Art. 84 TC RF with comments

Legislation provides for certain rules for concluding an employment agreement. The grounds for its dissolution are established Art. 77, 84 of the LC RF and a number of other code norms. When applying for a job, the applicant must meet, first of all, the general requirements. Depending on the nature of the activity, special conditions may be established.

According to Art. 84 of the LC RF the dismissal of an employee, i.e., the termination of the contract between the employer and the employee is carried out if the contract was concluded in violation of the rules fixed by the code or federal normative acts, if this violation impedes the continuation of professional activity. Let us consider in more detail the cases in which this rule is applied.

Types of violations

In part 1 tbsp. 84 of the LC RF the list of cases of unlawful conclusion of the contract is fixed:

1. Violation of the provisions of the verdict of a court depriving a citizen of the right to replace positions or carry out activities established by the court.
2. If the applicant has contraindications towork. The corresponding state of health must be confirmed by the conclusion of a competent medical commission issued according to the rules established by law.
3. Absence of a qualification / education document if the production requires special knowledge.
4. Violation of the decree on disqualification oranother administrative sanction excluding the possibility of the employee performing professional duties in accordance with the contract made by the court, the body, employees authorized to examine administrative cases or violation of restrictions, requirements, prohibitions provided for by federal legislation and involving persons dismissed from municipal / state service .
5. Failure to comply with the requirements of regulatory enactments that establish restrictions on the conduct of certain types of activities.

The list specified in Part 1 of Art. 84 of the LC RF, is not considered closed. According to item 6, other cases of contract termination can be established in federal laws.

Obligatory requirements

In the cases specified in the first part Art. 84 of the LC RF, termination of the contract is allowed whenimpossibility to transfer a citizen by his written consent to other work available to the employer, which he, in accordance with his state of health, can perform. It can be either a vacant position or work for the same qualification, as well as an inferior position or a lower paid professional activity.

The employer must offer the employee allThe vacancies in his area that meet the specified requirements are available. Offer the transfer to another locality the employer must, if the relevant provisions are present in the contract, collective or other agreement.

Additionally

As it is established in 3 parts Art. 84 of the LC RFif violations of the rules of contracting,established by the code or other federal norms, have been admitted not through the fault of the employee, the employer is obliged to pay him severance pay. Its value should be equal to the average monthly earnings. The general rules for the dismissal of employees are enshrined in Article 84.1 of the LC.

If the employee is guilty of violations, the duty to offer him another (free) job / job, as well as to pay the allowance from the employer is lifted.

Comments on art. 84 of the LC RF

Among violations of established rules of registrationof the labor agreement, first of all, is the failure to execute a court verdict, which provides for the citizen certain prohibitions. For a more complete analysis of paragraph 1 of Art. 84 of the LC RF let us turn to the criminal legislation.

Prohibition of substitution of posts and exerciseactivities of a certain type can extend to a wide range of areas. For example, a person may be prohibited from being on the posts of the state / municipal service, in the bodies of territorial self-government, to conduct medical, teaching or other activities. If such sanction is the main punishment, then it can be imputed for 1-5 years, if additional - for a period of 6 months. up to 3 years.

In view of the foregoing, the84 TC RF only apply to the period for whichthe citizen is banned. Therefore, if the breach of the procedure for executing the agreement is revealed at the time when the period has expired, the employment relationship with the citizen can not be terminated, since this circumstance does not prevent the continuation of professional activity.

Lack of proper documents

Termination of the contract under Art. 84 TC RF is possible if the employee does not have documents confirming his qualification or education. At the same time, it is specially stipulated in the norm that this basis is applied if the specificity of professional activity presupposes the obligatory availability of certain knowledge among the employee. Corresponding requirements are fixed by branch federal and other statutory acts.

For example, according to Article 54 of the Fundamentalslegislation regulating the protection of health, the right to conduct pharmaceutical or medical activities is enjoyed by citizens who have received an appropriate secondary or higher education in Russia and have a diploma confirming it. In addition, to conduct activities of individual types, an additional license or certificate is required.

According to article 331 of the TC, the teachingactivities may be allowed to persons who have a relevant educational qualification. It is determined by the rules set forth in the model regulations on educational institutions approved by the Government.

Higher vocational education should have allapplicants entering the civil service for posts in the categories of "experts", "advisers", "leaders" of any of the foreseen groups of posts, as well as "providing specialists" for the leading and main groups.

Presence of administrative sanction

When considering the termination of an agreement in connection with disqualification, it is necessary to take into account that the relevant information can be obtained from the register created by the Ministry of Internal Affairs of the Russian Federation and regional branches.

By order of the Ministry of Internal Affairs No. 957 of 2006, the Manual on the creation and maintenance of this database was approved, as well as the instruction fixing the rules for the provision of information.

Important point

Art. 84 allows for the possibility of termination of the agreement for other reasons given in the regulations. The main condition for the application of the provisions of the provision is that violations of the order should exclude the continuation of the professional activity of the person. The legislation obliges the employer to terminate the employment relationship when they are identified. Otherwise, the employer will be held liable under the law.

Translation features

When deciding on the termination of laborlegal relations, the employer must perform a number of duties stipulated by the TC. In particular, he should offer the employee other options for continuing his professional activity at the enterprise in the area.

If in agreements (collective including) orthe contract itself provides for the possibility of transfer to another region (district, city, etc.), then the employer must comply with the appropriate prescription. At the same time, it is specifically stipulated in the TC that the transfer can be made only with the consent of the employee. If an employee does not wish to continue working in another position, he must complete a written refusal.

However, the employer may be exempted from thisresponsibilities, if the employee will be found guilty of violating the procedure for execution of the agreement. For example, a citizen presented a fake education document, kept silent about the existence of a disqualification or court sentence, gave false information about his health, etc. In such situations, the employee will not only not be offered vacant positions, but his severance pay will not be accrued.