Dismissal at the initiative of the employer

Many somehow believe that in any case it is better to resign at will, and not wait for dismissal on the initiative of the employer. But is this statement always true?

Grounds for the dismissal of an employee on the initiative of the employer

1. An employee can be dismissed with a reduction in staff or the number of employees of the company. The reduction should be announced to the employment service for 2 months, and about mass layoffs - a month earlier.
2. At the initiative of the employer, the employee can be dismissed when the employer ceases to operate or when the company is liquidated.
3. The employer can dismiss the employee if he does not comply with the job or position he holds. The procedure for dismissing an employee on the initiative of the employer in this situation is the following: the certification by the commission, which should include the representative of the trade union, the decision of the commission and only then the dismissal. The content of the control questions should be known to the attestant not less than 1 day before the day of inspection.
4. The procedure for the dismissal of an employee on the initiative of the employer can be carried out if the owner of the property of the company changes.
5. The repeated failure of an employee to perform his duties without a good reason, if there is disciplinary action, is the basis for dismissal. The walks must be marked on the report card, in addition, there is a need for witness testimony.
6. Multiple violations of labor discipline can also lead to dismissal. These are violations such as the appearance at work under the influence of alcohol or drugs, absenteeism, disclosure of secrecy (state, commercial) theft, violation of labor protection rules (if the result is severe consequences). In this case, the dismissal decision must be made at the meeting with the participation of the employees of the trade union.
7. The submission of an employee to an employer when hiring forged documents is also the basis for dismissal.
8. The employer has to dismiss an employee who performs an educational function in committing immoral acts.
9. Dismissal can come as a result of the only gross violation of the deputy head of the organization and his own labor duties.
10. The loss of confidence in the employee who serves the material values ​​of the organization is the reason for dismissal.
11. The adoption of an ungrounded decision by the head of the branch or his deputies, which caused damage to the property of the organization may be the reason for dismissal.

Obligations of the employer upon dismissal

The dismissal of an employee at the initiative of the employer must be carried out in compliance with the procedure for dismissal - unconfirmed documented misconduct of the employee, lack of a decision of the certification commission, the absence of representatives of the trade union in making a decision to dismiss - all this makes the dismissal of the employee at the employer's initiative illegal. Also, you can not dismiss an employee while he is on vacation or temporarily disabled.

So do not be afraid when the head threatens to fire you on the article, if there are no actual reasons for this. Often employers use legal illiteracy of employees and persuade them to leave on their own, instead of reduction. It is necessary to know that with some cases of dismissal on the initiative of the employer employee is entitled to compensation. Namely, in the event of liquidation of an organization, reduction of the staff (number) of employees, the severance payee must be paid severance pay and the average monthly salary is saved for the time of finding a new job (no more than 2 months). The severance pay is calculated on the basis of the average monthly wage (sometimes a 2-week pay).

Remember that the employer is liable for illegal dismissal. Therefore on disputable questions it is necessary to address in court. If the case is won, the employer will have to reimburse all of your costs.