In what cases is it possible to terminate an employment contract at the initiative of the employer?
Most of the employment relationship between the employee and the employer is completed on the initiative of the first. At the same time, the application for dismissal is not always written voluntarily, it is just that the parties agree on this method of ending their relationship. After all, employees usually do not want a record to appear in their employment record that an employment contract was terminated at the initiative of the employer.
The most common reasons for dismissal
Legislation - the Labor Code of the Russian Federation - provides a list of cases in which an employee can be removed from office without his consent. Contrary to popular belief, this happens not only in situations where the boss is dissatisfied with the work of a subordinate.So, termination of the contract at the initiative of the employer is possible in cases independent of the behavior of employees:
- organization or entrepreneur officially stop their activities;
- there are reductions in the staff;
- there was a change of ownership of the organization’s property (only deputies, the head and the chief accountant can be dismissed).
But there are cases when the dismissal is due to the failure to perform direct duties or a number of violations. The termination of the employment contract at the initiative of the employer without the consent of the employee is possible with:
- non-compliance of the employee’s health status with the position held (which must be confirmed by a certificate) or due to his insufficient qualifications (fixed in the results of certification);
- failure to fulfill labor duties (violation must be repeated, each fact must be documented);
- a single gross violation (absence at work without a valid reason for more than 4 hours in a row, appearing at the enterprise in a state of drug or alcohol intoxication, disclosure of protected secrets, theft, embezzlement, intentional damage to property, violation of labor protection, provision of false data).
Dismissal of management and employees with access to state secrets
The termination of an employment contract at the initiative of the employer can occur not only with ordinary workers, but managers can also be dismissed from their position without consent. In situations where a manager, his deputies or an accountant made a decision, as a result of which the integrity of the property of the enterprise was damaged, labor duties were grossly violated, these employees could be dismissed. Also, the law stipulates the termination of the employment contract at the initiative of the employer with those who, by occupation, had access to state secrets, but lost the right of access to them.
If an employee has just got a job, then, as a rule, he is given time to prove himself, he has the opportunity to show all his abilities. But managers are not always satisfied with the work of new subordinates. In this case, they may initiate termination of the employment contract on probation. The main thing is to have time to do this at the time when the employee’s check-up period has not ended, and it is imperative to warn him about this in 3 days. It is worth noting that such a decision of the employer may be challenged in court.