Dismissal for failure to comply with the orders of the head. Dismissal for repeated violation of labor duties is not allowed. Payments to be made to an employee upon dismissal for repeated failure to perform labor duties

In accordance with paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, an employment contract may be terminated by the employer in the event of repeated non-performance by the employee without good reason job responsibilities if he has disciplinary action.

This basis is quite often used in practice by many employers, regardless of the form of ownership and scope of the enterprise.

Analysis judicial practice shows that, in most cases, employees do not agree with either the very grounds used by the employer to part with them, or with the employer's qualification of their actions / inaction as “failure to fulfill their labor duties”.

In this article, we suggest that you familiarize yourself with the state of judicial practice in the field of labor disputes arising precisely from dismissals on the named grounds - clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. At the same time, based on the analysis of cases in which the employee SUCCESSFULLY succeeded in challenging his dismissal, declaring it illegal and receiving a court decision on reinstatement at work (or changing the wording and date of dismissal), we will identify those mistakes of the employer that served as the basis for such a turn of events not in favor of the employer.

1. Errors in the field of execution of orders on punishment and dismissal

Requirement: When issuing an order for punishment (including in the form of dismissal), the order must indicate:
- what the employee is punished for, that is, for what specific act, behavior, action / inaction;
- what standards are the requirements for the algorithm of employee behavior fixed. That is, references must be made to the clauses of specific local acts, job descriptions, rules, procedures, etc., which the employee violated by his act.
In addition, the dismissal should be a proportionate punishment for the mistakes made by the employee.
from st. 192 of the Labor Code of the Russian Federation, it follows that a disciplinary offense should be understood as a guilty, unlawful failure to perform or improper performance by an employee of the labor duties assigned to him (violation of legal requirements, obligations labor contract, internal labor regulations, job descriptions, regulations, orders of the employer, etc.). In the absence of at least one of these conditions, the application of a disciplinary sanction to an employee is unlawful.
According to Art. 192 of the Labor Code of the Russian Federation, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) a reprimand;
3) dismissal on appropriate grounds.
Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. The procedure for the application of disciplinary sanctions is regulated by Art. 193 of the Labor Code of the Russian Federation.
The Plenum of the Supreme Court of the Russian Federation in the Resolution of 17.03.2004 N 2 "On the application by the courts Russian Federation Of the Labor Code of the Russian Federation ”(hereinafter referred to as Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2) clarified that the employer must comply with such principles as justice, equality, proportionality, legality, guilt, humanism when applying disciplinary sanctions to an employee. The employer must provide evidence not only that the employee has committed disciplinary offense, but also that when a penalty was imposed, the severity of this offense and the circumstances under which it was committed, as well as the employee's previous behavior, his attitude to work were taken into account.

Practice :
The bank employee was fired forp. 5 h. 1 tbsp. 81 of the Labor Code of the Russian Federation (repeated failure to complyan employee without good reason for labor duties, if he has a disciplinary penalty).She considered disciplinary proceedings and dismissal illegal and filed a lawsuit. The court recognized both orders (reprimand and dismissal) illegal, and reinstated the worker at work. The main reason for the recognition of orders as illegal was that the employer did not bother to indicate in the orders themselves the specific norms of the employer's local acts that were violated by the employee. That is, everything that the employer then indicated in his response to the claim. In addition, the court found that the employee was not familiar with the full text of the local acts, the norms of which she had in fact violated. According to the submitted extract from the plaintiff's e-mail, the employer was asked to familiarize the employee with only chapters 17 and 18 of the Order, which she subsequently violated. Despite the fact that the court, during the consideration of the case, established facts of violation by the employee of the norms and rules in force in the bank, it nevertheless recognized the orders to punish the employee unlawful due to the violation of the rules for processing such documents. (decision of the Kirovsky District Court of Irkutsk dated 04.10.2013; the appeal ruling of the Irkutsk Regional Court dated 12.12.2013 in case N 10173/2013).

Output: If the dismissal order does not set out the circumstances of the disciplinary offense imputed to the employee, the specific provisions of the job descriptions, orders, local acts of the employer are not specified, which were culpably violated by the employee in the performance of labor duties, and from the dismissal order it is impossible to discern what specific violation labor discipline allowed by the employee, such orders cannot be recognized as legal.

2. Sequence errors: no "repetition"

Requirement: For the application of the basis, there must be at least one more applied and issued in established order punishment of the same employee. That is, there must be a valid and not canceled order on punishment for a previously committed misconduct.
Source and interpretation of the requirement: The requirement follows from the meaning of the very grounds for dismissal, that is, paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. In accordance with the explanations contained in paragraph 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, when resolving disputes between persons dismissed under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation for repeated failure to perform labor duties without good reason, it should be borne in mind that the employer has the right to terminate the employment contract on this basis, provided that a disciplinary sanction was previously applied to the employee, and at the time of his repeated failure to perform his labor duties without good reason, it was not removed and not extinguished. Within the meaning of the above explanations, the dismissal of an employee on the above grounds is allowed in cases where the employee, having a disciplinary penalty (s), commits a new disciplinary offense or continues the violation that began before the application of the penalty. Thus, in case of repeated failure to fulfill labor obligations, the employer has the right to terminate the employment contract only if he previously applied disciplinary sanctions to the employee, which have not been lifted.

Practice:
An employee dismissed under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, went to court with a claim to recognize all orders (punishment and dismissal) illegal. The court found that the plaintiff worked in transport department the defendant as a car driver. By the first order, he was brought to disciplinary responsibility in the form of a remark, as indicated in the order, in connection with negligence in his official duties. By the second order of the employer, the plaintiff was brought to disciplinary responsibility in the form of a reprimand for violation of clause 4.1.4 of the employment contract, expressed in refusal to comply with the order of the employer. By the third order, the plaintiff was disciplined in the form of dismissal. The reason for the application of the punishment was the plaintiff's failure to fulfill his job duties, namely the order general director... The court found that the plaintiff had previously, before going to court, applied to the State Labor Inspectorate, which, based on the results of the defendant's inspection, made an order demanding the cancellation of orders No. 1 and 2. In pursuance of the said order, the plaintiff's employer voluntarily canceled orders No. 1 and 2 (on the remark and reprimand). When deciding to refuse to satisfy the employee's claims to cancel orders No. 1 and 2, the court proceeded from the fact that these orders, contested by the plaintiff, were voluntarily canceled by the employer at the time the court was considering the case. Since in connection with the cancellation of these orders labor rights the plaintiff in this part were reinstated, the court had no grounds for the repeated cancellation of the orders. Satisfying the plaintiff's claims for the cancellation of orders on the application of disciplinary sanctions in the form of dismissal and an order to terminate the employment contract with the employee (dismissal) of the plaintiff, the court reasonably concluded that there were no legal grounds for dismissing the plaintiff under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. In connection with the cancellation of orders No. 1 and 2 by the employer, according to the court, there was no sign of repeated non-performance by the employee without a valid reason of work duties and the presence of unreleased disciplinary sanctions, which in turn entails the cancellation of dismissal orders. The employee was reinstated at work in his previous position (decision of the Millerovsky District Court of the Rostov Region dated 05.21.2013; the appeal ruling of the Rostov Regional Court dated 01.08.2013 in case No. 33-9646 / 2013).

Output: If the employer voluntarily canceled the orders to bring to disciplinary liability, which in turn created repeated non-performance by the employee without a valid reason of labor duties and the presence of unreleased disciplinary sanctions, then the order of dismissal under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

3. Errors of action: violation of the disciplinary procedure

Requirement: Before applying a penalty, the employer is obliged to ask the employee for an explanation of the misconduct, giving him two full days for this.
Source and interpretation of the requirement: In accordance with parts one and two of Article 193 of the Labor Code of the Russian Federation, before the application of a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.
If the issue of applying a disciplinary sanction to an employee is resolved before the expiration of two working days after requesting a written explanation from him, then the procedure for applying a disciplinary sanction in the form of dismissal is considered violated, and dismissal by virtue of Part 1 of Art. 394 of the Labor Code of the Russian Federation - illegal.
A different interpretation of these norms would mean that the employer does not have to comply with the deadline for the employee to provide an explanation and the employer can ignore the requirements of Part 1 of Art. 193 of the Labor Code of the Russian Federation, and therefore would entail the loss of the meaning of these norms and a significant violation of the employee's right to provide an explanation within the period established by law.

Practice:
An official of the commanding staff of an educational institution was dismissed at the initiative of the employer. The grounds for terminating the employment contract with him were letters from the Ministry of Education and Science, according to which the district administration was ordered to release him from his duties due to violations of the USE passing in the district. The dismissed employee did not agree with such dismissal, considering it illegal due to lack of grounds and violation of the dismissal procedure. The court, having examined the submitted letter of the Ministry of Education and Science, concluded that the defendant had not presented evidence proving the existence of grounds for imposing a disciplinary sanction in the form of dismissal. The defendant did not submit to the court evidence that the plaintiff did not perform or improperly performed his official duties, and what kind of official duties these are. In addition, the wording in the order - "for numerous violations committed during the exam" - as one of the grounds for dismissing the plaintiff, was correctly recognized by the court as unjustified, since it carries general character and is not specifically confirmed, that is, the defendant has not presented such evidence to the court. In addition, as can be seen from the case materials, the employer applied a disciplinary sanction to the plaintiff in the form of dismissal without requiring an explanation, which is a violation of the requirements of Art. 193 of the Labor Code of the Russian Federation. In addition, the dismissal order was issued while the plaintiff was on vacation, which indicates a direct violation of labor law (part 6 of article 81 of the Labor Code of the Russian Federation). Based on the foregoing, the court recognized the dismissal as illegal, and reinstated the employee at work (decision of the Kaitag District Court of the Republic of Dagestan dated August 26, 2013; the appeal ruling of the Supreme Court of the Republic of Dagestan dated November 19, 2013 in case No. 33-4068 / 2013).

Output: Violation of the procedure for bringing an employee to disciplinary responsibility (for example, failure to request explanations for a violation of discipline), as well as failure to comply with the requirements of Part 6 of Art. 81 of the Labor Code of the Russian Federation on the prohibition of the dismissal of an employee at the initiative of the employer during his vacation or illness, is the basis for recognizing the dismissal under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation illegal.

4. Time errors: delay in punishment

Requirement: Article 193 of the Labor Code of the Russian Federation establishes preventive terms for bringing an employee to disciplinary responsibility, issuing an order for punishment (dismissal), for acquainting the employee with the order. In addition, the period during which the employee is considered subject to disciplinary action is set - one year.
Source and interpretation of the requirement: According to parts 3 and 4 of Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction is applied no later than one month from the date of discovery of the offense, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.
In accordance with Art. 194 of the Labor Code of the Russian Federation, if within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, then he is considered to have no disciplinary sanction. The employer, prior to the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee under own initiative, the request of the employee himself, the petition of his immediate supervisor or the representative body of employees.
If the employer punished the employee outside the time limits specified in Art. 193 of the Labor Code of the Russian Federation, or as a basis for the “repeated” required for the grounds provided for in clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, applied the order on punishment, from the date of which it was passed more than one year, then the dismissal on the basis in question is recognized as illegal.

Practice:
An employee dismissed for repeated non-performancewithout good reason for labor duties, he went to court challenging his dismissal. During the consideration of the case, it was established that by the order issued in February, he was reprimanded for failure to comply with the July order No. 4. The deadlines for fulfilling the duties imposed on the plaintiff by the July order No. 4 were established by the same order until the end of August. Thus, it was established that the employer already in September knew about the plaintiff's failure to fulfill the obligations imposed on him by July Order No. 4, but punished him only in February, that is, with a delay in the deadline for imposing a penalty established by Art. 193 of the Labor Code of the Russian Federation (for punishment a month is established from the date of discovery of the offense). Considering the above, the court reasonably ruled that it was illegal to bring the plaintiff to disciplinary liability in the form of a reprimand. Guided by the provisions of clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, clarifications of the Plenum of the Supreme Court of the Russian Federation, the court, having established the illegality of bringing the plaintiff to disciplinary liability in the form of a reprimand by the February order, came to the correct conclusion that in such circumstances the dismissal of the plaintiff under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation for repeated non-performance by an employee without valid reasons of labor duties is illegal (decision of the Zheleznodorozhny District Court of Rostov-on-Don dated October 27, 2010; cassation ruling of the Rostov Regional Court dated November 29, 2010 in case No. 33- 14176).

Output: Punishment orders may also be recognized as illegal due to the delay in bringing the employee to disciplinary responsibility (later than the one-month period established by Article 193 of the Labor Code of the Russian Federation). In this case, “repeated” is also lost, which is so necessary for terminating an employment contract under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Summing up the analysis of the judicial practice of the successful reinstatement of workers at work after dismissal under clause 5 of h. 1 of Art. 81 of the Labor Code of the Russian Federation, it can be stated with confidence that restoration in most cases becomes possible only "thanks to" the mistakes of the employer.

If an employee, without a valid reason, repeatedly violates labor discipline and (or) does not perform his functions in full or on time, he can be dismissed for repeated failure to fulfill his job duties. This basis for dismissal is provided for by paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation.

Situation: what actions of an employee can be attributed to non-performance of labor duties?

Failure to fulfill labor duties is a violation of the requirements of labor legislation, obligations under an employment contract, local regulations (Labor Regulations, job descriptions, regulations, orders of management, technical rules, etc.).

Such violations, in particular, are:

absence without good reason at work or workplace;

refusal of an employee to fulfill his job duties without good reason due to changes in labor standards (Article 162 of the Labor Code of the Russian Federation);

refusal or evasion of an employee without good reason from a medical examination, if it is mandatory for him;

refusal of an employee without good reason from going through work time special training and passing exams in labor protection, safety measures, if it is a prerequisite admission to work.

This is stated in paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

Attention: When punishing an employee for repeated failure to fulfill his job duties, please note that these duties must really be assigned to him and enshrined in an employment contract, job description, etc. (Article 56 of the Labor Code of the Russian Federation). Otherwise, the employee can appeal the disciplinary sanction, citing the fact that the scope of his job duties did not include the one that he allegedly did not fulfill.

Conditions for dismissal

In order for dismissal on the basis of repeated failure to perform labor duties to be legal and justified, it is necessary to simultaneously fulfill the following conditions:

an employee does not perform work duties without good reason;

the employee commits a violation again, that is, he already has at least one uncancelled or outstanding disciplinary action in the form of a remark or a reprimand.

This is stated in paragraph 33 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

Attention: do not allow two disciplinary actions to be taken for the same violation. If, for example, you reprimand an employee for absenteeism and then dismiss him, the court can reinstate him at work. This follows from the provisions of Articles 193 and 394 of the Labor Code of the Russian Federation.

Dismissal procedure

Dismissal for repeated failure to perform labor duties is at the same time a disciplinary measure. Therefore, it must be carried out in accordance with the rules of Article 193 of the Labor Code of the Russian Federation.

Before imposing a disciplinary sanction, the very fact of the violation must be documented. Such evidence can serve as memo the immediate supervisor of the employee.

After that, ask the employee in writing explanation reasons for non-performance of labor duties. Determine if these reasons are valid or disrespectful. If the employee has not provided written explanations, draw up an act about this.

This procedure is provided for in parts 1 and 2 of article 193 of the Labor Code of the Russian Federation.

If a trade union has been created in an organization and a trade union member is dismissed for repeated failure to fulfill his labor duties, then the termination of the employment contract must be agreed with the trade union (part 2 of article 82 of the Labor Code of the Russian Federation).

What are good reasons

Situation: What reasons for the employee's failure to fulfill his job duties are considered valid and do not allow him to be dismissed on this basis?

There is no list of valid reasons for non-performance of labor duties in labor legislation. This issue is decided by the head of the organization in each specific situation, taking into account all the circumstances that influenced the employee's behavior (Article 193 of the Labor Code of the Russian Federation).

For example, for non-attendance at work, good reasons can be recognized as disruptions in the work of public transport, illness of an employee, accident, natural disaster and other emergency circumstances. However, for this, the employee must not only name the reasons for the absence, but also document their validity with certificates from the relevant enterprises, certificates, sick leaves, etc.

The unlawfulness of the requirement to fulfill:

work that is dangerous to the life or health of an employee (part 7 of article 220 of the Labor Code of the Russian Federation);

heavy or harmful work not provided for by an employment contract (part 7 of article 220 of the Labor Code of the Russian Federation).

Dismissal period

Dismissal must be carried out no later than one month from the date of discovery of the offense and six months from the date of its commission (part 3 of article 193 of the Labor Code of the Russian Federation). The course of this period is suspended for the time:

employee illness;

employee leave (main, additional, educational, unpaid leave);

necessary to agree on the punishment with the trade union.

This is stated in part 3 of article 193 of the Labor Code of the Russian Federation and paragraph 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

For more information on the timing of the disciplinary action, see How to discipline an employee .

Dismissal registration

When all evidence of employee non-performance has been collected, draw up a termination order.

The organization may, of its own choice:

use a uniform order form No. T-8 if it is approved by the head of the organization in the order on accounting policy;

apply an independently developed order form approved by the head (provided that it contains all the necessary details provided for in part 2 of article 9 of the Law of December 6, 2011 No. 402-FZ).

This procedure follows from part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ.

Familiarize the employee with the order against signature within three working days from the date of its publication (not counting the time the employee is absent from work). If the employee refused to sign the order, draw up an act of refusal (in any form). This is stated in part 6 of article 193 of the Labor Code of the Russian Federation.

After the publication and approval of the order, make a record of the dismissal in the employee's work book (clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation). And close the employee's personal card (Resolution of the Goskomstat of Russia dated January 5, 2004 No. 1).

An example of a dismissal for repeated failure by an employee to fulfill his job duties

Cashier A.V. Dezhneva, without good reason, refused to comply with the order of her immediate superior - chief accountant A.S. Glebova.

Glebova made memo addressed to the director about Dezhneva's failure to fulfill her job duties.

Dezhneva indicated the reasons for her behavior in explanatory note .

Earlier, Dezhneva had already been disciplined for being late for work. Therefore, the head of the organization decided to fire her for repeated failure to fulfill her job duties. The dismissal was formalized by order according to the form No. T-8. A record of dismissal due to repeated failure to perform labor duties was entered in the employee's work book.

As practice shows, employers often ask the question: “what to do if an employee is negligent about the functional duties assigned to him when concluding an employment contract”?

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The first step in this situation is to determine what refers to the "failure to perform labor duties" before making any decision and taking any action against the employee.

What does it mean

The main labor duties are established by the Labor Code, which provides clear explanations for them. But the functional responsibilities must be described in detail in the employment contract that the employer concludes with the employee.

In addition, the company must develop instructions for job responsibilities. Employers of some enterprises fix them in local acts, collective agreements, orders.

Functional or job responsibilities in accordance with the requirements of labor legislation are determined by the profile of the enterprise, its main production activities.

The concept of "job duties" denotes the main task that an employee of a certain position must perform at a specific facility, a section of the technological chain of the work process.

As a rule, its main task consists of specific work processes and operations. For example, control over the timely execution of the preparation of working documentation.

The employee is obliged to enter information about the registered documents into the computer database, make a note on the timing of their submission, and draw up a report on implementation.

In this case, the duties of the employee include compliance with:

internal labor regulations;
the established deadlines for the delivery of documentation;
ethical standards of labor communication;
confidentiality of service information.

If the employee fails to fulfill his job duties, the employer has the right to impose a disciplinary penalty on him, the type of which depends on the severity of the offense committed by the employee of the offense.

According to generally accepted rules, a measure is applied to an employee for the first violation in the form of an oral reprimand, for the second - in writing, with an entry in work book, and as a last resort - dismissal with the wording “under the article for systematic failure to comply functional responsibilities».

Dismissal procedure

The form contains:

information about the employer, his full name, legal address;
start date labor relations with an employee;
personal data of the employee;
information about the position held, workplace.

It should contain information on previously drawn up memoranda, acts, explanatory notes confirming the facts of violations of labor discipline.

In the order, it is necessary to indicate the basis for dismissal in accordance with the instructions, the measures taken on the facts of the employee's failure to fulfill his duties.

What can be the consequences

The employer is obliged to familiarize the accepted employee with the job description, his duties when concluding an employment contract with him.

After familiarization with future duties, the employee must, according to the instructions of the Labor Code, sign in the appropriate journal.

The procedure is carried out before the employment contract is signed. If it is not carried out, then the employer is deprived of the right to apply measures of influence to him, including dismissal for non-performance of official duties at the assigned workplace.

Also, the employee must be introduced to the internal regulations, local acts that are directly related to the performance of his job duties.

Failure to fulfill functional duties is one of the violations of labor discipline. Dismissal of an employee on this basis can be carried out if:

previously, any form of disciplinary action was applied to the employee due to non-performance of official duties;
the employee does not have a valid reason explaining the violation related to non-performance of labor duties.

For the first violation, the employer has the right to pretend by making a verbal remark in accordance with the resolution of the plenum of the Supreme Court, which was published in March 2004. If the employee continues to commit violations, then he will be given a written reprimand.

Dismissal of an employee under the article of the Labor Code “for repeated failure to fulfill official duties” is a fairly widespread disciplinary sanction. Its application requires the employer to strictly adhere to the rules and procedures established by law, otherwise the employee will be able to successfully challenge it in the labor inspectorate or in court.

Compliance with labor discipline and punishment for its violation

The Labor Code of the Russian Federation calls the discipline of labor the obligatory subordination of all employees of the organization to the rules of conduct established in it.

This is a necessary condition of work, without which the goal of joint labor process unattainable.

V general view the rules of conduct (in the form of the basic rights and obligations of employees) are named in Art. 21 of the Labor Code of the Russian Federation. However, in each organization, they must be specified in a collective agreement, local regulations(internal labor regulations - PVTP) and labor contracts with employees.

Disciplinary sanction is a measure of punishment of an employee for a disciplinary offense committed by him, which is understood as non-performance / improper performance by him through his own fault of the labor duties entrusted to him (Article 192 of the Labor Code of the Russian Federation).

In this case, the employer has the right to apply to the guilty employee only those measures that are established by Art. 192 TC:

remark (least severe);

reprimand (more severe);

dismissal (a last resort, imposed only in cases specified by law).

Obligations should be precisely labor (official, if the employee holds a position), and their failure / improper performance may constitute a violation by the employee:

requirements of the law;

their obligations under the employment contract;

PVTP;

job descriptions, rules, etc .;

orders, orders, instructions from the management, etc.

Disciplinary Action for Multiple Failure to Perform Official Duties

timely publication of an order on the application of a penalty in the form of dismissal;

familiarization with the employee against signature;

on the day of dismissal - the issuance of a completed work book to him and the implementation of the final settlement with him.

The order and the entry in the employee's work book must contain a link to clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation. The wording of the dismissal may look like this: “dismissed due to repeated non-performance by the employee without good reason of his labor duties, if he has a disciplinary sanction, paragraph 5 of the first part of Article 81 of the Labor Code of the Russian Federation.

However, before issuing a dismissal order, an explanatory statement or an act on the employee's failure to provide an explanation or on refusal to give him must be received from the employee. It is noted that the mere fact that the employee was not required to provide an explanation when issuing a separate order for dismissal does not constitute grounds for reinstating the employee at work, if such an explanation was requested before the decision was made to apply a disciplinary sanction to the employee.

On the specifics of making decisions on labor disputes about dismissal and about transfer to another job, you can learn from "Encyclopedias of Judicial Practice. Labor Code RF " Internet versions of the GARANT system. Get it for 3 days for free!

The experts also draw attention to the fact that when an employee is fired in accordance with the order, it is necessary to indicate both the misconduct committed by the employee, which was the basis for the dismissal, and the disciplinary sanction (penalties) of the employee, which was taken into account by the employer when applying the punishment measure in the form dismissal for repeated non-performance without good reason of official duties ().