How is termination of an employment contract initiated by the employer?
The procedure and grounds for dismissing an employee on the initiative of the employer are strictly regulated by labor laws. An official does not have the right to dismiss an employee on grounds not provided for by the Labor Code of the Russian Federation. The list of relevant conditions is presented in article 81 of the LC RF. In this case, the grounds for dismissal may affect both all employees and their specific categories.
According to the second paragraph of the designated article of the Labor Code of the Russian Federation, dismissal on the initiative of the employer is allowed in the following cases:
- If necessary, the actual and actual reduction of staff (number) of employees.
- If the dismissal of a particular employee is in the interests of production.
- In the absence of the possibility of transferring the dismissed employee to another job, or the employee refuses the proposed position.
- In the absence of the dismissed employee's preemptive right to save the workplace in comparison with other employees with the same qualifications and productivity.
- According to the motivated opinion of the current trade union body (if the employee is a member of this trade union organization).
- By agreement between the employee and the employer and on the basis of a written notice (application) of the impending dismissal no later than two months before it.
Reduction of staff or number of employees is made exclusively in accordance with the order of the head of the organization on amending staffing and other constituent documentation. At the same time, an official has the right to dismiss an employee only after offering him a transfer to another workplace (a written form is handed in).
The notice of transfer to another position must contain detailed information about the proposed duties, place and mode of operation. If there are several additional workplaces, the employer is obliged to notify the reduced employee about all of them. The employee has the right to refuse in writing from the proposed replacement of the current place of work,what is the reason for his termination of the employment contract by order of the head.
In the case of a reduction in staff or number, the pre-emptive right to preserve the workplace is granted, first of all, to workers with higher qualifications and productivity. If several employees meet these requirements at once, the manager has the right to give preference to family citizens with two or more dependents (disabled family members who are fully supported by the employee, that is, provides permanent and basic livelihoods). In addition, the advantage is given to persons who have received an occupational disease or labor injury at the current workplace.
The employer (personally or through staff) must notify the employee in writing of the impending dismissal of staff redundancy or number at least 60 days before it. In case of violation of the relevant terms or other conditions dictated by the legislation, the employee has the right to insist on retaining the current workplace. In case of agreement with the management's requirements, the employee remains in his position until the replacement is found and all salary due is paid,but not longer than two months.
If the organization has a valid trade union body, the employer must also inform him in writing about the decision to reduce the number or staff. The corresponding notification is sent two months before the planned action. In the event of the need for a massive dismissal of employees, the trade union body must be notified no later than three months before.
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