Various management decisions are confirmed by orders. Employees must be familiarized with the document against signature. However, sometimes the employee refuses to sign. What should the employer do in this case? Consider in this article.
When are orders drawn up?
Consider the main reasons for drawing up an order:
- Dates and procedure for granting leave.
- Termination of an employment contract with an employee.
- Engaging an employee in overtime work.
- Transfer to another position or to another workplace.
- Transfer of an employee to another company.
- Appointment of a disciplinary action.
- Making adjustments to the internal regulations.
Orders can also be issued in case of other orders of the management.
Why does the employee refuse to sign the order
Refusal to sign is a sign of a conflict of interest between the employee and the employer. For example, an employee does not agree with a manager's decision, and therefore tries to create obstacles. A similar situation is common when an employee is fired. The manager tries to fire the specialist, but the latter does not want to leave his job. Therefore, he does not agree with the order of dismissal in the form of a signature.
Does an employee have the right not to sign?
The duties and rights of the employee are spelled out in article 21 of the Labor Code of the Russian Federation. The list of duties does not include such an action as affixing a signature on orders. Refusal to sign, according to article 379 of the Labor Code of the Russian Federation, can be recognized as self-defense by an employee of his labor rights. Such provisions of normative acts are fully justified, since in practice it is impossible to force a person to sign.
At the same time, the law obliges the employer to acquaint his employees with the signed order. Some contradiction is created. However, the legislators have foreseen the situation of specialist refusal. The refusal of an employee, according to article 84.1 of the Labor Code of the Russian Federation, cannot become an obstacle to the execution of the dismissal order. V a similar situation in the document it is necessary to put this record: “I refused to sign”.
Article 193 of the Labor Code of the Russian Federation states that the employer must also draw up an act of refusal. The preparation of this document should be carried out in accordance with the rules. If this paper is not drawn up, the order of the head will not be valid. An employee can dispute the validity of this document.
Let's look at an example. The manager wants to fire the employee. He draws up the corresponding order. The employee refuses to sign. The employer terminates the employment contract anyway. The employee is challenging his dismissal in court. He argues his claim that he was not familiar with the order. The employer cannot dispute the argument of the plaintiff in any way, since there is no signature confirming the acquaintance, and the act.
Drawing up an act of refusal
Not given in regulatory enactments uniform form of this document. That is, this form is developed by the organization independently. The type of document may vary depending on the specifics of the company's work. When drawing up an act, one must rely on the norms contained in GOST R 6.30-2003. You should also pay attention to the archive rules.
The act is an information and reference paper. It confirms any action or event. The document must contain various details. This is a prerequisite. The act can only be drawn up by a commission, that is, by several persons. One manager cannot issue this paper. The document is divided into three parts:
- Introductory part. Includes the date of preparation, number, link to the document (order in which the employee does not want to sign). It is necessary to indicate the composition of the commission. Each member of the commission is registered in alphabetical order, indicating the full name and position.
- The main part. It sets out the established facts of the case, conclusions and conclusions. For example, this part may contain the following entry: "The commission found that employee Ivan Ivanov, who holds the position of sales manager, refused to sign the dismissal order."
- The final part. All members of the commission affix their signatures on the document. Information on the number of copies of the document is indicated.
IMPORTANT! It is very important for the employer to draw up an act in full compliance with the law. Fundamentally, this is because the refusal of an employee to affix a signature already indicates a conflict of interest. If the act is drawn up incorrectly, there is a high risk that the employee will go to court to challenge this document.
Rules for filling out an act of refusal
Consider the basic requirements for a signature refusal act:
- The document is drawn up by an employee personnel service.
- This information is mandatory in the paper: information identifying persons (position, etc.), the full name of the employee who refused, the full name of the commission members.
- The document is signed by the head and two witnesses.
The paper must contain a heading, the name of the act, the event that is confirmed.
The employer's procedure
Consider all the actions of the employer that need to be performed if the employee refuses to sign:
- In the presence of two or three employees, the employee is invited to familiarize himself with the act. It is desirable that these employees are not direct subordinates of the manager.
- The employee refuses verbally to sign.
- The employer reads out the order so that the employee is familiar with the document.
- An act of refusal to sign is drawn up. It is recommended to prepare it in advance.
- Witnesses sign this act. The employee is also asked to sign the document.
- If the employee also refuses this list, the document must be marked: "The employee refused to familiarize himself with the document." This note is also confirmed by the signatures of witnesses.
IMPORTANT!
The employee's refusal to sign must be handwritten.
Also affixed by hand registration number and the date of registration of the act.
Where to store the act
Consequences of affixing a signature
The rejection of a signature is followed by these consequences:
- Refusal will not be an obstacle to the implementation of the order of the head, if the latter correctly draws up the act.
- Refusal can be considered as disagreement with the order of the management. That is, this is a violation labor discipline... This is relevant for those cases when the employee was asked to sign orders for a business trip, for passing medical examination... In this case, disciplinary action follows.
The consequences of the situation under consideration depend almost entirely on the actions of the employer. Therefore, he must be guided by the law. This will help prevent further litigation.
You have received an employee's refusal to sign the order. This scenario is not uncommon. In the practice of many entrepreneurs, there were cases when an employee refused to get acquainted with the main documents concerning his fate.
For example, citizen N., working under an employment contract, came to work in a state of intoxication. This fact was duly recorded and recorded. Based on the results of an internal audit, the director of the company issued a corresponding order, which provided for disciplinary action against citizen N. However, the obstinate employee refused to sign the specified document. In addition, he threatened the employer with the possibility of contacting the labor dispute commission, as “his rights were violated”.
The employer had to turn to lawyers. The latter recommended to go the following way: draw up a special act on refusal to familiarize themselves with the director's order, and then bring the citizen to justice.
Rules for drawing up an act
This document usually has the following requirements:
- The act must be drawn up by a specialist in the personnel department.
- The act is usually drawn up in free form, but there is a list of mandatory details that must be mentioned. For example, the identification data of the person who drew up the act, position and full name. the employee who refused to sign the order, the identification data of the witnesses of the employee's specified behavior, the place and time of drawing up the document, and others.
- The drawn up act must be signed by at least 2 witnesses.
The procedure for drawing up an act:
1. "Cap of the act". Usually includes the logo or official name of the organization, the date and time of the document.
2. "Name of the act" indicating the number and the document with which the employee refused to get acquainted.
Example: Act No. 456 on the refusal to get acquainted with the order No. 201-ls “On the transfer of the employee M.M. Ivanov. to another place of work ".
3. "The main content of the act" - indicates the situation that led to the need to draw up the specified act, the identification data of witnesses, etc.
Example: “Today, June 6, 2017, at LLC“ Rus ”(address: N, street N, house N) in the presence of three witnesses:
- deputy director of the company with limited liability Alekseeva Sergei Sergeevich;
- chief accountant of the limited liability company Ivanova Svetlana Ivanovna;
- head of the sales department Mikhailov Mikhail Mikhailovich;
Ivanov Mikhail Mikhailovich was familiarized with the order No. 201-ls “On the transfer of the employee M.M. Ivanov. to another place of work ".
However Ivanov M.M. refused to sign the specified document, explaining his disagreement with the director's decision ”.
4. At the end must be signed by the drafter of the act and witnesses.
remember, that correct drafting the waiver act is a good protection for the employer against possible employee complaints!
" № 9/2017
What document is the main one for granting leave to employees? What to consider when scheduling vacations? What are the features of the transfer of vacation and for how long can it be transferred? How long are employees entitled to not take annual leave? What is the order in which non-holiday vacations are used? What should the employer do if the employee refuses to take leave? What documents should be drawn up in this case? Can an employee be disciplined?
The right to rest at least 28 calendar days have all without exception permanent employees... And if some of this number of days is not even enough, then others do not go on vacation for years. But this is not only inconvenient for the employer and, in particular, for personnel officers, but also fraught with administrative responsibility. For how many years an employee can not go on vacation and what the employer should do if some employees do not use their annual vacation, we will talk in the article.
Reason for vacation.
According to Art. 123 of the Labor Code of the Russian Federation, the order of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than 2 weeks before the onset of the calendar year in accordance with the procedure established by Art. 372 of the Labor Code of the Russian Federation.
At the same time, it is obligatory for both the employer and the employee.
Scheduling vacations is quite a responsible business, especially if the organization has a large staff of employees. In such cases, first, as a rule, schedules are drawn up in structural divisions, and then a consolidated schedule is formed. The drafting of a vacation schedule for a department can be entrusted to the heads of these departments. On the basis of the schedules presented by them, the personnel department draws up a consolidated vacation schedule. Moreover, the duty of the heads of departments for drawing up a draft schedule is better to be fixed in the corresponding order.
If such powers are not granted to managers, they can simply collect their wishes from the employees, on the basis of which and taking into account the requirements of labor legislation, the personnel worker will already draw up a single vacation schedule.
Note:
When scheduling holidays, one should take into account the right of certain categories of workers to leave at any time and the length of service to provide such rest. Do not forget to include in the schedule and vacations not used in previous years.
In addition, when drawing up the schedule, you will have to take into account the wishes of other employees, and the sequence of vacations in the previous year, and the tension labor process during the year, and the specifics of the organization. We will have to try to ensure that neither the interests of the employees nor the interests of the employer are infringed upon. To avoid disputes, you can prescribe the procedure for granting vacations in a local regulatory act and familiarize employees with it.
After drawing up, the schedule is signed by the head of the personnel service and approved by the head of the organization or an authorized person (signed). If the enterprise has a trade union, then the schedule must be agreed with it. Despite the absence of the obligation to acquaint employees with the signature of the approved schedule, this must be done.
We repeat that all these activities must be completed no later than 2 weeks before the start of the new calendar year.
Let us remind you that in accordance with Art. 693 List of typical management archival documents formed in the course of the activities of state bodies, bodies local government and organizations, indicating the storage periods, approved by Order of the Ministry of Culture of the Russian Federation dated 25.08.2010 No. 558, the vacation schedule must be stored in the organization for 1 year. Moreover, the term is calculated from January 1 of the year following the year of the end of office work. That is, the vacation schedule for 2017, approved in December 2016, expires on December 31, 2017. Therefore, you need to store it for the entire 2017.
Postponement of vacation for the next year.
Annual paid leave can be carried over to the next working year. If such a transfer is carried out at the initiative of the employer in accordance with Part 3 of Art. 124 of the Labor Code of the Russian Federation, two conditions must be met:
giving an employee a vacation in the current working year may adversely affect the normal course of work of the organization;
the employee agreed to postpone the vacation to the next working year.
The employee himself may apply with a request to postpone the vacation for another period, including the next year. If the employer does not object, an order for such a transfer should be issued and changes to the vacation schedule should be made.
Leave transferred on the initiative of the employer must be used no later than 12 months after the end of the working year for which it was granted.
By virtue of Part 1 of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, one of which must be at least 14 calendar days. The question arises: how many such parts should be in the next working year, if the vacation was completely postponed to this year? That is, should the employee take two vacations of 14 days, and the remaining 28 days in parts, or one vacation in the amount of 14 days, and the remaining 42 days in parts?
From the provisions of Art. 125 of the Labor Code of the Russian Federation, regardless of how many vacation days the employee uses during the year, it can be concluded that one of the parts of the vacation should be at least 2 weeks continuously, and the rest of the vacation time for both years can be divided into parts by agreement between the employee and the employer.
Note:
The employer must take into account the unused days of annual paid leave for previous periods when drawing up each new vacation schedule.
How many years can vacations not be used?
In accordance with Art. 124 of the Labor Code of the Russian Federation, it is prohibited to fail to provide annual paid leave for 2 years in a row, as well as to fail to provide annual paid leave to employees under the age of 18 and persons employed in jobs with harmful and (or) dangerous conditions labor.
That is, if by general rule employees may not use for at least 2 years, then employees under the age of 18 and those employed in jobs with harmful and (or) hazardous working conditions must take leave every year.
Note:
Failure to provide annual paid leave for more than 2 years in a row, as well as failure to provide the unused part of the annual leave when it is postponed within 12 months after the end of the working year for which it is granted, is a violation of labor laws and in case of verification labor inspectorate the organization may be fined in accordance with Part 1 of Art. 5.27 of the Administrative Code of the Russian Federation.
If, nevertheless, it turned out that the employee did not use the vacation for 2 years and he has accumulated 56 calendar days of vacation, should the employer give him 84 days next year, or will they "burn out"? Of course, nothing "burns out", there is no such concept in labor legislation. You will either have to provide the employee with 84 days of leave, or pay compensation for these days upon dismissal.
According to the Rostrud Letter dated 08.06.2007 No. 1921-6, if an employee has unused annual leave for previous working periods, then he retains the right to use all due annual paid leaves. Annual leave for previous working periods can be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer.
For your information:
Earlier, doubts on this issue arose in connection with the ratification of the Convention The International Organization Labor No. 132 "On paid holidays" (hereinafter - the Convention) in accordance with Art. 9 of which a continuous part of the annual paid leave (at least 2 working weeks) is granted and used no later than within a year, and the remainder of the annual paid leave - no later than 18 months after the end of the year for which the leave is granted.
On the basis of the Convention, some courts have refused to recover compensation for unused vacations from those who quit. True, the reason for the refusal was the fact that the employee missed the statute of limitations. Thus, the Supreme Court of the Republic of Karelia in the Appeal ruling of March 27, 2015 in case No. 33-1227 / 2015 noted that the term for claims for compensation for unused vacations is 21 months after the end of the year for which the vacation is granted (18 months (period, in during which leave must be granted) + 3 months (the period for the employee to go to court)). That the vacation in the calendar year was not granted in full size and the payment of compensation was not made, it should have been known after the expiration of each year of work, as a result of which the due leave was not provided.
The situation is simpler if the employee used the main part of the vacation every year in the amount of 14 days, and the rest of the unused parts of the vacation were accumulated. Here, the Convention establishes that any part of the annual leave in excess of the established minimum duration may be postponed with the consent of the employee for a period exceeding 18 months, but not exceeding the separately established limits (paragraph 2 of article 9).
Thus, the remaining vacations can be used by the employee within the terms (periods) agreed with the employer. And in case of dismissal, the employer will be obliged to pay compensation for all unused (accumulated) vacations (Article 127 of the Labor Code of the Russian Federation).
Nevertheless, the employer should not allow employees to be in arrears on vacation, primarily because work without vacation affects both the physical and psychological state the employee, as a result, labor productivity, immunity decreases, the employee often leaves for sick leave. Problems are possible, up to the fact that an industrial accident may occur.
In addition, by paying compensation upon dismissal, the employer may overpay if for Last year the employee's salary was increased, since compensation for unused vacation is calculated based on the average earnings for 12 months (Regulation on the specifics of the procedure for calculating the average wages, approved by the Decree of the Government of the Russian Federation of 24.12.2007 No. 922).
For your information:
To avoid problems with unused vacation and payment of compensation, some employers, after 2 years without a vacation, formalize the dismissal of an employee with payment of compensation, and then take him back to work. From the point of view of legislation, there seem to be no violations. But if this option is used constantly, then the inspectors may see a violation of the rights of employees: firstly, their seniority is interrupted for the next annual paid leave, and secondly, the employee may lose rights to guarantees or payments established in the organization, for example, for continuous experience work.
The employer's actions if the employee refuses vacation.
So, we figured out what to do if the employee does not use the vacation or does not use it fully, accumulating the remaining parts with the permission of the employer, and what responsibility may arise for. But what if the employee does not want to go to any one either this or next year, and he has one reason, then another? Of course, you can enter the situation once or twice, but then the problems will have to be solved directly by the personnel officer and the employer. Therefore, you should not let everything take its course. The employee should be brought to disciplinary responsibility, for example, to begin with a reprimand, then a reprimand.
But for such a punishment to be legal, certain requirements must be met.
1. There must be a vacation schedule signed by the head of the personnel department, approved by the head of the organization and agreed with the trade union, if any. It is also desirable that there is a signature of the employee confirming his familiarization with the schedule.
2. 2 weeks before the start of the vacation, according to the schedule, the employee must be notified of the start time of the vacation. Receipt of the notification must be confirmed by the signature of the employee. If the employee refuses to sign the document, an act should be drawn up about it.
3. We need an order on the granting of annual leave, which the employee is familiar with. If he refuses, this fact must be recorded.
4. Not later than 3 days before the start of the vacation, the employee must be paid vacation pay (Article 136 of the Labor Code of the Russian Federation).
Note:
Do not forget that if the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than 2 weeks before its start, then the employer written statement the employee is obliged to postpone the vacation for another period agreed with the employee.
5. The exit of the employee to work during the vacation must be recorded by acts.
6. Bringing to disciplinary responsibility is carried out in accordance with Art. 192 and 193 of the Labor Code of the Russian Federation.
Well, if the employee still continues to go to work during his vacation, give him a written notice that the time he is at work is not subject to payment, since he is in annual leave according to the approved vacation schedule.
It is clear that bringing to administrative responsibility for refusing to go on vacation is an extreme measure intended for those who “maliciously” evade their right to rest, creating problems for the employer. In ordinary cases, you can meet the employee who asks to postpone his vacation, if there are good reasons. Then the employee must write a statement and indicate these reasons in it.
If it is no longer possible to postpone the vacation, and the employer is satisfied with the employee's refusal to take a vacation, then it is possible, by sending the employee on vacation, to conclude a civil law contract with him for this period.
Summarize. If your employees flatly refuse to go on vacation, you can:
postpone vacation, except for the case when the employee did not go on vacation at all for 2 years;
dismiss the employee, paying him compensation, and then accept (we do not recommend abusing this method);
take a vacation, and conclude civil law or the provision of services with an employee;
take a vacation, and bring the employee to disciplinary responsibility.
Some employers give their employees weekend leave. This, in principle, does not contradict the legislation, but it will provide superfluous questions from the inspectors.
We also remind employers that you cannot refuse to grant a vacation according to the schedule, with the exception of cases of industrial necessity and if there is written consent employee. And if the employer unlawfully refuses the employee on vacation and he went on vacation without permission, it is impossible to fire him for absenteeism (subparagraph "d", clause 39 of the Resolution of the Plenum of the RF Armed Forces dated March 17, 2004 No. 2 "On the application by the courts Russian Federation Labor Code Russian Federation").
If an employee in the framework of a claim for recognition illegal dismissal disputes the legality of the previously imposed penalties applied to him, the employer has the right to declare that the employee has missed the three-month period for going to court. In this case, the requirements for recognizing unlawful the imposition of the first disciplinary sanctions should be considered taking into account the observance of this period (question 8 of the Review of legislation and judicial practice The Supreme Court for the second quarter of 2007, approved. Resolution of the Presidium of the Supreme Court dated 01.08.07, ruling of the St. Petersburg City Court dated 22.04.10 No. 5146). The problem of dismissal for non-performance of labor duties is quite urgent. In my practice, there have been several similar cases.
The employee does not fulfill his job duties. methods of dismissal according to the rules
Answer: The condition of the internal labor regulations establishing such a disciplinary offense as the employee's refusal to fulfill his labor function when moving him to another workplace with the same employer, or to another structural unit located in the same area, if the transfer does not entail a change in the terms of the employment contract, it is lawful. Justification: Part 4 of Article 189 of the Labor Code of the Russian Federation defines the rules of the internal labor schedule as a local normative act regulating in accordance with the Labor Code of the Russian Federation and other federal laws the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the mode of work, the time of rest, the incentives and penalties applied to employees.
The employee does not perform functional duties. how to punish?
V jurisprudence good reasons the appearance on call to law enforcement agencies, illness, as well as other circumstances beyond the employee's control (for example, equipment failure) are recognized. Sometimes the employee refuses to explain right away. Refusal to provide explanations is not an obstacle to disciplinary action, including in the form of dismissal (Art.
Labor Code of the Russian Federation). But it is risky to draw up an act and a dismissal order right away, since the employee has two working days to give explanations (part 1 of article 193 of the Labor Code of the Russian Federation). It is possible that the employee will nevertheless provide explanations on time.
Therefore, it is better to wait two working days and only after that make a decision on dismissal. If the employee has not provided explanations on time, an appropriate act of refusal to provide explanations is drawn up, and the employer has the right to proceed to the third stage.
Decision-making on dismissal.
Attention
However, personally, I would not be in a hurry to apply such a type of disciplinary sanction as absenteeism to an employee, in my opinion, in this case, it is most advisable to impose a disciplinary sanction on the employee in the form of a remark or reprimand (in this case, the procedure provided for by Article 193 of the Labor Code of the Russian Federation must be observed) disciplinary action). If, after the application of a disciplinary sanction, the employee does not perform the work stipulated by the employment contract, then only after that is it possible to dismiss the employee under Article 81 of the Labor Code of the Russian Federation (in this case, in my opinion, under these circumstances, the most appropriate option is to terminate the employment contract under paragraph 5 Article 81 of the Labor Code of the Russian Federation).
What to do with an employee who refuses to perform work under the contract
Of the Labor Code of the Russian Federation), will probably be declared illegal by the court. The fact of the establishment of an obligation for the employee, for the failure to fulfill which he is held liable. It can be a local normative act, labor contract, job description, order (order) of the employer, defining the responsibilities of a particular employee.
The fact of familiarization of the employee with this document: the signature of the employee on the second copy of the employment contract on receipt of his copy or on the order, as well as the signature of the employee in a special sheet of familiarization with job description, local act or on their copies. 2) The employer has the right to terminate the employment contract only if, at the time of the violation, for which the company intends to dismiss the employee, the latter has an unreleased and unpaid disciplinary sanction.
How to fire an employee who does not fulfill his job duties
Thus, for the dismissal of an employee, two facts of non-fulfillment of labor duties are sufficient, if at the time of the commission of the second violation the employee had an unreleased and unpaid disciplinary sanction. The presence of more than two disciplinary sanctions can strengthen the position of the employer and act as a kind of insurance in case some of the penalties are found to be illegal (determination of the Moscow City Court of 23.09.10 in case No. 33-29873).
Dismissal is also permissible in the event of a continuing violation by the employee. For example, if an employee continues to fail to perform his job duties, despite the application of a disciplinary sanction (p.
33 decisions of the Plenum of the Supreme Court of 17.03.04 No. 2). Dismissal procedure If these conditions are met, the employer can proceed to the registration of the revealed violation and making a decision on dismissal. The whole procedure can be divided into three stages.
If there is a failure to fulfill the obligation established by the order or order of the employer, it is necessary to make sure that the execution of such order or order is part of the employee's job duties. Secondly, the fact of familiarization of the employee with this document: the employee's signature on the second copy of the employment contract on receipt of his copy or on the order, as well as the employee's signature on a special sheet of familiarization with the job description, local act or their copies.
Second. The employer has the right to terminate the employment contract on the basis under consideration, only if by the time of the violation for which the company intends to dismiss the employee, the latter has an unreleased and unpaid disciplinary sanction (clause 33 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2, determination of the St. Petersburg City court from 22.04.10 No. 5146).
What to do if the employee refuses to fulfill his duties
This is unacceptable, since the application of disciplinary sanctions not provided for by federal laws, statutes and discipline regulations is prohibited (part 4 of article 192 of the Labor Code of the Russian Federation). - Signing the order of dismissal by an unauthorized person. In branches, representative offices and other separate subdivisions often, it is the heads of these departments who apply disciplinary sanctions and decide to terminate the employment relationship. However, the provisions on such structural units, orders for the appointment of the head of the unit and their powers of attorney may not provide for such powers. Pregnant women cannot be dismissed on the basis in question (Art.
261 of the Labor Code of the Russian Federation) and employees on vacation or sick leave (part 6 of article 81 of the Labor Code of the Russian Federation).
Thus, for the dismissal of an employee, two facts of non-fulfillment of labor duties are sufficient, if at the time of the commission of the second violation the employee had an unreleased and unpaid disciplinary sanction. If the above conditions are met, the employer can proceed to the registration of the revealed violation and making a decision on dismissal.
Info
The entire procedure for dismissing an employee can be divided into three stages. a) Recording the fact of repeated failure to perform labor duties. Failure by an employee to fulfill his job duties can be formalized with a memo, act or other documents.
They need to set out in detail the circumstances of the violation, indicate the details of the document that establishes the duties of the employee, and the norm violated by the employee. b). Obtaining an explanation from the employee on the fact of the violation. Before applying a disciplinary sanction, the employer is obliged to request an explanation from the employee (Art.
What to do if an employee refuses to fulfill his duties
Important
Thus, the dismissal of an employee is impossible, for example, if there are three violations of official duties in one day and the employer consecutively issues three orders to impose disciplinary sanctions, one of which entails the dismissal of the employee. The concept of repetition. From the wording of clause 5 of part 1 of article 81 of the Labor Code, it follows that an employee can be dismissed only in case of repeated failure to fulfill his duties.
Repeated means that it has taken place more than once, and therefore the presence of at least two violations in the aggregate may serve as a basis for dismissal. This is evidenced by the above position of the Plenum of the Supreme Court (paragraph 33 of the resolution of 17.03.04 No. 2).
For example, a pregnant employee demonstratively ceased to fulfill all her duties, violated the internal labor regulations, motivating her actions with impunity and the inability to fire her. Another employee meticulously followed all the rules and local regulations, but at the same time did not fulfill the indicators from which the bonus part of his salary was calculated.
He was satisfied with the salary, and he ignored the increase in sales and the fulfillment of plans. The employer is not interested in such an employee, since the main goal of his hiring to increase sales was not achieved.
I would like to see in the article the procedure for collecting evidence and documenting all actions preceding the dismissal of an employee at the initiative of the employer.