An employment contract is an official document on the basis of which an employee has the right to work at the current workplace, up to and including dismissal. The latter can be carried out at the initiative of the employer under certain conditions.
The procedure and grounds for dismissing an employee at the initiative of the employer are strictly regulated by labor legislation. 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 Labor Code of the Russian Federation. At the same time, the grounds for dismissal may affect both all employees and their certain categories.
According to the second paragraph of the indicated article of the Labor Code of the Russian Federation, dismissal at the initiative of the employer is allowed in the following cases:
- If necessary, the actual and actual reduction of the staff (number) of employees.
- If the dismissal of a specific employee is made in the interests of production.
- In the absence of the possibility of transferring the dismissed employee to another workplace, or the employee refuses the proposed position.
- If the dismissed employee does not have a preferential right to preserve the workplace in comparison with other employees with the same qualifications and labor productivity.
- According to the reasoned 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 (statement) of the upcoming dismissal no later than two months before it.
Reduction of the staff or the number of employees is carried out exclusively in accordance with the order of the head of the organization to amend the staffing table and other constituent documents. 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 over).
The notice of transfer to another position must contain details of the expected responsibilities, place and mode of work. If there are several additional jobs, the employer is obliged to notify the dismissed employee about all of them. The employee has the right to refuse in writing the proposed replacement of the current place of work, which is the reason for his termination of the employment contract by order of the manager.
In the event of a reduction in staff or number, the priority right to retain a job is given, first of all, to employees with higher qualifications and labor 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 means of subsistence). In addition, preference is given to persons who have received an occupational disease or work injury at the current workplace.
The employer (in person or through the state administration) must notify the employee in writing about the upcoming dismissal due to staff reduction or headcount at least 60 days in advance. In case of violation of the relevant deadlines or other conditions dictated by law, the employee has the right to insist on maintaining his current job. In case of agreement with the requirements of the management, the employee remains in his position until a replacement is found and the payment of all due wages, but not longer than two months.
If the organization has an active trade union body, the employer is also obliged to inform him in writing about the decision to reduce the number or staff of employees. The corresponding notification is sent two months before the planned action. If a mass dismissal of employees is necessary, the trade union body must be notified no later than three months in advance.
