Reliable work gives a person stability in life and a sense of confidence in the future. For most workers, layoffs mean a loss of a source of income and a decline in living standards. In order to resist the illegal actions of an unscrupulous employer, each employee should know for what reasons he may be fired. This will allow, if necessary, to defend their legal rights.
The existing Russian labor legislation provides for a number of grounds for legally dismissing an employee. The history of the development of labor relations shows that the number of such grounds tends to increase. Of course, this state of affairs primarily suits employers. The list of reasons for dismissing employees on the initiative of the administration is exhaustive. This means that there can be no other reasons for dismissals other than those listed in the Labor Code. The exception is provided for only a few categories of workers, for example, heads of enterprises and organizations, who can be dismissed from their posts by agreement of the parties. Reasons for dismissal may be related to specific actions of the employee, suggesting his guilt, and may also have nothing to do with the presence or absence of culpability. The most common reason for dismissal is the fact of repeated failure by an employee to fulfill his job duties in the presence of a disciplinary sanction in force. In this case, the range of responsibilities should be determined by the internal rules of the organization and the employment contract. An example is the absence of an employee from the workplace without a valid reason. An employer can also fire a negligent employee for a one-time violation of duties, for example, for absenteeism, appearance at the workplace in a state of intoxication, disclosure of commercial and official secrets. If an employee grossly violated labor protection requirements, which entailed grave consequences, he may also be dismissed. An employment contract may be legally terminated if it turns out that the employee, when registering, provided deliberately false information about himself, his education, work experience. Of course, in this case, the fault of the employee himself must be proven. According to the results of certification, an employee may be dismissed if it turns out that he does not correspond to the position due to health or lack of qualifications. Unfortunately, such a basis is widely used to dismiss persons who are objectionable to the administration. It is imperative to make sure that the certification is provided for by law and local acts of the enterprise. And, finally, dismissal should not be avoided in the event of the liquidation of the enterprise or the termination of activities by the employer, who is an individual, as well as in case of reduction of the number of employees. In this case, according to the law, the employer is obliged to notify the employees concerned two months in advance against receipt. Remember that the dismissal of an employee for any reason is impossible during vacation or documented inability to work; it will also be illegal to fire pregnant women.
