Termination of an employment contract due to loss of confidence. How an employee is dismissed due to loss of trust. End of the service investigation

1. Trust can only be lost by the employee who bears financial responsibility, works with money or goods. If he commits actions that damage the employer (and this can be measured financially), for example, embezzlement, then he may lose confidence. The same applies to bribery or other manifestations of self-interest.
2. The employer's confidence in the employee is manifested in the consolidation ( job description) for the citizen of the rights and obligations in relation to values. A full liability agreement is an act of trust.

Important! To dismiss an employee under the article, it is not at all necessary to have such an agreement.

The Labor Code of Russia allows the injured person to independently qualify the case, namely, to assess whether this or that act was the basis for the loss of confidence. An employee can be fired, or they can simply make a reprimand, limit themselves to a fine, or do without punishment at all.

What is the reason for the loss of trust:

If the violations were committed by the employee not at the main place of employment, he can still be fired for lack of confidence. In this case, the employer must have a copy of the court decision that established guilt.

Dismissal due to loss of confidence may be subject to municipal, military and government employees. You can read more about their dismissal.

Who can't be kicked out of work out of distrust?

What kind of employee cannot be fired out of distrust? It is forbidden to dismiss under such an article:

• a pregnant employee (Article 261 of the Labor Code of the Russian Federation);
• a minor (Article 269 of the Labor Code of the Russian Federation);
• an employee who is on vacation or is sick (Article 81 of the Labor Code of the Russian Federation) - this can be done upon his return.

How should an employer act?

How and who can be fired for theft, embezzlement, fraud, or other illegal conduct under loss of confidence laws?

Reference. The Labor Code or other legislation does not provide for an obligatory document (protocol, etc.) that should record violations.

On the fact of theft, theft, fraud or other illegal acts for which there are claims against the employee, the employer needs to complete the following step-by-step procedure:

1. Draw up a memo. In it, indicate the data of the employee who revealed the illegal actions, time, place, date, describe all the circumstances of the case. If information about violations came from law enforcement agencies or other third parties, you do not need to draw up a report.
2. If the inventory showed a shortage or other violations, then an act should be drawn up.

Having these documents, the employer has the right (and is obliged) to conduct an official investigation, which identifies the culprit.

This procedure requires the collection of a commission (by a special order of the employer). Its members should not be interested in the end result; they are chosen from among competent persons (at least three people).

This is what the body establishes under what circumstances the violation occurred, where, how it determines what and in what amount the damage was caused (as well as its cost), identifies the perpetrators, collects evidence.

The commission records all the information received- Acts, reports are drawn up, attached to the conclusion of the reference body, etc.

Based on the results of their work, the members of the commission draw up and confirm with their signatures an act. It should highlight the following points:

• what exactly the employee's actions led to the loss of trust;
• all the circumstances of the incident are described in detail;
• what is the employee's degree of guilt;
• what kind of punishment should be used in relation to him.

The results of the inventory (if it took place to determine the degree of damage) should also be attached to the act. An internal investigation does not mean that an employer should not seek help from law enforcement agencies, but the results and conclusions of the commissions will be enough to dismiss on the fact of loss of confidence.

Important! It will not be possible to fire a person if his misconduct is not directly related to his own official duties.

Guilt must be proven(testimony of witnesses, video from surveillance cameras and other facts of the commission of a crime are suitable for this).

After investigation

The commission in writing asks the employee for an explanation of what happened. Within two days, the employee makes explanatory note... If he does not do this, then it is necessary to draw up an appropriate act (it should be indicated in it that the employee did not give explanations at the required time and how he motivated this refusal), certify it with the signatures of the compiler and two or more witnesses.

In the presence of such an act, the employer has the right to impose a disciplinary sanction even without explanation from the employee (in accordance with parts 1 and 2 of article 193 of the Labor Code of the Russian Federation).

Having agreed with the conclusions of the commission, the employer creates a dismissal order upon loss of confidence. The order records:

• the date from which the employment contract is terminated;
• Full name and position of the dismissed employee;
• ground for termination labor relations(the commission by the employee directly serving the commodity values, guilty actions giving rise to the loss of confidence in him on the part of the employer, paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation);
• description of documents proving the employee's guilt, such as: reports and explanatory notes; inventory list; statement; medical report, etc.

The order is certified by the head. It can be issued in the T-8 form or on the official letterhead of the organization. The employee is introduced to the document within three days (signature). If the employee refuses to sign the order, an act is drawn up, but this will not prevent dismissal.

Fixing violation and calculation

Dismissal due to loss of confidence is entered into work book and the employee's personal card with the following wording: "Labor relations were terminated on the basis of violations on the part of a materially responsible employee, giving grounds for loss of confidence, paragraph 7, part 1 of article 81 of the Labor Code of the Russian Federation."

The order number and date are also indicated. The work book is issued on the day of dismissal. According to the current legislation, the organization is obliged to charge a dismissed employee wages and compensation for not taken vacation (if vacation pay was taken in advance, they are deducted from payment), bonuses.

This is how the entry in the work book looks like upon dismissal due to loss of confidence:

Severance pay is not provided in this case. If proven damage was caused to the employer, then the latter has the right to deduct the amount (if it does not exceed the average monthly salary) from the dismissal payments.

Reference. If the damage is more than the employee's salary, then the procedure, procedure and conditions of compensation are decided in court.

The dismissed employee has the right to file a complaint with the labor inspectorate, the prosecutor's office or go to court if the due payments have not been made.

If the employee is innocent

The employee has the right to prove his innocence through the court. If the law is on his side, then the employer (even if the dismissal procedure was formalized and carried out in accordance with all the rules) will be obliged to reinstate the employee.

It is possible to agree with the management about the dismissal "by on their own" v following cases: if the guilt is nevertheless proven, and the perpetrator of the unlawful acts agrees with this, of course, compensating for the losses. Such a peace agreement does not go beyond the law, and the specialist will allow the specialist to keep his work book and reputation in order.

Terms of termination of the contract

Upon detecting theft, embezzlement or other violation, the employer can fire an employee any day.... If a person received a notification of the results of an internal investigation and got acquainted with the order of dismissal, he may not work out the prescribed period of 2 weeks.

Attention! If the dismissed employee was not given the necessary documents after the date set in the order, the salary or other funds were not paid, and he continues to work, then the contract with him is automatically renewed.

The employer's responsibility is not only to receive compensation, but also to issue all the required documents and money. Sometimes, by a court decision, it is possible to pay moral damage to an unlawfully dismissed employee.

What are the consequences?

On the fact of mistrust, the employee may face a written reprimand, recovery of compensation and dismissal. The most difficult thing for an employee is precisely the termination of the employment relationship.

In this case, the length of service is interrupted, and this, in turn, affects the amount of payment for temporary incapacity for work: for three months the unemployment benefit is not paid, then its amount is reduced. On the fact of loss of trust, an employee may receive a ban on occupation a certain position - both temporary and life-long.

An entry in the work book about such a dismissal can interfere with the subsequent employment.

Even if the dismissal due to the loss of trust occurred by mutual agreement - the damage was compensated, all the necessary documents were created and presented - then such a fact in the work history sharply reduces the employee's chances for a good position.

At the slightest occurrence controversial points and the possibility of avoiding such a break in labor relations, the employee must go to court, and the employer is obliged to scrupulously and thoroughly investigate and be confident in evidence of guilt - in the event of defamation and unjustified dismissal, the employee is entitled to significant compensation.

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Dismissal due to loss of confidence is provided for in the current labor legislation, which regulates the labor relations arising between the employer and the employee.

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The employer must justify his decision to fire the employee by referring to the relevant article Labor Code... he is obliged to strictly follow the instructions of legal acts in order not to end up in an unpleasant situation later.

What does it mean

Full trust is a prerequisite for an industrial relationship between employer and employee, labor activity which concerns the implementation of transactions with monetary, material values ​​of the employer.

For example, the warehouse manager is in charge of material values ​​required for production purposes.

Labor Code contains a clause that provides instructions on termination employment contract due to loss of trust.

It clarifies that the employer has the right to dismiss in the event of "the commission of guilty actions by an employee who directly serves monetary or commodity values."

In accordance with the above definition, he is deprived of the opportunity to terminate an employment contract with employees who work in positions that are not related to the material values ​​of the enterprise.

If an employee's misconduct is revealed as a result of a financial check - economic activity employer, in accordance with the instructions of the Labor Code, he has the right to apply a disciplinary sanction to the employee for one year. The one-year term starts counting from the day when the guilty act was committed.

Guilty acts include:

• the perpetration of theft of inventory items, cash, their loss, destruction;
• admission of offenses in the conduct of cash transactions;
• fictitious write-off of inventory items;
• committing fraudulent actions with the values ​​of the employer entrusted to the employee;
• non-observance of the norms of local acts concerning the procedure for obtaining, issuing material and commodity values.

The procedure for dismissal for loss of confidence in an employee is the right of a manager, although he has the right to use other types of disciplinary sanctions, for example, to make a remark, to issue a reprimand in oral or written form, a severe reprimand to be entered in a work book.

What exactly the actions of the employee can cause the loss of confidence in the labor legislation are not given.

Trust belongs to the category of the employer's personal assessment, so he can qualify the employee's deed depending on his opinion.

In doing so, he relies on the circumstances under which the offense was committed, personal qualities employee.

Dismissal procedure under article loss of confidence

The employer must follow a certain sequence of actions so that dismissal due to loss of confidence is regarded as having legal basis... For example, an employee is subject to dismissal based on the results of an inventory.

In this case, the employer must request explanations in writing within the time period established by legislative acts.

To dismiss an employee on the basis of the wording “loss of trust”, the employer must have concrete, documented facts on hand, identify the cause-and-effect relationship between the commission of guilty actions and the loss of trust.

For example, it is possible to document the guilty actions of the warehouse manager with inventory acts, an audit report, and an audit conclusion.

The sequence of actions of the employer upon dismissal of an employee:

• the employee is notified by written notice of termination of the employment contract due to loss of confidence. A prerequisite is the signature of the employee certifying the receipt of the notification;
• an internal order of dismissal is issued on a unified form, which indicates the basis, date of dismissal;
• on the day of dismissal, the employee is given his work book, due to him cash, a certificate of his income, which he received for Last year work.

If guilty actions are found, the employer can dismiss the employee at any time that suits him, while not observing the mandatory two-week deadline.

If the employer discovers that the employee has committed a culpable act, he can fire him any day at his discretion.

How to make an entry in the labor

According to directions HR administration a record of dismissal is made in the work book. It indicates the basis for dismissal, provides a link to the relevant article of the labor code, in particular to article 81.

An employee's personal card is also drawn up. He is obliged to sign in the journal of the movement of work books, thereby confirming that he has received his book in his hands, a personal card.

What can be the consequences

There is no approved form of documentation for registration of the revealed unlawful misconduct of the employee.

But in practice, there is a certain order according to which any employer acts. The person who discovered the misconduct and its consequences draws up a memorandum, which he submits to a higher authority.

It indicates:

• personal data of the person who drew up the note;
• circumstances conducive to the commission of an offense, its result;
• date of detection of the offense, its consequences.

The memo is not drawn up, provided that the guilty actions of the employee are discovered by law enforcement agencies, third parties. If the loss of material assets is revealed during the period of the inventory, a special act is drawn up.

The head of the enterprise, according to the official papers provided to him, creates a commission by issuing an order for the enterprise to conduct an official investigation, which identifies the culprit.

As a rule, the commission includes three competent employees who are not interested in the result of the investigation.

The order indicates:

• personal data of the members of the commission;
• positions held by employees;
• date of formation of the commission;
• the main tasks assigned to the commission, the period of its work;
• the powers of the members of the commission, provided that they are absent in the local acts of the enterprise.

The members of the commission are obliged to put their signature on the order form, confirming the fact of familiarization with it. An internal investigation is also carried out in the case where no damage was caused to property, but the employee's misconduct could have resulted in damage.

During the investigation:

• the reasons for the commission of the employee's guilty actions are revealed;
• the time, place and method of causing damage is established;
• describes the characteristics of material values;
• the cost of the damage caused is calculated;
• the guilty person is identified;
• gathering facts of the case, which is being investigated by the commission;
• the degree of guilt of the person is determined;
• a decision is made on the extent of exposure to the guilty person;
• measures are being taken to preserve the materials of the case under investigation.

All actions carried out by members of the commission, their results are documented in acts, certificates, explanatory notes, memoranda. The members of the commission draw up the completion of the investigation in a special act, which is signed by them.

The act is provided to the employee for familiarization, who is obliged to sign it. If he refuses to sign it, then another act is drawn up, where information about his evasion is entered.

The possibility of contacting law enforcement agencies is not excluded, although an internal investigation is sufficient to carry out the procedure for dismissal for loss of confidence.

And in addition, it should be noted that the employer signs a liability agreement with the employee when hiring him, which does not affect the reason for dismissal.

Dismissal of an employee due to loss of trust is a tool to protect the company's material assets and a warning against damage. What fault of the employee can lead you to his dismissal on this basis?

Grounds for loss of confidence in an employee

Dismissal for lack of confidence is governed by clause 7 of Art. 81 of the Labor Code of the Russian Federation. Often this happens in relation to people performing work related to acceptance, leave, storage of any material values ​​or finances. What exactly is considered a loss of trust is not spelled out in the Labor Code of the Russian Federation, since it is formulated by the head of the company himself. This boss, in his own way, expresses distrust of employees, based on the situation.

The trust of the head of the company is spelled out in working documentation financially responsible person. A liability agreement is signed with the employee, but this does not serve as a basis for dismissal for lack of confidence. If it is proven theft, waste of money, bribery, he also falls under the article of distrust. But this can only happen when the employee is really financially obligated.

Dismissal dismissal can also occur due to a fault committed by a person at another place of work. Then the termination of the employment contract will be based on a copy of the court decision, which will establish the guilt of the subordinate.

Dismissal due to loss of trust is considered legal only if the head of the company has correctly drawn up the collection procedure (based on the results of the inventory of material assets at the enterprise, court proceedings, with the acceptance of a written explanation from the employee within the period strictly prescribed by law). In the event that the director does not have this evidence, then he has no right to dismiss the employee.

Dismissal due to loss of trust is considered legal only if the head of the company has correctly drawn up the collection procedure.

Dismissal of an employee under this article of the Labor Code of the Russian Federation is the right of the boss, but this is not his duty. He has the right to resort to other types of punishment, or not punish at all.

You can lose trust for the following reasons:

• theft, loss, damage to the material assets of the enterprise;
• late cash transactions;
• trade in any product at a known high / low cost;
• unlawfully written off material assets;
• scam;
• incorrectly executed acceptance / issue acts.

Loss of trust will also entail such misconduct of the employee, with which material damage will be associated, for example, if he was caught stealing valuables for which he is responsible. But this case must be made in writing.

Dismissal procedure

Consider the procedure for dismissal due to loss of confidence in the workplace:

1. Fixing in writing the employee's illegal actions.

There is no specially approved form for such a document. Usually, an employee who finds an oversight writes a memo addressed to the director of the organization, in which he indicates:

1. FULL NAME. of the one who discovered.
2. The conditions under which the offending act was committed or its results were disclosed.
3. The exact time and number of detection.

If employees find out about the illegal actions of any employee from law enforcement agencies or someone outside, then the report is not issued. If the lost value was revealed during the verification period, then in this case a special act is drawn up.

2. Service investigation.

Based on this evidence, the director of the company begins an internal investigation, during which the culprit is determined. This is done like this:

1. A commission is created, consisting of at least 3 employees who are not interested in the consequences of the investigation.
2. An order is drawn up on the creation of a commission, which includes the full name of participants, their position, date of creation of the commission, purpose, time of action, powers of participants.

All members of the commission must put their signatures in the order.

Also, a similar commission is collected if the employee's act did not cause harm, but could potentially lead to this.

The tasks of such a commission include:

1. Determine the circumstances of causing the loss - time, place, method.
2. Describe how the damage was done.
3. Calculate the total amount of damage.
4. Identify the culprits.
5. Collect facts on the case.
6. Establish the degree of guilt, the type of subsequent punishment.
7. Keep all materials on this case.

All actions of the members of the commission, as well as the information that was received during the investigation, is recorded in special documents: acts, certificates, notes.

After the work of the created commission is completed, an act is drawn up, in which all its participants put their signatures. With this document in mandatory the guilty employee is obliged to familiarize himself with and sign it.

After conducting such an investigation within the organization, you have the right to formalize the dismissal of an employee due to a loss of confidence.

Only after conducting an investigation within the organization, you have the right to formalize the dismissal of an employee due to a loss of confidence.

3. An explanatory note from the offending employee.

Before issuing an order to punish an employee, it is necessary that he write by hand an explanation of what happened. Does he refuse to write? Then he is given a notification that he is obliged to do this. If the employee does not sign this notification, then an act is drawn up. After two days from the moment of the warning, the employee did not provide an explanation? Then, in accordance with Art. 193 of the Labor Code of the Russian Federation, a proper document is drawn up. If there is a notice and such a document, you can begin the termination procedure.

4. The order of registration of basic documents.

An order on disciplinary punishment of the employee is mandatory, where his guilt is prescribed. The director then issues an order to terminate the employment contract. The basis for termination fits into it - the loss of confidence in the employee.

The employee reads the order and signs it. Refuses to do this - a corresponding entry is made.

If all these documents are in the hands of the employer, then it makes no sense for the employee to sue the company.

5. Record in the labor and in the card of the employee of the enterprise.

A record that the employee was dismissed under Art. 81, part 1, paragraph 7 of the Labor Code of the Russian Federation fits into the labor and personal card of the employee. Labor is issued on the day of dismissal. The employee signs in a personal card, as well as in the book of accounting for the movement of work books.

6. Payments to an employee upon dismissal.

When calculating an employee, he is paid a salary for the worked period, compensation for unused vacation... The money is paid by the organization on the day of dismissal. The company can force the employee to pay the money for the loss caused to him only by a court decision (Labor Code of the Russian Federation).

So, only employees who work with money and are financially responsible can be dismissed under the article “Loss of trust”. If the guilt is related to work, then dismissal under the article will also carry a disciplinary penalty, which is why it is necessary to comply with the deadlines. Non-work related activities can also cause loss of confidence if a person is caught in a crime and convicted by law.

Consider the procedure for dismissal due to loss of confidence. Which of the employees can be dismissed on this basis, the terms and rules of the procedure.

One of the reasons for dismissal may be a loss of confidence (clause 7, part 1, article 81 of the Labor Code of the Russian Federation). This procedure has a number of features, and it is important to do everything correctly so that you do not subsequently prove your case in court. Let's analyze the whole complex process step by step.

Who can and who cannot be fired on loss of trust

You can be dismissed for the loss of trust of an employee who works with monetary or commodity values, if, as a result of his actions, the employer has ceased to trust him. The direct relationship to the maintenance of valuables should be enshrined in an employment contract, an agreement on full liability or in a job description.

But even if proven guilty, you cannot fire:

• a pregnant employee;
• a temporarily absent employee (it is possible to dismiss an employee after he returns to his job duties);
• a minor in the absence of the consent of the labor inspectorate and the commission for juvenile affairs and protection of their rights.

Reasons for Loss of Trust

Dismissal due to loss of confidence is possible if the employee has caused direct damage to the property of the employer, that is, the available property has decreased in quantity or its condition has worsened. In this case, the culprit will have to compensate for the restoration or fully compensate for the damage. But remember that lost profits cannot be recovered.

In addition, an employee can be dismissed for loss of confidence if he has committed illegal actions that are not related to the execution job duties... In this case, the employer must establish the fact of the crime and receive a copy of the court verdict, which established the employee's guilt.

How to fix the bases

Dismissal due to loss of confidence is a set of actions that must be strictly observed in order to avoid violating labor laws.

If the employee has taken actions related to the performance job responsibilities, his dismissal is a disciplinary measure. When terminating an employment relationship on this basis, it is necessary to strictly follow the disciplinary procedure established by the organization, including time limits.

The manager needs to require a written explanation from the employee. The form of explanation has not been established by labor legislation. If the employee is ready to write an explanatory note, there is no need to require him to give an explanation in writing. If the situation is conflicting, then the notification must be drawn up in writing and handed over to the subordinate under signature. If you refuse to sign, an act is drawn up.

The legislation gives the employee two working days to provide explanations. The term is counted from the date following the day of the presentation of the claim.

Dismissal registration procedure

Dismissal due to loss of confidence, the procedure for the employer's actions that must be carried out is provided for by article 193 of the Labor Code of the Russian Federation:

• detection and fixation of the employee's culpable actions;
• an official investigation;
• obtaining a written explanation from the employee;
• an act on the results of an official investigation;
• publication of an order;
• dismissal.

Step-by-step design of the procedure

Step 1. The employer records the fact of committing the guilty actions in the form of a memo or a memo, since there is no unified form.

Step 2. The employer, by order, creates a commission for carrying out an official audit, consisting of at least three people. The order fixes the date, the purpose of the creation of the commission, its powers, the period of its activity, full name. and the positions of the staff members that make up it. The members of the commission familiarize themselves with the order for signature.

Step 3. The Commission establishes the fact of committing the guilty actions, the time, place, method, cost of damage, establishes the specific culprit and the degree of his guilt, keeps the materials of its investigation.

Step 4. The employer requires the employee to submit a written explanation, which is provided within two working days. If there is a conflict, the employee must be notified in writing of the need to provide an explanation. In the absence of explanations, the manager draws up an act of refusal to provide them.

Step 5. The Commission records the results of the investigation in the report. There is no unified form for this document. In addition to the results and conclusions about guilt, the act contains proposals on the punishment for the employee (if there is evidence of guilt). All members of the commission sign the act.

Step 6. Based on the results of the audit, the employer issues a dismissal order with reference to clause 7 of part 1 of Art. 81 of the Labor Code of the Russian Federation. The employee gets acquainted with the order for signature within three working days from the date of publication. The employer records the refusal to familiarize himself with an act.

Step 7. The employer fires the employee on loss of confidence:

• no later than 1 month from the date of discovery of the offense (illness or vacation are not included in the calculation of the period);
• no later than 6 months from the date of the misconduct, but if the fact was discovered during the audit or verification - no later than two years from the date of commission;
• not later than one year from the day when the employer learned about the misconduct, if the actions were not committed at the place of work or not in connection with the performance of their duties.

An explanation should be made to the last point. If the actions that give rise to the loss of confidence are not related to work, then the dismissal will not apply to disciplinary action (part 3 of article 192 of the Labor Code of the Russian Federation, paragraph 2 of paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 ). Consequently, take into account the procedure for the application of the penalty established by Art. 192, 193 of the Labor Code of the Russian Federation, in this case it is not required. Dismiss under clause 7, h. 1, Art. 81 of the Labor Code of the Russian Federation for guilty acts committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, can be no later than one year from the date of the discovery of the misconduct by the employer (part 5 of article 81 of the Labor Code of the Russian Federation and paragraph 47 Resolutions of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

An employee dismissed for a corruption offense is included in the register of persons dismissed due to loss of trust for five years. The term for inclusion is counted from the moment the act was adopted, which served as the basis for inclusion in the register. The register is posted on the website of the federal GIS in the field of civil service.

How to make an entry in the labor

The basis for making an entry in the work book is the order. Records are made out according to the following rules.

What are the grounds for applying the article "Loss of confidence" of the Labor Code of the Russian Federation, who can be fired for loss of confidence, how is the procedure for dismissal for loss of confidence carried out, all the details are in the article.

From the article you will learn:

What grounds can serve for the loss of trust

The article "Loss of Confidence" of the Labor Code of the Russian Federation allows the employer to terminate the TD (employment contract) with the employee who committed a guilty misconduct, which became the main reason for the loss of confidence, such misconduct includes:

• intentional culpable acts;
• revealed facts of negligence or negligence on the part of the employee.

The culpable actions include the use of accountable values ​​for personal purposes, measuring, weighing, counting buyers, violating the established rules of sale, etc. Negligence includes leaving those in charge material values unattended, storage of keys in public places from warehouses, premises with material values. In addition, the issuance of money without appropriate registration is considered negligence. required documents etc.

Important! The article "Loss of confidence" of the Labor Code of the Russian Federation does not apply if the unseemly act with damage caused by force majeure: fire, flood, other natural disaster. An employee is also found not guilty if damage to property inflicted in case of necessary self-defense.

Practice question

Is it possible to dismiss due to the loss of confidence of the employee in respect of whom service check if he applied for dismissal of his own free will and went on sick leave

The answer was prepared jointly with the editors

Ivan Shklovets answers,
Deputy Head Federal Service for labor and employment

The answer to this question depends on when the sick leave ends.

An employer can terminate an employment contract with an employee who serves money and material values ​​for guilty actions. Including if these actions give (Clause 7, Part 1, Article 81 of the Labor Code of the Russian Federation). Dismissal due to loss of confidence is a dismissal ... Therefore, the employer employee due to loss of confidence in (part 6 of article 81 of the Labor Code of the Russian Federation) or leave.

At the same time, an employee in respect of whom an official investigation is being conducted in , is entitled to general order submit (Article 80 of the Labor Code of the Russian Federation). Restriction on termination of an employment contract during illness or vacation upon dismissal of one's own free will ... So if expires before the sick leave ends, then the employer must ...

Ask your question to experts

Dismissal under the article “Loss of confidence” can take place regardless of whether a shortage of material assets is discovered or not. The fact of detection of violations of the accounting procedure established in the organization by the employee is enough. If material values ​​were not actually lost, but culpable acts or negligence has resulted in a loss of trust in the employee on the part of the employer.

Dismissal due to loss of confidence under article

The Loss of Confidence clause may apply to an employee who has committed an unseemly act while away from the workplace. If the employer becomes aware of the information that the employee has committed theft, robbery, fraud, or other mercenary offenses, the dismissal may take place under the article “ Loss of trust».

It should be borne in mind that due to the loss of trust for these actions, the employment contract can be terminated within one year from the moment the grounds that led to the loss of trust are discovered. If the misconduct was discovered more than one year ago, apply such grounds for layoffs it is impossible (such a procedure for dismissing an employee due to loss of confidence is provided for in clause 7 of part 1 of article 81 of the Labor Code of the Russian Federation, article 239 of the Labor Code of the Russian Federation, in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2).

Who can be dismissed under the article "Loss of confidence" of the Labor Code of the Russian Federation

The procedure for dismissal for loss of confidence applies to employees who are entrusted with serving material assets or cash: transportation, storage, reception, distribution, etc. These workers include warehouse managers, cashiers, forwarders, storekeepers, sellers, etc. Full list such specialists are mentioned in the list approved by the decree of the Ministry of Labor No. 85 ort on 31.12.2002.

Practical situation

How to dismiss under the article if the employee threatens to go to court

The answer was prepared jointly with the editors of the journal "

Maria KOROBENKOVA answers,
practice leader labor law LLC "Rosmedconsulting" (St. Petersburg)

Employees dispute dismissal on a guilty basis in 90 percent of cases. Therefore, be prepared for the fact that your position will have to be defended in court. If there are no serious reasons for such a drastic measure, convince the director to part with the employee peacefully. If the employee is not ready to make compromises, pick up documents that justify his guilt. In this article, we will outline the checkpoints that need to be checked in order for the dismissal to be recognized as legal in court.

Under what conditions can an employee be fired?

First of all, make sure that the employee has an unrecoverable disciplinary action at the time of the misconduct. This can be a remark or a reprimand. But, if by the time of dismissal there is still no decision on previously identified facts of default, the courts believe that the employee has no other disciplinary action... On this basis, the employee ...

It is impossible to fire an accountant, economist, controller under the article “Loss of confidence”. The exceptions are cases when the accountant is entrusted with the duties of a cashier. In this case, the employee will be fully financially responsible for damage caused during the execution job duties cashier.

How to carry out the procedure for dismissal for loss of confidence

The step-by-step procedure for dismissal due to loss of confidence in an employee is:

• in the documentary evidence of the misconduct (there must be acts of the inventory carried out, memoranda, other documents confirming the guilty actions);
• in receipt of an explanation from the employee in writing, in case of refusal to give such an explanation, the employer must draw up an act;
• in drawing up according to the form № T-8 or independently developed sample.