The most common reasons for dismissal are the failure of the employee to fulfill his job duties and violations of labor discipline. But there are times when the employer unlawfully presents the grounds for dismissal. In this case, the employee needs to know how to protect himself from illegal dismissal.
Instructions
Step 1
Absenteeism
According to the Labor Code of the Russian Federation, absenteeism is the absence of an employee all day or more than 4 hours in a row at the workplace without good reason. Therefore, in order to protect yourself from illegal dismissal, you must have documentary evidence of absence from work. For example, it can be a certificate from the railway station about the detention of a train. If, with this confirmation, the employer still considers your reason to be disrespectful, then he has the right to impose disciplinary action on you, to make a reprimand or reprimand, but not to fire. It should also be borne in mind that being late due to traffic jams is not a valid reason.
Step 2
Malfunctioning or poor performance
In accordance with article 81 of the Labor Code of the Russian Federation, the employer has the right to terminate the contract when the employee repeatedly fails to fulfill his labor duties without good reason. However, an important condition here is that disciplinary action has already been imposed on this employee.
Consequently, the grounds for dismissal may be a violation of the execution of job descriptions, labor regulations or other internal documents of the organization. All new items related to work must be spelled out in a supplementary agreement to the employment contract. When there are no such points, then the employee's refusal to perform work that is not included in the employment contract or job description cannot be a violation of discipline.
Step 3
Failure to pass the probationary period due to poor results (Article 71 of the Labor Code of the Russian Federation).
However, there are some exceptions here, too, when:
- a probationary period is not spelled out in the employment contract, or it is established, but to the preferential category of employees;
- the employee was elected by competition;
- a woman has children under the age of 1, 5 years or is pregnant;
- a young specialist started work within the first year after graduation from an educational institution with state accreditation;
- the employee has entered into an employment contract for a short period (no more than two months), and dismissal is impossible - for other reasons specified in the Labor Code of the Russian Federation.
