Article of the RF Labor Code 77: termination of the employment contract. Comments
Dismissal - an important and crucial stage is notonly for an employee of an organization, but often for his family and friends. Russian legislation exhaustively regulates all aspects of dismissal. Article of the Labor Code of the Russian Federation No. 77 establishes the legal grounds for the termination of the contract. The labor legislation also defines aspects of dismissal and the necessary formal procedures.
Comments on Article 77 of the Labor Code of the Russian Federation
This article, as already mentioned above,establishes the reasons for which the employment relationship can be terminated. Article of the Labor Code of the Russian Federation No. 77 is a legal guarantee of labor law that does not contradict the Constitution. Termination of the contract is possible when three conditions are simultaneously met:
- There are reasons established by law.
- Compliance with the order of dismissal.
- There is an order for dismissal.
Part 1 of Article 77 of the Labor Code of the Russian Federation (paragraphs1-4) states that the contract can be terminated at the request of the employee or employer, as agreed by the parties or because the contract expires. The contract is also subject to termination in the following cases:
- if the employee is transferred to another employer or to an elected position;
- when the employee refuses to perform his labor duties due to a change of ownership, changes in subordination, reorganization of the enterprise;
- If the employee refuses to continue the work due to new changes in the contract;
- when transferring an employee to another position for health reasons;
- if the enterprise moves to another locality;
- if there were circumstances that did not depend on either party;
- in case of violation of the rules for concluding employment contracts and inability to continue work in the future.
Employee Initiative
Article 77, paragraph 3 of the Labor Code of the Russian Federation,that the employee can be dismissed on his own initiative. This is based on the principles of freedom of labor and choice of place of work. At the request of the employee, the employment relationship can be terminated at any time. In addition, article 77, paragraph 3 of the Labor Code of the Russian Federation contains a reference to Article 80 of the RF Labor Code. TC, according to which the employer must be notified about this 14 days prior to the date of dismissal in writing, moreover, it can be done not only during the performance of labor duties, but also on vacation, during illness.
If the reason for the dismissal is impossibilitycontinuation of work for objective reasons (study, pension, violation of the employer's labor law, conditions of collective, supplementary agreements), the contract must be terminated within the time specified in the application. Also, the employee can withdraw the application for dismissal if the employer has not found a replacement for him. The termination of the contract in this case is not made.
Employer Initiative
Article of the Labor Code of the Russian Federation No. 77 in paragraph 2says that dismissal can be an initiative of the employer. On the initiative of the management, the employee may be dismissed for the following reasons (in accordance with Articles 71 and 81 of the RF TC):
- Unsatisfactory passage of probation.
- Changes in working conditions.
- Expiration of the validity period of the contract.
- Liquidation of the enterprise.
- Real staff reduction.
- Mismatch of the position held for medical reasons or the results of attestation at the enterprise.
- Change of the owner of the enterprise.
- One-time gross or repeated non-fulfillment of labor obligations.
- Loss of trust.
- An immoral act if the employee performs work related to upbringing.
- Unreasonable decisions that caused losses, or gross violations by management.
- If during employment the employee has provided false information or false documents to the head.
- The expiration of the validity period for access to sensitive data, if the work with them is connected.
- Due to circumstances stipulated in the employment contract.
- For other reasons established by this law.
Agreement
Paragraph 1 (Article 77 of the Labor Code of the Russian Federation) states that the contract can be terminated by agreement of the parties. This can be done regardless of the validity period of the contract.
In practice, employers themselves offerterminate the contract on this basis, when there are no other legal grounds for dismissal. However, this requires the employee's desire. Both the employee and the employer can give information about dismissal by agreement of the parties either verbally or in writing. The end date of the contract is also agreed upon.
The order of dismissal
The procedure for the termination of relations is alsois regulated by the RF TC. As a rule, the term of dismissal is considered a working day. The employee is issued a work record card and other documents related to employment, and the calculation is made.
If the employer does not fulfill at least one of thethese responsibilities, it threatens him with material responsibility. And the record of the dismissal order in the work book must necessarily contain the article of the TC, on which the employment relationship was terminated.
The dismissal order
Regardless of why they stoplabor relations, the employee must familiarize himself with the order of dismissal against the signature. If the termination occurs at the initiative of the employer, the employee is sent a notice and also under the signature. An organization employee may request a copy of the order and notice of termination.
Thus, the article of the Labor Code of the Russian Federation 77 contains 11 items. It is the legal guarantee of labor law in the Russian Federation.
