The employer threatened to dismiss under the article - do not rush to write a statement of your own free will. Dismissing is not as easy as it seems.
What can they fire for?
According to the article, they can dismiss for misconduct:
- Inconsistency of the position - if I could not cope with the work
- Failure to perform duties or misconduct
- Absenteeism
- Drunk appearance
- Disclosure of confidential information
- Theft
- Withholding information important to the employer
Is it possible to dismiss a pregnant woman
Pregnant employees can be fired only if the company is liquidated. In other cases, the maximum is a remark or reprimand.
Employees on maternity leave can be dismissed during the liquidation of the company, for repeated violation within a year, for an immoral act (applies only to teachers and educators).
Single mothers are also forbidden to dismiss until the child reaches the age of 14, and if the child is disabled, until the age of 18.
Is it possible to dismiss an employee on sick leave and on vacation
Also not - only if the company closes.
True, a vacation application must be written or a sick leave issued.
What payments are due upon dismissal under article
Only salary for hours worked and compensation for unused vacation. There is no severance pay for dismissal under the article.
Moreover, if the employer has suffered material damage, compensation may be requested from the employee.
What to do if you want to fire under the article
Try to negotiate first. Explain the reason. If the company through your fault lost money - return it. The goal is to achieve the dismissal of their own or by agreement of the parties.
If you don’t agree, remember:
- They can be fired for being late only after the first warning - comments or reprimands, and no more than a year should pass from the moment of their receipt
- Absence is considered absent from the workplace for more than 4 hours in a row. If you are absent for a good reason, take a certificate. In any case, within 2 days you write an explanatory note, and you can be fired for absenteeism only within a month from the day of absenteeism
- The fact of theft is established only by a court decision or a decision of an authorized body. If management does not want or cannot prove theft in court - you have the right to dismiss on your own
- For appearing while intoxicated, they can be fired only according to the results of medical examination carried out with the consent of the employee
- All charges - the concealment of important information, the disclosure of confidential information - must be proved. If there is no evidence, it is impossible to dismiss under article
What to do if the record of dismissal under the article is in the work book
If you still get fired under the article and the labor is spoiled, there are three solutions to the problem.
1. “Lose” the work book
You can go to the previous place of work and ask for a duplicate. There will be no information about the last place of work and dismissal under the article.
Before you decide, think carefully. If the city is small, everyone will know about you. Option - to leave with a duplicate of labor in a big city.
The personnel officer can check the information about you in the FIU. And there they will call the last place of work.
In addition, by 2021, enterprises will switch to electronic work books, which cannot be lost.
2. Write a cool cover letter in the resume
And at the interview to explain the dismissal - best of all by a misunderstanding. It is not worth while pouring mud on the former boss. Negativity towards management is always alarming.
3. Change a profession or start a business
Sometimes there is no other way. Theft or disclosure of information to competitors is an indelible stain on reputation.
But if you try yourself in a completely different field, you will be much more condescending to past misconduct.
Or maybe firing under the article is your chance? Try yourself as an entrepreneur. Then surely no one will have to report to anyone.
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