3 Easy Ways to Fire an Employee
Posted: Tue Jan 21, 2025 9:13 am
Dismissal by agreement of the parties.
The correct way to fire an employee is to terminate the employment contract by mutual consent. This is stipulated in the Labor Code (clause 1, part 1, article 77). The employee and the organization's administration sign a bilateral agreement to terminate the cooperation.
The law does not limit the choice of terms for signing such an agreement in any way - the parties decide this among themselves. The agreement can also only be cancelled or its contents changed by mutual consent; neither party has the right to do this independently.
Payment of severance pay or compensation to an employee dismissed by mutual agreement is not mandatory. This is stipulated in Article 78 of the Labor Code. But the employer and employee can resolve this issue between themselves at their own discretion.
When concluding a bilateral agreement, the employee does not have the right to reverse it. But if he resigns of his own free will, the law allows him to change his mind and return to work within the notice period, which is two weeks.
Dismissal due to staff reduction.
According to the law, an employee purchase shareholder database can be fired due to a reduction in the organization's staff. This is stipulated in Article 77 of the Labor Code of the Russian Federation.
However, there are some rules that must be followed by the employer:
employees must be notified of the layoff two months before it begins;
the procedure is carried out with the execution of an official order;
On the exact date of the employee's layoff, he must be paid and given his personal documents.
In general, when dismissing due to staff reduction (or reduction in the number of employees), the following is required according to general requirements:
carry out the settlement of the dismissed employee by paying him severance pay equal to the average monthly salary;
For the period of employment (which, by law, should not exceed two months from the date of dismissal), the employee is paid an average salary (severance pay is included in this amount).
This procedure is described in Part 1 of Article 178 of the Labor Code.
If a laid-off employee registers with the employment service within two weeks after dismissal and the issue of employment still cannot be resolved, then he is entitled to a third payment in the amount of the average salary (for another month, the third after dismissal).
Important : according to the law, it is impossible to fire an employee while he is on vacation or sick.
3 Easy Ways to Fire an Employee
Transfer of the property of an organization to the ownership of another person.
In such cases, we are talking about the manager, his deputy or chief accountant.
These are situations where the ownership of an organization's property is transferred or transferred from the current owner to another person (or persons). This happens if:
the process of privatization is underway. This means that state or municipal property becomes private property (in accordance with Article 1 of Federal Law No. 178 of December 21, 2001 and Article 217 of the Civil Code of the Russian Federation);
the private property of the organization is transferred to the ownership of the state (according to subparagraph 7 of paragraph 2 of Article 235 of the Civil Code of the Russian Federation);
a state-owned enterprise becomes municipal property (or vice versa);
a federal state enterprise becomes the property of a constituent entity of the Russian Federation (or the reverse process). The procedure is regulated by Federal Law No. 122 of August 22, 2004 (Part 2, Clause 11, Article 154).
In such cases, the new owner, under Article 75 of the Labor Code of the Russian Federation (Part 1), has the right to dismiss employees holding the positions of manager, deputy manager, chief accountant. But this can be done no later than three months after the change of ownership of the organization's property. Dismissed employees are entitled to compensation in the amount of three average monthly salaries (no less) by law (Article 181 of the Labor Code of the Russian Federation).
Important! When a founder or several founders or shareholders (participants) change in an organization, legally this is NOT a change in the owner of the organization's property.
Case: VT-metall
Find out how we reduced the cost of attracting an application by 13 times for a metalworking company in Moscow
The correct way to fire an employee is to terminate the employment contract by mutual consent. This is stipulated in the Labor Code (clause 1, part 1, article 77). The employee and the organization's administration sign a bilateral agreement to terminate the cooperation.
The law does not limit the choice of terms for signing such an agreement in any way - the parties decide this among themselves. The agreement can also only be cancelled or its contents changed by mutual consent; neither party has the right to do this independently.
Payment of severance pay or compensation to an employee dismissed by mutual agreement is not mandatory. This is stipulated in Article 78 of the Labor Code. But the employer and employee can resolve this issue between themselves at their own discretion.
When concluding a bilateral agreement, the employee does not have the right to reverse it. But if he resigns of his own free will, the law allows him to change his mind and return to work within the notice period, which is two weeks.
Dismissal due to staff reduction.
According to the law, an employee purchase shareholder database can be fired due to a reduction in the organization's staff. This is stipulated in Article 77 of the Labor Code of the Russian Federation.
However, there are some rules that must be followed by the employer:
employees must be notified of the layoff two months before it begins;
the procedure is carried out with the execution of an official order;
On the exact date of the employee's layoff, he must be paid and given his personal documents.
In general, when dismissing due to staff reduction (or reduction in the number of employees), the following is required according to general requirements:
carry out the settlement of the dismissed employee by paying him severance pay equal to the average monthly salary;
For the period of employment (which, by law, should not exceed two months from the date of dismissal), the employee is paid an average salary (severance pay is included in this amount).
This procedure is described in Part 1 of Article 178 of the Labor Code.
If a laid-off employee registers with the employment service within two weeks after dismissal and the issue of employment still cannot be resolved, then he is entitled to a third payment in the amount of the average salary (for another month, the third after dismissal).
Important : according to the law, it is impossible to fire an employee while he is on vacation or sick.
3 Easy Ways to Fire an Employee
Transfer of the property of an organization to the ownership of another person.
In such cases, we are talking about the manager, his deputy or chief accountant.
These are situations where the ownership of an organization's property is transferred or transferred from the current owner to another person (or persons). This happens if:
the process of privatization is underway. This means that state or municipal property becomes private property (in accordance with Article 1 of Federal Law No. 178 of December 21, 2001 and Article 217 of the Civil Code of the Russian Federation);
the private property of the organization is transferred to the ownership of the state (according to subparagraph 7 of paragraph 2 of Article 235 of the Civil Code of the Russian Federation);
a state-owned enterprise becomes municipal property (or vice versa);
a federal state enterprise becomes the property of a constituent entity of the Russian Federation (or the reverse process). The procedure is regulated by Federal Law No. 122 of August 22, 2004 (Part 2, Clause 11, Article 154).
In such cases, the new owner, under Article 75 of the Labor Code of the Russian Federation (Part 1), has the right to dismiss employees holding the positions of manager, deputy manager, chief accountant. But this can be done no later than three months after the change of ownership of the organization's property. Dismissed employees are entitled to compensation in the amount of three average monthly salaries (no less) by law (Article 181 of the Labor Code of the Russian Federation).
Important! When a founder or several founders or shareholders (participants) change in an organization, legally this is NOT a change in the owner of the organization's property.
Case: VT-metall
Find out how we reduced the cost of attracting an application by 13 times for a metalworking company in Moscow