The dismissal procedure is regulated Labor Code of the Russian Federation... The main act of labor legislation contains a list of articles that describe the grounds for dismissing a person. In the process, it is important to take into account various nuances: from the correct paperwork to psychological aspects.

Stages (procedure) of dismissal

The termination procedure consists of a number of steps. In order for this process to proceed in compliance with all the requirements of labor legislation, it is important to take into account each of them.

In the process of dismissal, you must go through the following stages:

• acceptance and registration of the application;
• publication and registration of the corresponding order;
• familiarization of the resigning person with this document;
• registration of a note-calculation;
• making a full payment with the resigning person;
• a record of the fact of dismissal in the company's accounting documents;
• receipt by an employee of a work book with a corresponding mark (confirmed by the employee's own signature);
• the employee receives a salary certificate (sometimes this step is initiated by the employer, but more often a certificate is issued at the request of a resigned employee).

Dismissal of your own free will. Writing a statement

The easiest way to get fired. Implies serving statements an employee independently. The employer, seeing that his subordinates are not fulfilling their duties, can push him to write a letter of resignation. An employee in this situation receives a good recommendation for further employment.

Dismissal of your own free will- the best option. This process takes place quickly and without mutual discontent. The employee writes the application and the employer provides a good recommendation. Download an example of such a statement

It is necessary to dismiss an employee as delicately as possible, without unleashing conflicts on both sides!

In case of refusal to write a statement of his own free will, you can use other approaches, but in no case should threats be allowed. This will make it difficult for the employee to leave and add problems to the employer.

The employer can do the following:

• Collect a dossier on an employee (complaints from other subordinates, dissatisfaction from customers, memoranda, etc.).
• Create unfavorable conditions at the workplace (transfer part of the work to other employees, deprive of bonuses and higher wages, prevent movement up the career ladder, etc.).

An employee may react ambiguously to this state of affairs. After collecting the dossier, the employer calls the employee for a conversation. In the process of communication, the employer explains to his subordinate that there are facts that indicate unfair work, and it is better to leave on their own than in violation of one of the articles of the labor law. The employee usually agrees to write the statement.

By watching this video, you will learn the correct procedure for dismissal of your own free will. What legislative subtleties does the employer rely on when using this form of suspension from the workplace, and why should the employee still write a statement.

Dismissal of an employee by agreement of the parties

Dismissal by agreement of the parties- one of the best ways to leave the workplace. The employer, after preliminary negotiations with his subordinate, can fire him at any time, even in cases where the employee is not currently at work due to vacation.

Download an example of an application for such a dismissal option

One of the parties, which initiates, sends to another person a written or oral proposal for the purpose of discussing the issue. After negotiations and reaching an agreement of both parties on the termination of joint work, an agreement is drawn up.

It is best to draw up it in writing, indicating the date, reasons for leaving the post, as well as the conditions that the employer undertakes to comply with. This form of the document guarantees the legality of the actions of the resigning person and the employer. After signing by both parties, a corresponding order is issued and the contract is terminated. Cancellation of the agreement is possible only as a result of the consent of both parties.

With this form, the resigning person receives its advantages:

• A link to the Labor Code in the entry, which is drawn up in the labor code.
• The resigning person is guaranteed payments.

Compensation for a dismissed employee is paid in the amount specified in the contract. If the agreement does not say anything about the financial component, the payment will be equal to the amount established in the Labor Code. The compensation paid guarantees the employer that the agreement will not be canceled. Learn more about how to calculate your compensation.

In the event of an employee's disability, the employer may have the right to terminate the contract by mutual agreement.

By watching the video, you will learn how the dismissal procedure is carried out on the basis of mutual consent, what the employer relies on when deciding to dismiss the employee, how the situation is resolved peacefully and what the resigned person can claim.

Dismissal without the desire of the employee

As a result of economic losses, many enterprises seek to reduce their staff. Naturally, employees usually do not agree with this state of affairs and are reluctant to leave their place. In addition, dismissal can be the result of absenteeism, failure of certification, etc.

Dismissal for inadequacy of the position

Sometimes an employee is fired because of his inconsistency with the position... Removal from the workplace by passing appraisals... This state of affairs exists only in those firms and enterprises where there is a special document "Regulation on Attestation", with which all employees must be familiarized, and everyone signed, confirming their acquaintance.

Knowledge assessment is carried out by a special commission. Only professionals in their field should be members of the community of assessors, the leader is not required to be present.

The results of the certified person are drawn up in a separate order.

After passing the certification and receiving an unsatisfactory mark, the manager gives the employee a second attempt to retake the examination questions. In case of repeated failure, the employer has the right to demote his employee. In most cases, the employee disagrees with this and quits.

Removal from office is not possible if the certification has not been announced in advance.

Refusal of the given position is documented, and only after that the manager has the right to dismiss under the article in accordance with the Labor Code. The employer must be wary of dismissal, have a general idea of ​​the work of employees, take into account their positive qualities.

Dismissal for truancy

According to the Labor Code, the basis for removal from office may be a violation of labor discipline, including absenteeism. Release from the workplace is allowed if the employee is absent for 4 hours without a valid reason and an explanatory note.

As practice shows, the offender is not always dismissed immediately, most often the employee receives a warning, and then a reprimand with entry into a personal file. If absenteeism is repeated, the employee is fired. The release from the workplace is supported by several documents and facts: remarks, memos, complaints. The employee is dismissed within one month from the day of the misconduct.

Dismissal due to layoff

Dismissal on the basis of staff reductions is a rather time-consuming and very costly process. The employer is obliged, according to labor law, to pay compensation to the dismissed. The reduction occurs massively, taking into account the benefits of the enterprise.

The reduction of those employees who are dismissed must be notified two months before the actual dismissal. The employer has the right to offer the employee another type of employment or a change in working conditions:

• another workplace;
• reduction of working hours in the previous position.

If an employee is not satisfied with the conditions, he is laid off. In addition to wages, the employee receives from the enterprise a severance pay stipulated by law and compensation. For the organization, this is a huge financial cost, so the employer is looking for compromise conditions for himself and the employee.

Severance pay is paid on the last day of his tenure. It is 3 times the average monthly salary of an employee. If an employee contacts the employment center and cannot find a job, the employer will be forced to pay the former employee a monthly allowance. The amount of payments is equal to the size of his average salary for the last 2 months.

An employer cannot dismiss the following categories of citizens as a result of staff reductions:

• expectant mothers;
• mothers raising children without a father;
• women who have at least one child under the age of 3 years;
• employees on vacation or on sick leave.

Dismissal as a result of liquidation of an enterprise

When a company is liquidated, all employees, without exception, are removed from their posts. You need to notify the company about the termination of work 2 months in advance.

The employer draws up a written notice in duplicate, signed by both parties, one of which is with him, and the other is given to the employee. After 2 months, the employer issues a corresponding order and draws up the necessary records to the employees in the labor.

Upon dismissal on this basis, compensation is paid to all those dismissed. Its amount is determined as the amount of the severance pay, plus any payments due.

Dismissal on probation

An employee who passes the probationary period may be released from the workplace on his own initiative, as well as in case of unsatisfactory results, poor performance of duties or other faults.

The employer draws up the relevant document and submits to the dismissed person for signature. Even if he does not sign, the order is still issued, and the employee is dismissed. After such a procedure, he is given a labor document and a document with an account, which indicates the amount of salary.

An employee, while on probation, can resign on his own initiative. He must notify the employer of his decision in advance. The order is drawn up on the basis of an application from the resigning person. The employer enters a mark in the labor document and issues a calculation.

Many enterprises provide for working off. When dismissed from office on this basis, they are 3 days, and the countdown starts from the date of submission of the application. At the request of the employer, working off may not take place.

Dismissal as a result of not passing the probationary period

If the employee did not cope with his direct responsibilities during the probationary period, the employer has the right to dismiss him from office. The employee is sent a written document terminating the agreement. After that, a corresponding order is issued, a note is made in the labor code, the accounting department makes the payments provided for by the Labor Code.

Dismissal of an employee who is missing

Dismissal from the workplace on this basis is not carried out immediately. First, a document is drawn up stating that the employee did not appear at the workplace, and search activities begin. Calls are made to relatives and friends, notifications are sent to the addresses indicated in the personal file.

If these actions were unsuccessful, another person is assigned to the position of the missing employee. The employer draws up an employment agreement with the substitute employee. Such an agreement is terminated when the main employee appears at the workplace.

Only a court can recognize a person as missing. Only in this case the agreement is terminated with him. Recording in labor, the corresponding order can be issued with a few months or even years after the date of disappearance.

The payroll and salary are received by the relatives of the missing person. To do this, they just need to provide documents that confirm their relationship with this person.

Documents issued upon removal from office

The employer, after termination of the employment agreement with his employee, is obliged to issue him the following the documents:

• work book with appropriate marks (see also:);
• 2-NDFL;
• certificate of average earnings for the last 3 months.

How to correctly say about dismissal. Psychological help

It is not always possible to dismiss an employee from the workplace without consequences. Important tactfully explain to the employee that the firm or enterprise no longer needs his services.

Firing starts with explaining to the employee the reasons for his dismissal... Here we can say that he creates a bad atmosphere and does not fulfill his official duties. It is important that the employee understands that they are being fired for a reason, but for certain reasons. You can also try negotiation environment, the manager and the employee sit down at a round table and discuss the current situation.

The employer is obliged to inform the employee that there will be another conversation with him a few days before his dismissal. It is necessary to warn the employee in order for him to collect his thoughts and calm down. The employer can inform the employee about his removal from office at the interview, discuss the problems that his firm could not solve and what exactly needs to be done to change this state of affairs.

An unexpected dismissal from a job is stressful for a person. New tasks arise: finding a job and a livelihood. Important calmly and delicately tell the dismissed the unpleasant news.

Before you fire an employee, read the basic provisions of the Labor Code. In any situation, you need to try to come to an agreement. All controversial issues between the dismissed and employers are resolved in court.

How to fire a negligent and arrogant employee

* This material is over three years old. You can check with the author the degree of its relevance.

How to fire a negligent and arrogant employee

Algorithm for dismissing an employee in the absence of formal grounds for this. The labor code is on guard for the employer.

I would venture to suggest that many lawyers working in labor law, as well as employees of the HR department, are familiar with the following situation: the manager (client) sets the task of dismissing the employee, but there is no reason for this. Naturally, we are talking about the grounds enshrined in the Labor Code of the Russian Federation. Informal grounds, as a rule, are enough in such a situation: an employee can be quarrelsome, untidy, disloyal, and so on.

And there are times when an employee, knowing about his invulnerability and protection from the law, deliberately behaves in such a way as to demonstrate to the employer his helplessness. The following situation can be cited as an example of performing actions according to the last scenario. The author of the article was approached by the head of the organization, who said that one of the drivers sabotaged the activities of the structural unit to which he was assigned: when performing work assignments, he observes all traffic rules, moves exclusively along the right lane, deliberately chooses routes with the most intensive traffic. Naturally, the question was asked, can he be fired?

The answer, it would seem, is obvious: no, it is impossible, the dismissal will be illegal.

But is it really so? Can a way out of this situation be proposed? Indeed, in some cases, there are so many informal reasons for parting with an employee that the continuation of his work in a team is fraught with the risk of dismissal of other employees.

In civil law, there is such a concept - "abuse of law." The prohibition on abuse of right is established in Article 10 of the Civil Code of the Russian Federation, which, as a consequence of abuse of the right, indicates a possible refusal of his judicial protection. There is no such concept in labor law. In practice, there are situations when an employee abuses his rights.

In this case, we will not discuss options for dismissal of our own free will in the sense of the well-known aphorism: "most of the resignation statements of our own free will are written under dictation." Also, we will not talk about a very convenient, in my opinion, basis for dismissal - "by agreement of the parties", although I strongly recommend using it.

I propose to take a close look at the list of grounds for dismissal at the initiative of the employer - Article 81 of the Labor Code of the Russian Federation.

Obviously, the vast majority of subparagraphs of Article 81 require the employee to perform certain actions or inaction that entail legal consequences. It is impossible to "invent" absenteeism, which in reality did not exist, as well as to declare an employee inappropriate for the position held without carrying out the established procedures. “Loss of confidence” should not be imputed to a person who is not associated with monetary or commodity values, etc.

In this case, the employer's lifebuoy can be clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation - repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary penalty.

Anticipating objections, such as: “for the application of clause 5 of part 1 of article 81, the employee must also perform certain actions” - I agree and point out that I do not consider this ground as a correct way to dismiss an employee. However, having experience of working with enterprises of different levels and an idea of ​​the level of labor discipline, I can assume that the probability of successful application of clause 5, part 1, article 81 of the Labor Code of the Russian Federation in most cases is high.

So, what should you pay attention to when applying clause 5, part 1, article 81 of the Labor Code of the Russian Federation?

First of all, it is necessary to revise local regulations related to a specific employee. An ideal situation is when not only an employment contract is signed with an employee, but also a job description, the employee is familiarized with the Internal Labor Regulations under his signature. Moreover, it is important that all these documents are not formally drawn up (taken from the Internet, the legal framework), but adapted to the situation at a particular enterprise. Rules and prohibitions important to the employer must be defined in writing. Otherwise, it may turn out that the dismissed employee becomes practically invulnerable: even allowing obvious violations of labor discipline, he will not be held accountable. And the person involved will always be able to challenge the disciplinary sanction in court.

The determination of the IC in civil cases of the Moscow City Court dated October 12, 2010 in case No. 33-31970: “A disciplinary offense is a guilty, unlawful failure to perform or improper performance by an employee of his job duties, including violation of job descriptions, regulations, orders of the employer ... The unlawfulness of the actions or inaction of employees means that they do not comply with laws, other regulatory legal acts, including regulations and statutes on discipline, job descriptions. "

Analyzing local documentation, it is necessary to determine whether the employer can "provoke" a violation of labor discipline by an unwanted employee: give tasks (in writing and within the scope of the employee's job function), set deadlines, officially approve the dress code, simply become more vigilant in relation to the employee.

The determination of the Investigative Committee on civil cases of the Moscow City Court of October 12, 2010 in case No. 33-31970: “The decision of the first instance court was canceled, since the first instance court, examining the grounds for applying disciplinary sanctions to the plaintiff in the form of reprimands, did not find out which specific the violations served as the basis for the application of these penalties and whether these violations are directly related to the labor duties imposed on the plaintiff ”.

At the same time, it should be borne in mind that the employer's excessive activity in this matter will be noticeable to the court, especially if it manifests itself in relation to a specific employee, therefore, in order to avoid accusations of discrimination, you should carefully analyze your actions and published documents.

Other relevant articles on labor law:

The second important point is the understanding by the employer of the order and procedure for bringing to disciplinary responsibility.

According to clause 2 of article 192 of the Labor Code of the Russian Federation, on the basis of clause 5 of part 1 of article 81, it refers to disciplinary sanctions. Consequently, the employee must be brought to disciplinary responsibility in compliance with Article 193 of the Labor Code of the Russian Federation, not only when imposing an initial disciplinary sanction, but also upon direct dismissal.

The algorithm for imposing a disciplinary sanction is as follows:

1. We draw up a memo from the immediate supervisor of the dismissed employee to the name of the director or another person whose functionality includes disciplinary action. In the note, we describe the event that took place, for example, being late for work, rude communication with the client, if this is prohibited by the job description, etc.

2. We draw up and hand over to the signature of the dismissed employee a document - the requirement to give an explanation - in which we indicate what violation of labor discipline was identified, and ask for an explanation on this fact.

Determination of the IC in civil cases of the Moscow City Court dated February 14, 2011 No. 33-3831: “Since Article 193 of the Labor Code of the Russian Federation is of a guarantee nature, it obliges the employer to apply a disciplinary sanction request a written explanation from the employee».

The employee's refusal to receive the demand is recorded in the commission act, or a record of this is made on the demand and signed by two or three witnesses of the refusal.

3. After two working days ( workers days dismissed employee) in the absence of explanations, we draw up a commission act on refusal to provide an explanation. In the act, the commission records that no explanations were received from the employee on a certain date. It should be noted: even if the employee, at the time of delivery of the request to give an explanation, said that there would be no explanation, it is possible to activate the refusal and take further actions only after two working days. Otherwise, the procedure will be considered violated due to the deprivation of the employee of the right to self-defense in the form of a statement of his position in fact.

4. We issue an order on bringing the employee to disciplinary responsibility, indicating one of the possible sanctions provided for by Article 192 of the Labor Code of the Russian Federation (in our case, if we are talking about the first recruitment, a reprimand or reprimand). In the order on the imposition of a disciplinary sanction in the form of dismissal, it is necessary to indicate the data of previous orders, in accordance with which the disciplinary liability has not been removed from the employee. It is important for employers to know that the code does not provide for other sanctions: it is impossible to fine, “punish with the ruble,” as many employers practice. If an employee caused damage by his actions, his recovery is carried out in a strictly defined order, which has nothing to do with disciplinary liability.

5. Within three working days, we familiarize the employee with the order to impose a disciplinary sanction. If the employee refuses to sign the order and confirm his acquaintance, we draw up an act about this. The procedure is complete.

Since we are talking about the application of clause 5, part 1, article 81 of the Labor Code of the Russian Federation, the procedure described above will need to be carried out at least twice (and for "stability" - three times). At the same time, the grounds (misconduct) should be different due to the direct prohibition to bring twice for one disciplinary misconduct, which is important in relation to continuing violations. Dismissal will be a sanction of repeated (or third) disciplinary proceedings against the person.

An important component of the correctness of the procedure is compliance with the deadlines established by Article 193 of the Labor Code of the Russian Federation: a disciplinary penalty 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 court, it will be the employer who will have the obligation to prove the fact that the deadlines have been met (for these purposes, the memorandum mentioned in the description of the procedure is needed). Obviously, in this case we are talking about a calendar month, the vacation can be either regular or unpaid leave, and if the unpaid leave in its duration exceeds six months, it will be impossible to bring the employee to responsibility outside of it. An exception is an ongoing audit of financial and economic activities (revision, audit), which allows the employer to hold the employee accountable within two years. However, in the case of an audit, the court will establish at what point it was started: whether when the employer found out (or should have learned) about the disciplinary offense, whether an audit was carried out in the last days of the two-year period for its artificial extension. If such a circumstance is established, the disciplinary sanction will be declared unlawful as imposed outside the time limit for bringing to disciplinary responsibility.

Another important nuance regarding the timing of the application of clause 5, part 1 of article 81 of the Labor Code of the Russian Federation is the preservation of the status of "brought to disciplinary responsibility." Article 194 of the Labor Code of the Russian Federation establishes a one-year period for this, which can be reduced by the employer. Accordingly, the re-bringing of the employee to disciplinary liability should take place within a year from the date of the first order. Otherwise, there will be no sign of repetition required for the application of clause 5 of part 1 of article 81.

An interesting point worth noting was the subject of consideration by the Perm Regional Court (the cassation ruling of the Perm Regional Court of 02/01/12 in case No. 33-1015-2012). Employee S. committed two independent disciplinary offenses on the same day - 04/27/11. Clause 5 of Article 81 of the Labor Code of the Russian Federation. The court, recognizing the dismissal unlawful, indicated that the disposition of paragraph 5 of Article 81 requires the person to have a disciplinary sanction at the time of the second offense. And vice versa: in order for the dismissal to be legal, the person who has a penalty must commit a new offense. Meanwhile, in the period from 30.04.11 to 06.05.11 S. did not commit any disciplinary offenses.

From the above, it should be concluded: misdemeanors committed on the same day, if the person does not have penalties (or within the framework of the procedure for bringing the person to disciplinary responsibility for the first time), cannot be used to dismiss an employee on the basis of paragraph 5 of part 1 of Art. .81 of the Labor Code of the Russian Federation.

The situation is similar in the following situation: an employee who has been brought to justice writes a letter of resignation of his own free will, and within the 14-day notice period for dismissal commits a second (possibly third, and fourth ...) disciplinary offense. The natural desire of the employer is to dismiss the employee not of his own free will, but on his own initiative, applying paragraph 5 of Article 81. However, guessing about the consequences, the employee goes on sick leave. Accordingly, the employer does not have time to complete the procedure for issuing a disciplinary sanction before the expiration of the 14-day period. In this case, after 14 days, the employee must be dismissed of his own free will, despite the fact that both in fact and legally the employer had the right to bring the employee to disciplinary responsibility.

Thus, applying clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation, many features should be taken into account. However, the procedure for applying this paragraph is simple, despite the seeming cumbersomeness. In any case, it is this clause that enables employers who own a business in conditions of "tied hands" to protect their interests if employees abuse their rights.

(№1/2013)

foreign workers, personnel records management, staff reduction, labor law, labor disputes

As a practicing psychologist, I often hear from my clients questions related to family business. And before giving specific recommendations, I always try to analyze the origins of the problem situation.

The reason why many entrepreneurs strive to make a relative a business partner is quite understandable: it is the desire to have a person by your side whom you can completely trust. Total mistrust is one of the widespread diseases of Russian business. Therefore, many succumb to this temptation.

Why are there problems in the family business? The main reason is that the relationship itself is very intense, emotionally intense. Therefore, keeping the peace is always a huge problem in any intense relationship, be it marriage or friendship. Now let's multiply the risks of close family relationships by the risks of equally close relationships in business. The combination of both becomes a literally explosive mixture. That is, the conflict in these relations was already laid down from the very beginning.

Let me give you an example. The head of a trade and production holding attracted his older sister, who did a lot for his upbringing, to manage one of his companies. Two years later, it turned out that the sister was too loose with the company's money and caused him nearly three million dollars in damage. It is clear if the employee behaved dishonestly - this is one thing, if a loved one did it - this is a personal tragedy.

The main reason for conflicts in family companies is that their founders often do not take into account that successful business relationships are hierarchical and structured, and that related ones are more of a parity. Therefore, the functional and role expectations of all participants in the family business should be very clearly spelled out. That is, each partner must unambiguously understand his role and his functions, and in the same way as the other understands it. And first of all, it concerns making significant decisions. It is important that, according to Suvorov, "every soldier knows his own maneuver."

What advice can you give if the situation has reached an extreme point and you can no longer work together? One must be able to look at it from the outside. Imagine that you are telling someone else about this and at this moment you are not a nephew, not an uncle, not a son, not a father, you are a leader. Eliminate all emotions and actualize your very managerial role. This can be extremely difficult to do, but this is the only effective recipe. As a result, you will be able to give a more objective assessment of the actions of the employee-relative, which will help you decide on this difficult step.

But my main advice: before starting a business with your loved ones, you need to measure it a hundred times and cut it off only once. Good relationships (and family relationships, all the more so) in themselves have an independent value, many times higher than the value of business relationships. And going through the crucible of business with a loved one, we put this relationship in serious danger.

Lawyer's phone number in Moscow +7 (499) 703-51-48 in St. Petersburg +7 (812) 309-42-67

The Presidium of the Supreme Court of Russia approved a review of judicial practice on how to punish officials for violating anti-corruption bans

In fact, the document instructs officials to stay away from their relatives in the service, even if the situation seems innocent to someone. For example, if the bailiff has to collect a debt from his own father.

Or the representative of the administration can decide whether the wife's company can receive a government order.

Wherever the interests of the service intersect with family ties, the official must first inform his management. Otherwise, the career of a clerk will come to an end.

As the Russian Supreme Court explained, an official can be fired even if the family won nothing. Let's say the contract went into the wrong hands, and the clerk didn't even try to please his loved one. The very fact of silence about the fact that relatives of the official were included in the number of applicants for the state order is already a violation.

For example, in the Ivanovo region, the deputy head of one of the city administrations was a member of the commission for holding an auction for the right to lease a land plot. And his wife tried her hand at the auction. But she lost. However, the husband was still fired for failing to warn the management about his wife's participation in the auction.

In court, the official assured that everything was fair.

There is no reason not to believe him. However, the official seems to have underestimated the rigor of anti-corruption regulations. He believed that he did not have any conflict of interest, since his participation in the commission could not affect the results of the auction.

Nevertheless, the law obliges officials to be on the alert even in the event of a hypothetical conflict of interest (that is, when there is a danger of confusing their pocket with the state one). Therefore, it is always necessary to warn the management when official affairs somehow overlap with the affairs of the family.

In total, from 2012 to 2015, due to the loss of confidence, about 1.2 thousand officials were dismissed throughout the country.

In this case, as explained by the Supreme Court of Russia, the fact that the plaintiff's wife (and the official tried to appeal against his dismissal in court) did not become the winner of the auction has no legal significance. Indeed, according to the Law "On Combating Corruption", a conflict of interest is understood as a situation "in which the personal interest (direct or indirect) of a municipal employee not only affects, but can also affect the proper, objective and impartial performance of his official (official) duties."

If the plaintiff's wife wins the auction for the right to conclude a lease agreement for a land plot, an appropriate agreement would be concluded with her, on the basis of which the plaintiff's wife would have property rights to the land plot. Consequently, under these circumstances, there was a personal interest of the former boss. Therefore, the dismissal was recognized as legal.

Moreover, the notification must be official. It is not enough to whisper, figuratively speaking, in the ear of the management, it is necessary to report it in writing. This is evidenced by the sad story of a bailiff from the Kemerovo region - another example from the review. The woman had to collect the debt from her own father. It is difficult to imagine her feelings when materials on a parent got to her desk. But, as the woman assures, she fulfilled her official duty honestly: measures of compulsory execution were taken to her father.

True, the bailiff was dismissed anyway due to the loss of confidence. Reason: she did not report, as it should be, about the family and service problem that had arisen. In addition, doubts arose about her conscientiousness. Although she took some measures, it seems that she did not do everything that was possible. While she was busy with the case, her father managed to sell the car, and it was not possible to collect the debts from him. Now there is nothing to take from him.

In court, the bailiff claimed that she had verbally informed her superiors about her relationship with the debtor. She believed that by doing so she declared her self-rejection and complied with the requirements for the prevention or settlement of a conflict of interest. But the court upheld the dismissal.

As stated in the review, the bailiff had to inform the immediate superior of a personal interest that could lead to a conflict of interest, and to declare self-rejection in writing prior to the commencement of enforcement actions against the father.

By the way, in the future, officials dismissed for loss of trust may have problems with further employment. At the very least, they are unlikely to be able to get a serious job, especially a government one. Now the State Duma is considering a bill proposing to create a unified register of persons dismissed from the civil service due to the loss of confidence.

According to experts, on this basis, from 2012 to 2015, about 1200 persons were dismissed from their posts. People have lost their posts for various reasons, including false statements on income. It is assumed that the list of officials dismissed due to loss of confidence will appear on the Federal Portal of Civil Service and Management Personnel.

If you are planning to lay off several (two or more) employees, be sure to specify the same terms of "parting"... People communicate with each other, and it is not in your best interest to give an additional reason for dissatisfaction and rumors in the team.

When discussing with a person about dismissal, in no case justify the choice of his candidacy by professional characteristics. Try not to bring up this topic at all during the conversation about the upcoming dismissal. If you need to fire several employees from a department, try to explain to people that they were more likely to be on the list of candidates for dismissal. formal signs(length of service in the company, salary, etc.). We can say, for example, that the area where the employee works is not the most important for the company, and therefore it was decided to redistribute functions between other departments or other employees.

Be sure to say that you are very sorry to part with such an employee that you are sincerely sorry that the person will leave the company. During such a difficult conversation, it is very important to show the person that the company values ​​him, although circumstances force him to leave. Do not forget to talk about the general state of the company - "times are difficult, there are reductions in the whole company."

Provide the person choice- for example, if you need to reduce the number of employees by March 1, tell them that your employee can choose from what day during February he will write a letter of resignation. Not everyone will choose the last days of February, there will certainly be those who want to write an application as soon as possible.

Be prepared for different emotional reactions - some people may start crying right in your office. Try to be as polite and affectionate as possible with the person. Offer water, soothe. But let's understand that tears will not affect the situation with dismissal.

Do not expect that from the first conversation you will decide the issue completely. Do not offer to immediately sign documents or write a statement in your presence of your own free will. Be prepared for the need to meet with each person at least twice.

Don't be aggressive. If a person says that he will not quit by agreement of the parties or will go to court, you should not threaten and enter into a conflict. Take the right position in the negotiation process. One of the mistakes is to take an aggressive stance in response to the employee's aggression. If a person understands that you are not at war with him, but you are doing your job, the aggression will disappear.

Necessarily listen to man- you need to understand the situation, understand his needs. It often turns out that a layoff record is necessary in order to join the labor exchange or receive some kind of subsidy. Understand the real needs, and if possible, try to meet the person halfway.

Give time to think... Prepare all documents for the employee to read them. It will be easier for a person if he goes home, cries again, “lives through” the situation, and calms down. Guide the person in a constructive direction: "Look at all the documents, check if everything is correct."

Suggest options for participation in his future fate: offer to make a letter of recommendation on the company's letterhead, advise him to talk to the head of another business unit. but don't make a commitment- do not promise to talk to someone, "put in a word", this can be perceived as a promise to employ him, which you will not be able to fulfill later.

End the first meeting constructively - set a date for the next meeting... For example, in a week. And keep in mind that people in such a situation can get sick, break a leg, etc. Often this is done completely unconsciously.

Do not be discouraged if the first such conversations with your employees are not easy for you and will not immediately lead to results that will suit both parties. Over time, you will learn to talk to people even on such difficult topics, and thereby acquire another skill that is valuable for any leader.