1 Article 81 of the Labor Code of the Russian Federation. What documents are needed for dismissal under Article 81, Part 6, p. Reason for dismissal of an employee

Any company can at some point cease to exist. According to Article 81 of the Labor Code, the head of an organization may initiate the termination of an employment contract. However, there are some points that the employer must comply with.

Dismissal under Article 81 - Labor Code

Article, which is assigned number 81 in the labor code, states that the employment contract is terminated at the initiative of the employer. According to the labor code, dismissal under Article 81 can be divided into several separate cases. They can affect any employee, regardless of what position he holds. On the one hand, it seems that with the help of this article, the employer can get rid of any employee he does not like. In reality, everything may look completely different. The first paragraph of this article states that an entrepreneur can initiate the termination of an employment contract if the organization ceases its activities. Before terminating the contract, the entrepreneur must follow certain rules. First, he must notify the employee of the upcoming layoff. This must be done at least two weeks before the dismissal date. If the employee agrees, he can be fired before the date of dismissal occurs.

An entrepreneur can fire an employee who is not suitable for the position he occupies. The reason for the reduction may also be the insufficiently high level of qualifications of the employee.

Dismissal due to reduction - Article 81

According to Article 81, when dismissing due to reduction, the employer must take into account the following points:

  • Before an employee is dismissed, he must be offered another position or vacancy;
  • The reduction may occur in accordance with the certification;
  • It is better to establish qualification requirements in advance in the job description.

If the employer offers another vacancy, then it is worth considering the fact that the new position may be associated with lower qualifications. Lower wages may also be available. In rarer situations, an employee may have to move to another location. The company's management is not obliged to offer higher-paying jobs.

Paragraph 5 of the article states that an employee can be fired for repeatedly violating his work duties. If there is more than one such case, the employee may be fired in accordance with this article. At the same time, the employer must comply with certain rules. If more than a month has passed since the employee violated his labor obligations, then the employer does not have the right to punish him by dismissal. Another condition is that the employee must commit another offense no later than 12 months after the first. In order to prove an employee’s violation, the obligations must be specified in the labor instructions.

In some cases, an employer may fire an employee even if he has not committed any previous misconduct. Dismissal under Article 81, paragraph 6 may occur if the employee committed one of the following violations:

  • Arrived at the place of work under the influence of alcohol or drugs;
  • The employee grossly violated one or more labor safety rules;
  • Absenteeism;
  • Theft;
  • The employee disclosed information that was of a commercial nature. The employee should have received this information during his working life.

The violation must be recorded, otherwise it cannot serve as a basis for reduction. To do this, it is necessary to draw up an appropriate act. If any misconduct has been committed, the employee must provide an explanation in writing. The employee has 2 days to do this. An employer may dismiss an employee only if the misconduct is not justifiable or the justifications are not convincing. In the event of a layoff in accordance with paragraph 6 of the article, the employee cannot count on monetary compensation. The only compensation is for days of unused vacation. Dismissal under this clause also presupposes the fact that

Dismissal for absenteeism - Article 81

An employee can be fired from work for absenteeism, but not every absenteeism can be grounds for this. An employee can be fired only in the following cases:

  • If he was absent from his workplace the entire working day. A working day can last several hours;
  • The employee was not at his workplace. If he was on the territory of the organization, then absenteeism will not be considered;
  • The employee is absent and does not have a valid reason for this. The fact of absenteeism can be excluded by certain excuses, for example, illness, summons to court, interruptions in public transport. At the same time, everything must be officially confirmed.

If an employee of the organization did not have a good reason, and the violation was proven, then the employer has every right to punish him by dismissal. You only need to issue one order when dismissing someone for absenteeism. Article 81 states that it is not necessary to issue an order imposing a disciplinary penalty. This order is issued according to the T-8 formula.

It often happens that an employee wants to quit voluntarily, but is fired for absenteeism. This can happen if the employee does not wait the 2 weeks required by law.

Dismissal also may not always be the only punishment for absenteeism. The management of the enterprise can reprimand the employee, including a severe one. Sometimes an employee can get by with a simple remark. The employer may violate the order or procedure for dismissal, and then the court can reinstate the employee, even if there is a violation.

Let's consider in what cases Article 81 of the Labor Code of the Russian Federation is applied. Experts will explain the procedure for terminating an employment relationship and give 13 reasons when an employer can fire on its own initiative.

In the article

Article 81 of the Labor Code of the Russian Federation establishes in which cases an employment contract (employment contract) with an employee can be terminated at the initiative of the employer. Let's consider all the nuances and legal aspects of the procedure.

In what cases is it permissible to terminate an employment contract at the initiative of the employer: Article 81 of the Labor Code of the Russian Federation

13 reasons why an employer can terminate a contract:

  1. Upon liquidation of an organization or upon termination of the activities of an individual entrepreneur (individual entrepreneur) on the basis of part one of Art. 81 Labor Code of the Russian Federation.
  2. By reducing staff (numbers).
  3. In case of inadequacy for the position held due to an insufficient level of qualifications, if this is confirmed by the results of the certification.
  4. When the owner of the company changes, paragraph four applies to the manager, deputy, and chief accountant.
  5. In case of repeated failure to fulfill job duties. If this happens systematically without good reason and the employee already has a disciplinary sanction.
  6. If the employee violates his job duties one time. The paragraph is divided into several subparagraphs.
  7. When guilty actions are committed by an employee who is entrusted with servicing commodity or monetary valuables, if the guilty actions served as the basis for loss of trust on the part of the employer.
  8. When an employee entrusted with the functions of education commits an immoral offense, if it is incompatible with the further continuation of teaching activities.
  9. When an unfounded decision is made by the head of a company or branch, representative office, deputy heads, chief accountant, if this entails the unlawful use of property, violation of security or other damage to the entire organization.
  10. In case of a single gross violation of labor duties by the head or deputies of the organization.
  11. When an employee submits false documents to the employer during the conclusion of a TD.
  12. In case of occurrence of cases provided for by the TD with the head of the company, members of the collegial executive bodies of the company.
  13. If other cases arise, established by the Labor Code of the Russian Federation, other federal laws.

Clause 6 of Article 81 of the Labor Code of the Russian Federation

Clause 6 of Article 81 of the Labor Code of the Russian Federation provides for the dismissal of an employee at the initiative of the employer for a one-time gross violation of assigned duties. What does this concept include? Absenteeism. If the employee was absent from the workplace for more than four hours in a row or during the entire shift (working day). Dismissal for absenteeism (Article 81 of the Labor Code of the Russian Federation, paragraph six) must be justified. The fact of absenteeism must be documented, and a written explanation of the offense must be obtained from the employee.

Termination of a trade agreement is carried out when a person appears on the territory of the organization or at the workplace in a state of any type of intoxication: drugs, alcohol, toxic. Dismissal for drunkenness (Article 81 of the Labor Code of the Russian Federation, paragraph six) is carried out if there is confirmation of the established fact of intoxication.

Dismissal is also provided for disclosure of secrets protected by law: commercial, government, official, as well as for disclosing personal information of other employees, if the dismissed person has access to such information.

The employer has the right to terminate the employment contract on his own initiative and if the employee commits theft of someone else’s property, damage, intentional destruction, embezzlement, if the fact is established by a court, body, official authorized to consider cases of administrative offenses.

Article 81, paragraph 6 of the Labor Code of the Russian Federation in the last subparagraph provides for the termination of a TD due to violation of occupational safety (occupational safety and health) requirements, if this entailed serious consequences or created a threat of such consequences. Expert "System Personnel" .

Which clause regulates the termination of an employment contract for violation of labor discipline: Article 81 of the Labor Code of the Russian Federation

Clause 5 of Article 81 of the Labor Code of the Russian Federation establishes the possibility of termination of a labor contract at the initiative of the employer for repeated failure by the employee to fulfill the duties assigned to him. If the employee already has , the employer has the right, on his own initiative, to terminate the employment relationship in case of repeated violation of discipline.

Please keep in mind that when terminating employment under this clause, the employer must comply with the established rules. A disciplinary sanction must have been previously applied to the employee, and at the time of termination of the TD it had not been removed or extinguished.

Wrongful dismissal for violation of labor discipline (Article 81 of the Labor Code of the Russian Federation, paragraph five) will lead to legal proceedings. If the procedure for terminating a contract is not followed, the employer will be required to reinstate the employee at work. Repeated violation of labor discipline by an employee must be confirmed by the fact of imposition of a disciplinary sanction - by order.

Article 81, paragraph 2 or 3 of part one of the Labor Code of the Russian Federation

Article 81 of the Labor Code of the Russian Federation with comments of 2018 is applied by the employer according to the established points. Certification is carried out in the manner prescribed by labor legislation, regulations that contain labor law norms, local acts adopted taking into account the opinion of a trade union or other representative body of workers.

Termination of the TD under points two and three is permissible if it is not possible, with the written consent of the employee, to ensure a transfer to another position available to the employer. The employee must be offered all vacancies of suitable qualifications that are open and that correspond to the employee’s health condition.

How to apply Article 81 of the Labor Code of the Russian Federation, paragraph 7

Article 81 of the Labor Code of the Russian Federation, paragraph seven, provides for the possibility of termination of a labor contract at the initiative of the employer due to loss of trust. Guilty actions of an employee include not only guilty actions that served as the basis for loss of trust, but also confirmed facts of negligence and negligence.

To lose trust on the part of the employer, it is not necessary that the offense be committed directly in the workplace. Within one year from the moment it became known that the employee committed theft, was convicted of bribery, fraud or other similar actions, the employer has the right to terminate the employment contract, following the appropriate procedure. A selection of articles prepared by experts from the Personnel Business magazine will help you get answers to the most difficult questions related to dismissal.

Article 81 of the Labor Code of the Russian Federation establishes in which cases an employment contract (employment contract) with an employee can be terminated at the initiative of the employer. The dismissal procedure must be carried out in accordance with the requirements of current labor legislation. The article discusses the main reasons that make it possible to terminate a trade union at the initiative of the employer.

On Monday, Ivanov was absent from work without good reason for six working hours. For such an absence, the employer imposed a reprimand on Ivanov on Wednesday. On Thursday, Ivanov was again absent from work without good reason for more than four hours in a row. For another absenteeism, the employer imposed a penalty on the employee in the form of dismissal under subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation. Identification of a violation What documents should be used to document the fact that an employee has committed a disciplinary offense? The procedure for imposing a disciplinary sanction is provided for in Article 193 of the Labor Code of the Russian Federation. Before imposing a disciplinary sanction, it is necessary to document the fact of violation of labor discipline.

Dismissal under an article: how to take tough measures against the offender

Attention

Dismissal under paragraph 4 of Article 81 If the owner of the enterprise changes, he has the right to replace employees in key positions: manager, his deputy and chief accountant. This can be done only within three months and only when ownership of the entire organization has passed into new hands.


Info

If, for example, the composition of shareholders was slightly changed or the owner of one of the divisions of the enterprise changed, dismissal under point 4 will not be considered legal. But the owner has the right to dismiss, for example, either only one manager or all three employees at once.


Conditions for dismissal of an employee under clause 5 of Article 81 of the Labor Code of the Russian Federation. Labor law The fifth paragraph states that the boss can fire an employee for failure to fulfill his duties if there was more than one such case.

Dismissal under Article 81 paragraph 6

What should be the procedure for dismissing employees under Article 81 of the Labor Code? Agree, this is not such a common occurrence; most often the employee takes the initiative - and the procedure in this case is familiar and understandable. How is termination of employment relations formalized if the employer insists on it? Let's consider this issue in detail.


Labor legislation Dismissal of an employee under Article 81 of the Labor Code is carried out at the initiative of the employer. In relation to work and rest, the laws of the Russian Federation try to provide employees with many social benefits and guarantees that would provide them with normal conditions, decent wages and confidence that the employee will work at the workplace and for as long as he wants.
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I was fired under Article 81, paragraph 6, subparagraph G. There are no court decisions, no rulings, there is my explanatory note, an order for dismissal, deduction of damage from my salary and that’s it.
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  • Dismissal under Article 81, paragraph 6, subparagraph g of the Labor Code of the Russian Federation
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Article 81 of the Labor Code of the Russian Federation. termination of an employment contract at the initiative of the employer

In addition, it is necessary to comply with the deadlines established by law: a penalty for a misdemeanor cannot be imposed later than a month later, it is illegal to punish for a misdemeanor six months after its commission, and a repeated misdemeanor that can lead to dismissal must be committed within a calendar year after first violation. It should be remembered that in order to prove a violation of duties that the employee allegedly failed to fulfill, these duties must be recorded in writing, for example, in a job description. Dismissal under Article 81, paragraph 6 of the Labor Code of the Russian Federation If an employee grossly violates the internal labor regulations, the employer has the right to dismiss him, and for this it is not at all necessary to wait for a repeat offense.

What documents are required when dismissing an employee under Article 81 p3

In this case, the employer must indicate in the employee’s work book the grounds for dismissal - dismissed for appearing at work while intoxicated, subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation. Dismissal on the above grounds does not currently affect the percentage increase in wages, much less the regional wage coefficient for persons working in the Far North and equivalent areas.
In addition, if the employee has not yet been fired on the above grounds, then he can, with the help of a lawyer, avoid such dismissal and an entry in the work book about the dismissal on the basis of subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

Dismissal under Article 81

Dismissal at the initiative of the employer, paragraph 7 of Article 81 of the Labor Code of the Russian Federation. The procedure for dismissal under Article 81 of the Labor Code of the Russian Federation implies notifying the employee of the reason for his future dismissal. The seventh paragraph is formulated as dismissal due to loss of trust and concerns primarily those employees who work with money, for example, cashiers and accountants. In order for the dismissal to be completely legal and the employee not to have the desire to go to court, it is necessary, as in other cases, to have solid evidence of questionable actions on the part of the employee.
Typically, such employee actions fall under the category of disciplinary offenses, so explanations must be received for them and appropriate punitive measures applied. In addition, deadlines must be observed: two days to receive clarification, a month to fire the employee.

What documents must be provided upon dismissal under clause 6 of Article 81?

Question The procedure for dismissal under Article 81 p6. What kind of support should there be? Answer Answer to the question: It should be noted that clause 6 of part 1 of Article 81 of the Labor Code of the Russian Federation, which allows you to dismiss an employee for a one-time gross violation of labor duties by the employee, contains 5 subparagraphs. That is, the dismissal procedure and, accordingly, the required documents that must be drawn up upon termination of the employment contract will vary depending on the specific subclause. You will find important information about familiarizing an employee with a dismissal order in the material here. Thus, the documents that the employer must draw up upon termination of the employment contract under clause.
6 hours 1 tbsp.

Dismissed under Article 81, paragraph 6, subparagraph d

Important

If the court takes the employee’s side, then it may additionally oblige the organization to compensate the employee for moral damages (see, for example, the appeal ruling of the Supreme Court of the Republic of Buryatia dated July 24, 2013 No. 33-2255). The amount of compensation is determined by the court and indicated in its decision.


In this case, the judge must take into account the nature of the harm caused to the employee and the degree of guilt of the organization (clause 63 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). General approach to imposing a sanction How to determine the type of disciplinary sanction for an employee’s misconduct The disciplinary sanction must be fair.
For example, dismissal of an employee for being late for work once (for a good reason or absence from work for less than four hours in a row without good reason) will be regarded as dismissal that is not commensurate with the severity of the offense.
Failure to fulfill labor duties without good reason may be understood as non-fulfillment or improper fulfillment through the fault of an employee of the labor duties assigned to him (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. .).----------------------- Lawyer's answer to the question: dismissal under Article 81, paragraph 6 “5-10 minutes” is the time of being late for you. For these reasons, employees are fired on the basis of documents drawn up confirming your absence from the workplace for more than four hours.

Dismissal due to staff reduction is clause 2, part 1, art. 81 Labor Code of the Russian Federation

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

2) reduction in the number or staff of employees of an organization, individual entrepreneur;

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

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1. It is always MANDATORY to have a preliminary official (written and signed)

Notifying the person being dismissed NO LESS THAN two months before the date of dismissal!

2. Dismissal under clause 2, part 1, art. 81 before the expiration of the notice period is possible with the will of the employer and the consent of the employee. You can be fired even the next day after the warning, BUT WITH PAYMENT OF COMPENSATION IN THE AMOUNT OF THE AVERAGE MONTHLY FOR ALL DAYS BEFORE THE END OF THE WARNING PERIOD.

“The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.”

Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.

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3. Cash payments in the amount of average monthly earnings, and the average monthly earnings are retained for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within TWO WEEKS after the dismissal the employee applied to this body and was not employed by it.

If you were fired before the expiration of the notice period, these payments + compensation of average earnings for the remaining days until the end.

Article 178. Severance pay

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

ConsultantPlus: note.

On the issue regarding the amount of severance pay for seasonal workers, see article 296 of this document.

ConsultantPlus: note.

On the issue concerning the specifics of payments to employees dismissed from organizations located in the Far North and equivalent areas, see Article 318 of this document.

Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract due to:

the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (clause 8 of part one of Article 77 of this Code);

calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of part one of Article 83 of this Code);

reinstatement to work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code);

the employee’s refusal to be transferred to work in another area together with the employer (clause 9 of part one of Article 77 of this Code);

recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code);

refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code).

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4. Applying to the Central Bank is necessary in order to receive average earnings for the 3rd month after dismissal.

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    Grounds and procedure for dismissal under clause 2, part 1, art. 81 Labor Code of the Russian Federation (on staff reduction)

    20.12.2012

    Clause 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, as one of the grounds for dismissal of employees at the initiative of the employer, provides for termination of an employment contract to reduce the number or staff of employees of an organization or individual entrepreneur.

    For dismissal on this basis, the following facts must be present:

    1) The presence of a reason for dismissal - an order to reduce the number or staff, and the introduction of a new staffing table or the introduction of appropriate changes to it;

    2) Identification of specific employees to be laid off.

    When warning an employee about dismissal, the priority right to remain at work, provided for in Art. 179 TK.

    When reducing the number or staff of all employees from among whom the employee to be reduced is to be selected, they are compared according to the indicators established in Art. 179 of the Labor Code of the Russian Federation, primarily in terms of labor productivity and qualifications. Labor productivity is measured by the amount of products produced by a worker in the sphere of material production per unit of working time (hour, shift, working day, month, quarter, year, etc.). Labor productivity is determined by the amount of time spent producing a unit of output. If it is necessary to reduce staff, it is advisable for the personnel department to create a table. It lists the employees, of which those who are subject to reduction will be named, and the indicators that are given in Art. 179 TK for comparison. The productivity of many workers may be the same. There are many positions for which it is difficult to determine its difference, so the employer often considers it the same.

    Qualification includes 4 elements: knowledge, abilities, skills, perceptions.

    With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.

    The collective agreement may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications.

    3) Written personal warning to the employee about the upcoming layoff at least 2 months before dismissal.

    According to Art. 180 of the Labor Code, the employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the specified period, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal;

    4) Compliance with the employer’s obligation to employ the laid-off employee.

    According to Part 3 of Art. 81 of the Labor Code of the Russian Federation, dismissal on the grounds provided for in paragraph 2 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job ) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

    An offer of another job, which can be made as many times as there are vacancies during the notice period. If a vacancy occurs in an organization, it must first be offered to the employee to be laid off, thereby recognizing his right to priority occupation of the resulting vacancy.

    5) Notification (in writing) to the elected trade union body of dismissal at least 2 months in advance in accordance with Art. 82 TK;

    When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months before the start of the relevant activities. The criteria for mass layoffs are determined in industry and (or) territorial agreements.

    Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

    6. Compliance with the terms of termination of the employment contract.

    According to Art. 373 of the Labor Code of the Russian Federation, the employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected body of the primary trade union organization. During the specified period, periods of temporary incapacity for work of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.

    Article 261 of the Labor Code provides guarantees for certain categories of employees upon termination of the contract. In particular, to reduce the number or staff of an organization or individual entrepreneur, it is prohibited to fire pregnant women, as well as women: with children under 3 years of age; single mothers raising children under the age of 14 (disabled child under 18), other persons raising these children without a mother.

    It is not allowed to dismiss an employee on the specified basis during the period of his temporary incapacity for work and while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation).



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