Увольнение. Статьи 78,80,81 просмотров: 1455
There are three variants of termination of an agreement. (Article 78 is the most suitable for us)
Article 78. Termination of an agreement by agreement between the parties.
A labour contract can be annulled at any time by agreement between the parties of the work contract.
Article 80. A labour contract can be annulled by an employee ( by his own will)
Article 81. A labour contract can be annulled by an employer.
The work agreement can be broken off by an employer in such cases:
1) the liquidation of an organization or the stoppage of an employer’s activity
2) the reduction of the staff
3) unqualified employee
4) the change of the owner of the organization( concerning the manager of an organization, his vices, and the main accountant)
5) the worker’s repeated non- execution of his/her duties not for fairly valid reasons, if he has disciplinary penalties
6) the worker’s gross violation of his duties:
-absenteeism that is the absence at work without valid reasons for the whole day regardless of its duration and the absence at work without valid reasons for more than four hours running during the workday;
- the appearance of a worker in a drunken, narcotic, or another state;
-disclosure of the secrecy that is registered ( state, commercial, official, others);
-theft of somebody else’s property even if it’s small, its embezzlement, its intentional destruction or damage;
-the violation of protection demands that are fixed by the Committee for the Protection of labour if this violation lead to grave consequences( accidents at work, damage, catastrophe) or created a real menace for such consequences to occur;
7) fulfilled guilty actions by a worker who serves money or valuable goods, if these actions give grounds for an employer not to trust the worker any more;
7.1) not taking measures to prevent conflicts between the parties, one of which is the worker, giving incomplete or false data about his income, expenses, property, duties or giving intentional incomplete or false information about his income , expenses, property, and property duties of his/her wife/ husband and under age children, opening (having) of an account, keeping money and values in foreign banks beyond the bounds of Russia, using foreign financial instruments by the worker, by his wife/ husband and the children in the cases provided by the real Codex, other federal laws, normative acts of Russian President and Russian Government if the mentioned actions give the grounds for an employer not to believe an employee.
8) taking an unfounded decision by the employer of an organization( branch, representative office), his vice and main accountant) that lead to the violation of the property safety, its illegal usage or another damage
The order of certification realization (Part 3 of this Article) is fixed by labour legislation and other normative legal acts that contain the norms of law of employment, local normative acts.
The discharge on the basis of Part 2 and 3 of this Article is allowed if it’s impossible to transfer a worker to another post( a vacant or suitable post for the qualified worker or a vacant subordinate post or a low-paid job) which the worker can fulfill taking into account his health. At that, the employer must offer a worker all vacancies meeting the above mentioned requirements. Offering vacancies in other territories is possible if it’s provided by the collective contract, agreements, a labour contract.
The discharge of a worker is forbidden during his temporary disability and his holiday.
Let’s see in which period and what actions should be conducted by the employer if mass reduction of the staff is scheduled on 31.07.2013.
Action | Date of the action | Deadline(period) | Norm |
To notify a worker about his discharge | less than 2 months before, triple salary | 31.05.2013 | Part 2 Article 180 Labour Code Russian Federation |
To offer available vacancies | During the whole period of the reduction of the staff | 31.05.2013- 31.07.2013 | Part 3 Article 81, Part 1 Article 180 L.C. R.F |
To prepare the documents for the dismissal of the worker, to give him the employment history back, final payment with the worker | - | 31.07.2013 | Part 4 Article 84.1 L.C. R.F. |