The dismissal without explanation of reasons for most employees is a rather strange and most often unexpected event, which scares them and causes a lot of misunderstanding. And they have a question about whether such dismissal is possible and does the law allow termination of the employment contract without sufficient grounds? Is it possible to challenge the dismissal for no reason and how to do it right? This and much more, concerning dismissal without explanation of reasons, will be discussed in today's article.
Some reasons for dismissal.
Many probably know that an employment contract can be broken off by the parties for a variety of circumstances. In general, all of them can be divided into three large groups - according to the decision of the employer, on the initiative of the employee, and for reasons beyond the control of the parties.
Consider and characterize each of them in more detail. For example, the dismissal at the initiative of the boss may include the severance of an employment relationship due to the following reasons:
- Committing employee guilty acts - theft, insult, fight and so on,
- Constant absenteeism
- Untimely or poor quality work
- Inconsistency of the qualification of the employee of the occupied vacancy and so on.
There are other reasons for dismissal, in which the employer unilaterally has the right to terminate relations with the employee. Their full list is listed in the Labor Code of the Russian Federation.
The reasons for which the employee can terminate the contract should include only personal desire. However, at the same time, a personal desire can be justified by a variety of circumstances, which the employee is not obliged to report to his superiors.
For example, an employee is not satisfied with the work schedule, it seems to him that the salary is very low or there is no career opportunity. In addition, there may be other reasons, for example, the employee made a more favorable job offer. All these and many other reasons can be reduced to dismissal at will.
Separately, it is worth mentioning the dismissal due to circumstances beyond the control of the parties, for example, due to the liquidation of the state. Dismissal is also possible for other reasons provided by law.
In addition, labor relations may be terminated by agreement of the parties. For example, if the employer is not satisfied with the employee for personal reasons, and the employee benefits from a material dismissal, since usually such a break in relations between the parties is accompanied by the payment of additional monetary compensation to the employee.
In general, the law has more than 30 reasons for dismissing an employee. But the law does not speak in the most accurate way about firing an employee without explaining an act. That is why this topic is quite difficult and incomprehensible for a large number of both workers and employers.
And precisely because of ignorance or misunderstanding of the law, it is most often violated. Although situations of intentional violation of the law are not uncommon at the present time. In view of this, many employers dismiss the employee for no reason, and the latter do not assert their rights.
It is important to understand that unlawful dismissal or dismissal carried out in violation of the standards entails not only the responsibility of the manager or legal entity, but also the opportunity to recover at the workplace for the employee.
In addition, the employer will be required to pay a fine, the amount of which in each situation is set individually, as well as to pay the entire fee due to the employee for the duration of the downtime. In addition, the employee may also require payment of moral compensation, as well as costs of litigation (for example, compensation for hiring a lawyer and so on).
For employers, in turn, it should be noted that the dismissal of an employee for no reason can develop not only into administrative, but also into criminal liability. Therefore, it is important to fire an employee correctly and in compliance with all legal norms. ,
Is dismissal always without reason within the law?
You can’t dismiss for no reason.
For many workers, dismissing without a reason is at least strange. And it is quite justified. Indeed, article 81 of the relevant code clearly outlines the whole range of reasons why an employer can fire an employee.
And dismissal without reason is not generally provided for by the provisions of the law.
However, dismissal without reason is still considered in article 278. It is, first of all, an additional reason for the dismissal of a certain category of workers, namely, the management team.
That is, if there is sufficient reason for the dismissal of the head of the enterprise (the reasons for the dismissal of this category of workers differ from those provided for in Article 81), then it is possible to carry out such dismissal. However, this requires a certain set of circumstances.
In order to fire the head of the company, the following reasons may be put forward:
- Change of the founder or owner of the company,
- Leadership decisions that have harmed the organization,
- The commission of guilty acts, for example, the disclosure of trade secrets,
- A worker who runs a kindergarten or school does an immoral act,
- Reduction of staff or branch completely and so on.
Thus, the grounds for dismissal of an ordinary employee and management staff overlap to some extent, however, there are other, more significant and extensive reasons for dismissing the head of the company, due to which the employee can be dismissed without explanation.
Based on this, we can draw the appropriate conclusion: only the leader can be dismissed for no reason, and only if there are sufficient grounds for this.
An ordinary employee cannot be terminated without a reason. Moreover, these reasons must comply with those specified in the Labor Code.
Thus, if you think that you were dismissed for no reason or due to inappropriate reasons, you can contact your boss for an explanation of the situation. Or to complain to the higher management of the company - no one needs conflicts with the law and most likely, the issue can be resolved at the initial stage under the most favorable conditions for both parties.
The employee is given a work book.
The procedure for termination of employment may vary depending on which category the employee leaves. In general, the standard termination of an employment contract consists of the following items:
- the decision of one of the parties (or both at once) on the need to terminate cooperation,
- publication of the relevant order and notification of the employee against signature,
- all accounting calculations
- issuance of funds due to the employee,
- making appropriate entries in the employee’s work book, his personal file and other regulatory accounting documents,
- issuing to the employee all the documents and the work book.
If necessary, the procedure may vary, depending on why the employee quits. For example, when dismissing due to the commission of guilty acts or disciplinary offenses by an employee, the manager will need to additionally collect evidence. That is, sufficient grounds for termination of the employment contract.
In addition, it may be necessary to collect a commission to assess the qualifications and competence of the employee.
Thus, we can conclude that the procedure for termination of relations, regardless of the reasons for which it is conducted, is generally quite standard and differs only in some nuances that may be required in a particular situation or circumstances.
Can a management decision be challenged?
The employee can go to court.
For many workers, the question of whether it is possible to challenge the decision of the management team on the need to dismiss or on the dismissal that has already taken place is interesting.
It is impossible to unequivocally answer this question, so we will try to understand in more detail and consider all possible options for what is happening.
For example, if the dismissal was carried out for insufficient reasons (the employee once was late for work for 10 minutes, and they dismissed him for absenteeism), or if during the procedure violations were discovered (an act on administrative violations or on guilty actions was not drawn up), then such a dismissal may well be considered illegal.
But in the case when the dismissal occurs according to the decision of the employee himself and everything is done correctly from the legal side, it is practically impossible to challenge such termination of relations.
In any case, if the employee believes that he was dismissed illegally or without sufficient justification, then he has the right to file a complaint or request for reinstatement at the workplace with the relevant competent authorities.
In particular, an employee may complain to the following organizations:
- Prosecutor's Office of the Russian Federation,
- Labor Inspectorate,
- Rospotrebnadzor and so on.
The choice of authority depends not only on the circumstances of the incident, but also on the preferences of the employee. Some begin to file complaints with the most “loyal” organizations, and some turn immediately to higher authorities.
On the whole, both this and that approach are quite effective, the difference is only in the response time and the methodology of this or that institution.
There are situations in which you can try to resolve the matter peacefully, for example, if you "fell under the hot hand" or for the first time committed a serious act, you may well try to negotiate with your superiors and continue working in the company.
For example, the perpetrator of the offense may promise that this will not happen again, and if that happens, he will quit of his own free will. Often, such solutions are the most profitable and convenient and allow you to avoid unnecessary conflicts and litigation.
From this video you will learn about the reasons for dismissal.
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Why do they make a resume?
Resume is a business card of a candidate for a vacant position. It should reflect the personal and professional qualities of the applicant for a vacant post.
According to the information set out in the resume, the employer, without meeting in person with the applicant for the vacancy, receives initial and sufficient information to decide whether this employee is needed or if it is worth looking for another one.
Therefore, the success of finding a job for your favorite vacancy will depend on how competently the resume is prepared.
None of the legal acts contains requirements for compiling a resume, however, as practice shows, there are a number of requirements that must be observed when compiling this document.
Attention! As a rule, a resume should contain:
- personal information about the applicant for a vacant position, including information on marital status, place of residence,
- information related to the level of education, advanced training and so on,
- work experience,
- what successes have been achieved during the time of labor activity,
- reason for the change of employer,
- whether there are recommendations from the former or other employers, their contact details, if there is a need to verify the information provided.
A correctly and correctly written resume increases the chance of being accepted for a new job.
What are the causes of dismissal most often called
After a positive answer is received on the submitted resume, the applicant will be interviewed by the employer or a person specially authorized by him. As practice shows, after the applicant tells about himself, the question of the reason for the change of work will follow without fail. And practically nobody succeeds in avoiding this issue.
Therefore, the resume should indicate exactly the reason for leaving the previous work, which is indicated in official documents:
- work book
- individual employment contract
- the contract.
In certain cases, it will be necessary to detail the reason for the dismissal, because dismissal “of one’s own free will” will not bring any clarity about the real reasons for such a decision. Such a streamlined and faceless phrase in most cases needs to be clarified.
So, the employer, having met this wording, will be forced to contact the former employer and clarify what really is the reason for the dismissal. Therefore, you do not need to invent anything. The situation that caused the breakup should be stated.
To do this, you can use the following recommendations:
- the position held did not correspond to the existing work experience, despite the fact that the bosses were quite a job to be performed,
- the circle of duties did not allow to increase professional skill, to increase the level of skill,
- the proposals for improving the working process did not find management support, which negatively affected the desire to work.
Important! If the dismissal occurred according to the article, the reason for the dismissal should be indicated in the summary, without an exact wording of the dismissal. In a personal conversation with the employer, the reason for the dismissal must be explained more broadly.
How to state the reason for dismissal
Regardless of what the reason for the dismissal is indicated in the applicant’s resume, it will not be difficult for a serious and experienced employer to find out the whole truth. To do this, it is enough for him to make only one phone call.
In this regard, it is not worth embellishing the circumstances that were the real reason for the separation.
Follow these guidelines:
- The resume should not indicate the true reason for leaving the job. You can talk about this during the interview. Moreover, the answer to the question of true dismissal should be set out as truthfully and deployed as possible. For example, to get to work, it took two hours to travel by public transport. This led to delays, which became the reason for the termination of the employment contract at the initiative of the employer,
- the specified reason for the dismissal should not contradict the records that were made about this in the work book, if the employment was official.
When dismissing from a previous job by agreement of the parties, the reason can be indicated, since this reason means that each of the parties had no complaints against the other when parting. This wording of the dismissal is most beneficial for the applicant for a new job.
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If the dismissal occurred on the initiative of the employee himself, that is, of his own free will, then explaining the reason why this decision was made is quite simple:
- desire to improve their professional skills,
- master new activities,
- the desire to try strength in a company that is larger than the previous one,
- desire for professional and career growth.
At the same time, voluntary dismissal may cause some suspicion on the part of the employer. After all, the conflict with the employer or the inanimity in the work collective could become the true cause.
Conclusion: no matter what the reason for leaving the previous job is true, it is necessary to state this as truthfully as possible in the resume. The main thing is to show honesty and decency.
List of neutral reasons
Please note! The labor legislation of the Russian Federation has a fairly extensive list of grounds on which it is possible to terminate the employment contract. It:
- dismissal at the initiative of the employee,
- dismissal at the initiative of the employer,
- dismissal by mutual agreement of the parties,
- dismissal due to the expiration of the employment contract.
As additional grounds that can be applied to terminate work on the initiative of the employee, is:
- change of ownership
- changing the initial conditions of the individual labor contract by the employer,
- transfer to another job due to deterioration of health,
- change of location of the enterprise, for example, the transfer of office or production to another territory, which makes it impossible to continue work.
Some reasons for dismissal from work do not depend on the will of the employee and employer. For example:
- call of an employee for military service,
- election to an elected position,
- the entry into force of a court sentence by which an employee is sentenced to a sentence that should be served in strictly defined places,
- incapacity for work due to general or occupational disease,
- other good reasons.
A separate reason for terminating the employment contract is a violation of its terms by the employer.
All these reasons can be safely indicated in the resume, applying for a new position.
Watch the video. How to create a resume for a job in 2019:
Reasons not worth voicing
There are also several reasons for which a summary is not recommended. During the interview, they should be voiced and explained by the fact that the errors that led to the dismissal are understood and the corresponding conclusion is drawn from this.
So, it is undesirable to talk about reasons for dismissal, such as:
- by nature did not agree with colleagues,
- did not meet the requirements of the employer or his manager,
- could no longer work in a team that consisted of unpleasant people,
- I couldn’t go to continuing education courses,
- comfortable working conditions were not created at work,
- the employer demanded to work longer than the normalized working day, while the payments prescribed by law were not made,
- the employer paid low wages, there was no possibility of growth,
- not used to working in one place for longer than three years,
- the employer paid most of the salary in an envelope, which negatively affected the payment of insurance premiums for future pension calculation,
- was dismissed at the end of the probationary period,
- came under reduction despite sufficient professionalism,
- The reason for the dismissal was the crisis in the country.
Remember! It is important to know that, having indicated the real reason for the dismissal, it can be expected that the employer can consider that the applicant is a conflicting person who is difficult to take root in the workforce, has not achieved a well-deserved salary increase, is too picky, cannot keep a trade secret.
Suitable Reasons for a Job Applicant Resume
So that the resume does not become a reason for refusing to accept a job, it should successfully formulate the reason for dismissal, linking it with the entry that is displayed in the work book. If there is no such document, then you can act more freely by indicating a reason for dismissal that will significantly increase the possibility of being accepted to a new place.
However, do not overdo it, as it will not be difficult for the employer to call or otherwise contact the employer at the previous place of work and clarify the actual reason for the separation.
As practice shows, the employer better perceives the following reasons for dismissal from a previous place:
- low wages
- lack of career opportunities,
- the company of the former employer went bankrupt or was liquidated,
- staff reduction associated with the reprofiling of production,
- transfer of the spouse to a new place of work, which is located in another locality, which required a move,
- changes in the work schedule that do not suit the employee,
- unilaterally changed the individual labor contract.
When choosing which reason for dismissal is better to indicate in the resume, one should proceed from the real reason for parting with the previous employer and the need to form a pleasant feeling about the future employee.
Examples of reasons for dismissal in a resume
To make a good impression on the employer, the resume recommends the reasons for dismissal from a previous job as follows:
- despite a long period of work, there was no opportunity for a decent career growth. This wording shows that the employee was loyal to the employer, but could not prove himself more efficiently. This may also indicate that the applicant is a valuable employee,
- the previous employer decided to close the unit in which the employee worked, which was the reason for the dismissal. This approach indicates that the dismissal occurred without conflict,
- low wages, despite the sufficient qualifications of the employee. This is contrary to common sense, since a highly skilled worker is more useful if his work is adequately paid,
- the spouse’s transfer to work in another locality, which forced him to quit his job. When indicating this reason, it should be borne in mind that it must be true.
Recently, employers have increasingly begun to demand from the applicant to provide not only a resume, but also a review from the place of previous work.
Watch the video. What can not be written in the resume:
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