If you get fired, there is always a way out, and more than one. The main thing is to understand what exactly you want to receive upon dismissal, and to push aside emotions, as they greatly interfere with decision-making.
It is necessary
- - Labor Code of the Russian Federation;
- - consultation of an experienced personnel officer;
- - Labour Inspectorate;
- - reports on work, testimonies of colleagues.
First you need to figure out how a dismissal can be formalized in general. The wording, laws, articles are different, and there are nuances. So, you can be dismissed "of your own free will", "by agreement of the parties", "in connection with the reduction of staff", "in connection with 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 resign of your own free will, the employer expects to get rid of you with a little blood, that is, not to pay you what you owe. "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 when you quit. If the employee does not want to sign such a statement, he may be offered "dismissal under the article."
If you intend to fight, offer the employer dismissal "by agreement of the parties" and write down your terms 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 the privileged category of citizens: you are pregnant, you are raising a child alone, or if you are a mother with many children. Then it is 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 in the last month or two. What you should pay special attention to: you should not be late, your absence from work should be documented accordingly, the performance of your duties should clearly correspond to 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 staff reductions (clause 2 of article 81 of the Labor Code of the Russian Federation), then you have nothing to worry about. Your employer must warn you about your dismissal in advance, offer you another job, identify beneficiaries, report the cut to the employment service, and pay you severance pay in the amount of several salaries upon dismissal.
If you want to be dismissed 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 your 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. A written agreement is concluded that states when you will be fired and what monetary compensation 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, clause 4), if you are the general director, deputy general director or chief accountant. You can be fired for inconsistency with your position (Article 81, paragraph 3). Then, for you, an attestation commission should be assembled, which will come up with a test task for you. Even if you do not cope with it, they cannot immediately dismiss you. You should be offered another position in this organization.
If you are threatened with dismissal under clause 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, violations must be regular and for no good reason. In addition, you must have formal disciplinary action.
You may also be threatened with dismissal for absenteeism or lateness under clause 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 could be fired are Theft and Embezzlement and Loss of Trust. They relate to documented violations of the financially responsible persons or to violations committed under the influence of alcohol or drugs.
Even if you were fired, you have every right to continue the fight. Within a month of your dismissal, 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 note of dismissal, a dismissal order and orders to impose penalties (if any).