We will tell you about ways to fire an employee for violations
Dismissal for gross violation
Can an employee be fired for committing a single gross violation committed in the performance of his duties? Yes, Article 81 of the Labor Code of the Russian Federation (clause 6, part 1) provides for dismissal in the following cases:
You can fire an employee for absenteeism;
for appearing at work in an intoxicated state;
for disclosure of informatio purchase shareholder database that is a secret by law (when an employee, in connection with the position he holds, becomes the owner of such information);
for committing theft or embezzlement (in the organization where the employee works) and if a sentence (and it has entered into force) or a court order has been issued in relation to these actions;
for failure to comply with labor protection rules, as a result of which an accident, or breakdown, or disaster occurred at work. Or this violation led to such consequences that all these events could have occurred;
with regard to employees working directly with monetary or material assets, this may be the performance of actions after which the employer can no longer trust this employee (loss of trust, stipulated in paragraph 7, part 1, article 81 of the Labor Code of the Russian Federation);
for immoral behavior on the part of an employee whose duties include educational functions (after which his further tenure in this position becomes impossible). Regulated by Article 81 of the Labor Code of the Russian Federation (clause 8, part 1).
Please note that even a single occurrence of such actions may result in dismissal.
All of these are disciplinary offenses, that is, dismissal is applied here as a disciplinary sanction. Therefore, in order to properly dismiss an employee, it is imperative to follow the procedure for applying a disciplinary sanction (the procedure is described in Article 193 of the Labor Code of the Russian Federation).
Options for dismissing an employee under the article for violations
The violation must be documented, set out in a report or in a report (here the presence of witnesses will be a plus). Keep in mind that the fact of the offense must still be proven.
The employer must require a written explanatory note from the employee before disciplinary action is taken.
The title of the explanatory note indicates what it is about (that is, they write the preposition “o” or “ob”), and then the essence of the event is described.
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There are no special forms for explanatory notes. A simple sheet of paper is taken and the following is written on it:
name of the organization (employer name);
document title;
current date;
signature of the person who wrote the note.
If an employee refuses to write an explanatory note, a report should be drawn up with the signatures of several persons. It is better to have more.
The act is given to the employee himself for signature. He may not agree to sign - then this should also be recorded in the act, and all witnesses sign it again. You can film the moment of refusal on a mobile phone, this is not prohibited by law.
An order to apply a disciplinary sanction shall be issued no later than within one month from the date of the violation.
According to Article 193 of the Labor Code of the Russian Federation (Part 3), an employee can be dismissed for the reasons listed above no later than one month after the day the misconduct was committed. This period does not include the employee's illness, vacation period, or the time spent on the procedure for taking into account the opinion of a representative (representative body).
Dismissal for repeated violations
This refers to the repetition of violations (without good reason) in the performance of official duties and if disciplinary action has already been taken against the employee.
Here, dismissal is permissible precisely in the case of repeated violations.
This could be:
absence from work (without good reason);
refusal to perform duties that arose as a result of changes in labor standards, introduced, of course, in accordance with the procedure established by law (Article 162 of the Labor Code of the Russian Federation). Under an employment contract, the employee's duty is to perform the functions assigned to him and the internal regulations of the enterprise. This is set out in Article 56 of the Labor Code of the Russian Federation;
failure to undergo a medical examination without good reason (required for some professions); refusal to undergo mandatory training (during working hours), which is necessary for admission to work (on labor protection, safety precautions, equipment operation rules).
When dismissing an employee for repeated violations, it is necessary to take into account the special explanations set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation of 17.03.2004 No. 2 “On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation” (paragraphs 33–35).