maternity leave.

If an employee working under a fixed-term contract wants to quit of his own free will, then he must submit an application addressed to the manager (that is, notify him) three days before the date of dismissal.

Termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than a dismissal of one's own free will. The employee has the right to apply for resignation of his own free will at any time, at least two weeks before the date of dismissal, and the head of the organization - one month before. The reason for such dismissal may be any personal circumstances. But if the employee quits due to:

• with admission to an educational institution;
• retirement;
• moving to another area;
• due to violations of labor laws by the employer;
• he has the right to be fired without work.

During the working time, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless quits, then on the last working day the employer is obliged to pay the employee in full, paying him the wages due, compensation, vacation pay, and also issue all the necessary documents and a work book.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer did not calculate it on time and did not issue documents, is considered to continue working, and his application for dismissal is recognized as invalid.

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like the employee, has the right to terminate the employment contract on his own initiative. Grounds for termination may be general or additional. The general ones apply to all employment contracts, and the additional ones apply to employment contracts for certain categories of employees. Termination of an employment contract on general grounds can occur in several cases:

• upon liquidation of the enterprise;
• when reducing the staff or number of employees;
• due to the inconsistency of the employee with the position held (due to low qualification, which is confirmed by attestation documents, for health reasons - confirmed by a medical report);
• due to a gross single violation by the employee of labor duties (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
• due to repeated non-fulfillment of labor duties (if the employee already has disciplinary sanctions);
• committing theft, embezzlement, deliberate destruction and damage to property;
• violations of labor protection requirements that caused an accident, accident, catastrophe or created a real threat to them;
• for committing immoral acts (for teachers);
• in case of loss of confidence (for financial workers);
• for making unreasonable decisions that led to the misuse of property (for managers, deputy heads, chief accountants);
• for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that the appearance at work in a state of intoxication must be recorded by an act confirming the presence of the employee at the workplace, and a medical report.

An employer cannot dismiss an employee who is on sick leave or vacation (an exception is the liquidation of an enterprise).

If the employer is an individual entrepreneur, then upon termination of his activity, he may terminate employment contracts with his employees. In this case, the basis for terminating the employment contract will be an extract from the USRIP.

Additional grounds for terminating an employment contract

Termination of the employment contract by the employer is also possible on additional grounds, which are stipulated in other regulations. For example, pedagogical workers can be fired for using inappropriate methods of education (these include physical or psychological violence) or violating the Charter of an educational institution (Federal Law “On Education”), and civil servants for disclosing information constituting a state secret or engaging in entrepreneurial activity (FZ "On Public Service").

With whom it is impossible to terminate the employment contract at the initiative of the employer?

• pregnant women;
• women who have children under three years of age;
• single mothers who have children under the age of 14 or have a disabled child under 18;
• other persons who are raising children without a mother.

Dismissal in the order of transfer

Such a dismissal can only be made if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this may be a letter of guarantee or a signed application for employment). If we are talking about election to any elective position, then the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such a dismissal is possible if there has been a change in the ownership of the organization's property, a reorganization or a change in the jurisdiction of the institution. In this case, the employee simply submits a letter of resignation. This rule does not apply to the chief accountant, head and his deputy. An employment contract with them can be terminated at the initiative of the new owner of the organization's property within three months after the property rights arise for him.

Dismissal of an employee due to a change in essential working conditions

In practice, situations often arise when, when organizational or technological working conditions change, the terms of the employment contract also change, but without a fundamental change in the labor function. The employee must be notified of such changes in writing two months prior to their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work in the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions can lead to mass layoffs. In these cases, part-time work is possible, which can be introduced in agreement with the trade union for up to six months. If the employee refuses to work in the new conditions, then the termination of the contract occurs in accordance with Article 81 of the Labor Code of the Russian Federation.

Dismissal for health reasons

The employee has the right to apply for other work in accordance with his state of health, which must be confirmed by medical documents. But if the organization does not have a suitable job or the employee refuses to transfer, then the termination of the employment contract occurs in accordance with article 77, clause 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee's statement about his transfer to another job and documents confirming the absence of a suitable job (or the employee's refusal to transfer to a specific job).

Termination of the employment contract in connection with the relocation of the employer to another locality

It happens that the owner of the enterprise transfers production to another area. In this case, the employer is obliged to notify the employees in writing about the transfer of production, and upon receipt of a refusal to transfer together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for terminating an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

• conscription;
• reinstatement of the former employee (by court order or decision of the labor inspectorate);
• the inability to transfer to another job at the request of the employee;
• non-election to office;
• recognition of an employee as disabled according to medical documents;
• condemnation of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
• the death of an employee or his unknown absence;
• emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by the decision of the Government of the Russian Federation.

The procedure for terminating the employment contract in this case requires the provision of documentary evidence of the occurrence of circumstances, and then, on the basis of the documents submitted (summon from the military registration and enlistment office, death certificate, court decision, medical report, etc.), an order is issued to terminate the employment contract.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes the labor inspectorate reveals violations that were made when concluding an employment contract. Such contracts must be terminated by law. The reasons can be very different, for example:

• the contract was concluded with an employee who, by a court decision, is prohibited from holding this position or performing specific work (in this case, the employee must first be offered another job in writing, and if he refuses, terminate the employment contract with him);
• the contract was concluded for the performance of work that is contraindicated for the employee for health reasons (there must be a medical certificate);
• the contract was concluded with an employee without specialized education (if, in accordance with regulatory enactments, the position or type of work performed by the employee requires special education of a certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee a severance pay in the amount of average earnings. The exception is the situation when the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (provision of false documents).

Peculiarities of termination of an employment contract with foreign citizens

If the employer cooperated with a foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

An employment contract is a legal document that defines the relationship between the parties to the agreement - the employee and the employer. This document establishes certain guarantees for the employee, as well as the powers of the employer. The contract specifies all working conditions, wages, rights and obligations of the parties.

The conclusion and termination of an employment contract is carried out in writing or orally, in accordance with the requirements of the law. Termination of an employment contract can occur for a number of different reasons. The procedure for terminating an employment contract is provided for by law, and the concept of its termination includes the termination of the contract at the initiative of the parties.

Grounds for termination of an employment contract

The legislation clearly indicates all the reasons why the termination and amendment of the employment contract may occur. These include:

• agreement of both parties;
• expiration of the contract;
• admission or conscription of an employee to military (or alternative) service;
• termination of the contract at the initiative of the parties - the employee or the employer;
• termination of the contract at the initiative of third parties (trade unions, parents or guardians in cases of working with minors);
• transfer of an employee to another enterprise or institution, to an elective position;
• refusal of the employee to transfer him to another locality or to work with other working conditions;
• entry into force of a court decision, sentencing, sentencing to imprisonment;
• grounds specified and provided for in the contract.

Let's dwell on the main, most common reasons for the termination of an employment contract.

Termination of a fixed-term employment contract

The termination of an employment contract with a fixed term of its validity is considered the end of this period. Notice of termination of such an employment contract must be provided to the employee at least three days before the dismissal. An exception may be the expiration of the contract concluded for the duration of the performance of duties for another employee. In this case, the contract expires from the moment the employee enters the workplace. The contract concluded for the season, that is, with seasonal workers, becomes invalid at the end of the season. The contract for the performance of certain work is terminated when the work is completed. Early termination of a fixed-term employment contract may occur by agreement of the parties or on the initiative of one of them.

Agreement on the termination of the employment contract

An employment contract may also be terminated by agreement of the parties that concluded it. The date of the order to terminate the employment contract is discussed and agreed in advance. In such a case, the employee is not required to notify the employer of dismissal 2 weeks in advance. However, in order to indicate such a reason for terminating the contract, the consent of the employer is required, and the reason must also be indicated in the employee's application for termination of the employment contract.

The termination of the employment contract with a part-time job occurs for the same reasons as for the main employee, and also has one additional reason - the employment of an employee in his place, for whom this work will be the main one.

Termination of an employment contract at the initiative of one of the parties

An employment contract can also be terminated at the initiative of one of the parties, for example, an employee. He has the right to do this at his own request, and at the same time is obliged to write a letter of resignation no later than two weeks before the planned date of dismissal.

Termination of an employment contract at the initiative of the employer may occur in the event of the complete liquidation of an organization or enterprise, a reduction in the number of employees, an employee’s inconsistency with his position, or repeated gross violation of his duties without good reason.

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the term of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and none of the parties has demanded their termination;

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

4) termination of the 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 elective work (position);

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);

9) the employee's refusal to be transferred to work in another locality 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 also be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 78. Termination of an employment contract by agreement of the parties

The employment contract may be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to its expiration at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

An employment contract concluded for the duration of a certain work is terminated upon completion of this work.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the termination notice and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

The employment contract may be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

(Clause 3 as amended by Federal Law No. 90-FZ of June 30, 2006)

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

(clause "b" as amended by the Federal Law of 30.06.2006 N 90-FZ)

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

12) is no longer valid. - Federal Law No. 90-FZ of June 30, 2006;

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

The procedure for conducting certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower paid job) which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

(Part six was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 82

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The provision of part one of Article 82 of this Code, according to which, when making a decision to reduce the number or staff of employees of the organization and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify in writing the elected body of the primary trade union organization no later than two months before the start of the relevant events, in the system of current legal regulation means that the employer, when making the appropriate decision, is obliged to inform the elected body of the primary trade union organization about this in writing no later than two months before the start of termination of employment with employees contracts (determination of the Constitutional Court of 15.01.2008 N 201-O-P).

When deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing no later than two months in advance. before the start of the relevant events, and if the decision to reduce the number or staff of employees may lead to mass layoffs of employees - no later than three months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When carrying out certification, which may serve as a basis for the dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract at the initiative of the employer.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination due to the following circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) non-election to office;

4) condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;

5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as dead or missing;

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

(Clause 8 was introduced by Federal Law No. 90-FZ of June 30, 2006)

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

(Clause 9 was introduced by Federal Law No. 90-FZ of June 30, 2006)

10) termination of access to state secrets, if the work performed requires such access;

(Clause 10 was introduced by Federal Law No. 90-FZ of June 30, 2006)

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work;

(Clause 11 was introduced by Federal Law No. 90-FZ of June 30, 2006)

12) bringing the total number of employees who are foreign citizens or stateless persons into line with the allowable share of such employees established by the Government of the Russian Federation for employers engaged in certain types of economic activity in the territory of the Russian Federation;

(Clause 12 was introduced by Federal Law No. 271-FZ of December 30, 2006)

13) the emergence of restrictions established by this Code, other federal law and excluding the possibility of the employee fulfilling obligations under an employment contract on engaging in certain types of labor activity.

(Clause 13 was introduced by Federal Law No. 387-FZ of December 23, 2010)

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or a job corresponding to the qualifications of the employee, so and a vacant subordinate position or lower-paid job) that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 387-FZ of 23.12.2010)

An employment contract on the grounds provided for by clause 12 of part one of this article shall terminate no later than the expiration of the period established by the Government of the Russian Federation for bringing by employers engaged in certain types of economic activity in the territory of the Russian Federation the total number of employees who are foreign citizens or stateless persons into compliance with the allowable proportion of such workers.

(Part three was introduced by Federal Law No. 271-FZ of December 30, 2006)

Article 84

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

An employment contract is terminated as a result of a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if a violation of these rules excludes the possibility of continuing work, in the following cases:

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 280-FZ of 25.12.2008)

the conclusion of an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code, other federal law;

(paragraph introduced by Federal Law No. 387-FZ of December 23, 2010)

in other cases stipulated by federal laws.

(the paragraph was introduced by Federal Law No. 90-FZ of June 30, 2006)

In the cases provided for by part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) that the employee can perform according to his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

If the violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 84.1. General procedure for processing the termination of an employment contract

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

The termination of the employment contract is formalized by the order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer on the termination of the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the specified order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of the employee's work, except for 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).

On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

An entry in the work book on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of the termination of labor relations upon dismissal of the employee on the grounds provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.