Can the seller be fired if the buyers complain. Tax and accounting

How to formalize the dismissal of an employee (salesperson-cashier) due to loss of confidence? Termination employment contract in connection with the loss of confidence in the employee is carried out at the initiative of the employer. At the same time, it is necessary to take into account that. according to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts Russian Federation of the Labor Code of the Russian Federation” (as amended on December 28, 2006), termination of an employment contract with an employee under paragraph 7 of Article 81 of the Labor Code of the Russian Federation is possible only in relation to employees directly serving monetary or commodity values. Article 247 of the Labor Code of the Russian Federation: Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an audit to establish the amount of damage caused and the reasons for its occurrence.

How to fire a salesperson for a shortage

It may be that an employee commits guilty acts directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him by the employer, clause 7 of part 1 of article 81 of the Labor Code of the Russian Federation)! Procedure 193 of the article must be observed And not necessarily, first note then a reprimand .. Maybe the employer immediately (what is written above about the order is nonsense, you'll excuse me) and without even taking into account the severity (as a general rule) is his right, his internal discretion To dismiss and recruit new ones. You have to be a strict and fair boss fucking .. take me ... I'll just + drink away ..
you need to go to large, trusted stores, and not to small ones to aunts from the market. charge mona in the scoreboard .. mona kick your feet .. darkness options .. and here's another thing in vain you used to take crazy people to work .. take a woman of age, she will cherish the place.

Dismissal for shortage

Labor Code of the Russian Federation, which is the dominant legislative legal act in the field labor relations, we see that the employee, through whose fault the employer suffered damage, is obliged to compensate him in the amount of real material losses, without taking into account the possible benefit (income). At the same time, the provisions of Art. 239 of the Labor Code of the Russian Federation, it is stipulated that employees cannot be held liable for damage due to normal economic risk or when the employer does not provide storage conditions for the goods.

So, for example, it is impossible to recover a shortage from the seller, due to the fact that foodstuffs were not sold in a timely manner and written off due to the delay in the expiration date. This is entirely the fault of the employer when choosing the range of supplied goods that are not in consumer demand.

Thus, you can write an entry in the work book like this: \"Dismissed the number\"...\" on the basis of subparagraph 7 of Article 81 of the Labor Code of the Russian Federation due to a shortage in the store's cash register\"name of the store\". an order must be made to cadres and a letter sent to him by registered mail, you can not even call an employee into the cadres. I hope this information helped you. no loss of confidence, a citizen can be called a thief in the presence of a court verdict that has entered into legal force.
Otherwise, he has the right to appeal your assistance in court and YOU are not only obliged to change the entry, but also pay legal expenses and a lawyer, compensate for moral damage. I doubt you can prove it in court. If he has at least a modicum of brains, he will do you in court, like Pinocchio.

Tips on how to behave as a seller in case of a shortage

HomeChange and Termination of an Employment ContractTermination of an Employment ContractDismissal for Shortage Contents:

  1. Conditions necessary for accusation of loss of trust in an employee
  2. The procedure for terminating an employment contract
  3. The need to follow the order of application disciplinary action

The Labor Code of the Russian Federation (clause 7, article 81) provides for dismissal in the event of "the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him by the employer." Thus, on a legal basis, an employee of the company can be dismissed at the initiative of the employer.
In practice, it is important to have evidence of the employee’s guilt, because employees often dispute dismissal for shortages, having legal grounds for this.

Dismissal of the seller for shortage

Attention

When did you accept an employee, did you conclude an agreement with him, including an agreement on liability? If there is an agreement on liability, then you should have taken an inventory for the presence of goods and shortages at the checkout before calculating it. Money…. why two weeks are given before dismissal, not so that a person would work these days and receive a calculation (in some organizations this happens), but so that all activities could be carried out if he is financially responsible ... if they received a calculation and labor ... she can safely \"send you \" with your shortcomings. Make an inventory in her presence… will sign the documents….


minus its shortages from its calculation on the basis of documents and send it home See the Labor Code. There is a special article on shortage (waste).

How to fire a salesperson for a shortage

The Labor Code of the Russian Federation An employment contract may be terminated by an employer in the following cases: 7) the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him by the employer; In addition to paragraph 7 of Article 81 of the Labor Code, you can also be dismissed under paragraph 5 and subparagraph \ "g \" of paragraph 6 of the same article. Here you need to choose the right reason for dismissal, depending on the circumstances.

there must be a violation of discipline (Article 189 of the Labor Code of the Russian Federation), which is in the Rules of Internal work schedule(I think so, you haven’t seen such a document in your eyes - you definitely don’t have it in your office).

Can the seller be fired for a shortage

The TC may be dismissed by employees who directly serve monetary and material values ​​(reception, storage, transportation, etc.) who have committed guilty acts that give the employer reason to lose confidence in these employees. Payment of shortage upon dismissal 1 answer. Moscow Viewed 727 times.

Asked 2012-03-12 12:16:10 +0400 in the topic "Labor Law" How not to pay the shortage. Appointed director without revision - How not to pay the shortfall.

Appointed director without revision. then 1 answer. Moscow Viewed 697 times. Asked 2012-03-11 16:01:59 +0400 in the topic "Labor Law" Worked unofficially, they hang up a shortage what to do? - I worked unofficially, they hang up a lack of what to do.

Info

Conditions necessary for accusation of loss of confidence in the employee Dismissal for a shortage is possible if there is material liability, confirmed by an agreement indicating the date of its conclusion and the obligatory signature of the employee. When signing a document, an employee of the company must be aware of the degree of responsibility in the performance of duties in accordance with the job description.


After all, the material values ​​​​of the enterprise should be preserved and bring profit, not losses. All costs associated with the maintenance of monetary or commodity values, whether it is the receipt or storage of goods, their transportation, can be regarded by the employer as the guilty actions of a financially responsible employee.
And an unpleasant situation will serve as a basis for the loss of confidence in the employee, which will lead to his dismissal.

It is unlawful to terminate an employment contract with an employee against whom repeated complaints from buyers were written to the book of reviews and suggestions, and complaints were also received by the administration shopping complex for untimely opening of the department and non-fulfillment of the conditions of the advertising campaign conducted by the administration of the shopping complex, on the basis of the inconsistency of the employee with the position held. In our opinion, in this case, it is possible to dismiss the employee at the initiative of the employer in accordance with paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - for repeated non-fulfillment by an employee without good reasons job duties if he has a disciplinary sanction. At the same time, the procedure for applying disciplinary sanctions and dismissal, provided for by the legislation of the Russian Federation, must be observed. Rationale: The case of termination of the employment contract proposed in the condition of the question is referred to in the Labor Code of the Russian Federation as a case of inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification. Based on the foregoing, the discrepancy between the employee of the position held or the work performed can be established only after the certification. In accordance with paragraph 31 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as the Resolution), dismissal on the indicated grounds is permissible provided that the inconsistency of the employee with the position held or work performed due to his insufficient qualifications is confirmed by the results of the attestation carried out in the manner prescribed labor law and other normative legal acts containing norms labor law, local regulations adopted taking into account the opinion of the representative body of workers. With this in mind, the employer is not entitled to terminate the employment contract with the employee on the above grounds, if this employee has not been assessed or certifying commission came to the conclusion about the suitability of the employee for the position or work performed. At the same time, the conclusions of the attestation commission on business qualities employee are subject to evaluation in conjunction with other evidence in the case. Thus, the dismissal of an employee on this basis, based on the circumstances set forth, will not correspond to the actual circumstances of the case. It seems that the closest, in accordance with the information provided, is the dismissal of an employee (if it is a dismissal at the initiative of the employer) in accordance with paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - in connection with the repeated non-fulfillment by the employee without good reason of labor duties, if he has a disciplinary sanction. In accordance with paragraph 33 of the Resolution, the employer has the right to terminate the employment contract on this basis, provided that a disciplinary sanction was previously applied to the employee and at the time of his repeated failure to fulfill his labor duties without good reason, it was not removed and extinguished. For untimely opening of a store, for example, an employee may be reprimanded or reprimanded. For the proper registration of the dismissal, it is necessary to record the repeated commission of the violation (memorandum, decision of the commission, etc.). At the same time, when applying disciplinary sanctions, it is necessary to observe the procedure and deadlines for applying disciplinary sanctions provided for in Art. 193 of the Labor Code of the Russian Federation.

Please tell me how to fire the seller? The seller constantly weighs buyers, puts his goods on showcases (there are no decisions of the competent authorities, this is established by inspections of the direct employer). The seller herself does not want to leave. The seller is issued to an individual entrepreneur. The employment contract must be terminated at the employment center in the presence of both parties (the seller and the sole proprietor).

The Labor Code contains Article 41, which provides for the grounds for terminating an employment contract at the initiative of the owner with certain categories of employees under similar circumstances.

So, according to paragraph 2 of part 1 of Art. 41 of the Labor Code, an employment contract may be terminated at the initiative of the owner in the event that an employee who directly services monetary, commodity values ​​commits guilty actions, if these actions give rise to a loss of confidence in him on the part of the owner.

It should be noted that the guilty actions of the employee mentioned in this article do not have to be of a direct mercenary nature; such actions are not always aimed at appropriation of the employer's property by an unscrupulous employee. Such actions can be expressed in the negligence, negligence of the employee, which led to the loss of material assets by the employer. Also, the guilty actions of the employee (as, for example, in the case under consideration) can be directed at the client or the buyer, which harms the reputation of the employer and may lead to certain financial losses.

All such actions can lead to a loss of confidence in such an employee. So, on the basis of paragraph 2 of part 1 of Art. 41 of the Labor Code and in this case the seller should be dismissed.

It should be noted that the dismissal on the basis of paragraph 2 of part 1 of Art. 41 of the Labor Code is not a disciplinary measure and the requirements established by Art. Art. 147 - 149 of the Labor Code on the procedure for applying disciplinary sanctions should not be observed.

Consider the algorithm of actions of the employer in this case.

It should be borne in mind that if the employee disputes the legality of dismissal in court, the employer will need to prove the existence of grounds for dismissal, to prove the fact of violations committed by a particular employee, as well as the fact that all necessary procedures were followed before dismissal.

In the case under consideration, an important role is played by the evidence of the guilty actions of the employee, who systematically performs weighing customers, putting his goods on the counter.

The facts of such actions must be documented.

The performance by the seller of weighing buyers for a long time may go unnoticed. The seller can be caught, for example, as a result of a complaint (preferably in writing) to the head of the employer or left in the Book of Complaints. Also, a complaint can be filed by the buyer with the Consumer Protection Inspectorate, which, if necessary, will be able to confirm the fact of such a complaint to the court.

We believe that it is necessary to have several (at least three) complaints in writing, and preferably from different persons, in order to prove the systematic nature of the employee's guilty actions. These complaints can be used in court as one of the evidence for the justification of the dismissal.

Also, if the fact of weighing the buyer or putting the seller of his goods on the counter is revealed, it is necessary to create a commission consisting of at least three people (these may be other employees - an accountant, sellers, etc.) who will sign an act on the identification of the facts mentioned above. To confirm the systematic nature of the employee's guilty actions, it is desirable to have several such acts.

After that, it is advisable in writing to require the employee to give written explanations regarding the committed guilty actions (weighing buyers, etc.). The written explanations received will be evidence of the validity of the dismissal of the employee.

In case of refusal to give explanations, it is necessary to draw up an act with the signatures of witnesses, which will record the fact of the employee's refusal to give explanations. This act/acts can be used in court in case of challenging the legality of the dismissal.

Having in hand written explanations of the seller (or an act / acts fixing the fact of refusal to give explanations), complaints from buyers, acts fixing the commission of guilty acts, an order should be issued to dismiss the employee on the basis of paragraph 2 of part 1 of Art. 41 Labor Code. The employee must familiarize himself with it under the signature.

The settlement with the employee must be carried out on the day of dismissal. The work book is also handed over under the signature.

If the employee refuses to familiarize himself with the order and receive work book it is necessary to send the employee a valuable letter with acknowledgment of receipt, in which to report the fact of dismissal on the basis of paragraph 2 of part 1 of Art. 41 Labor Code, the date of dismissal, the opportunity to familiarize yourself with the order; offer to pick up the work book, as well as receive all the amounts due to him.

In such a letter, the employee should be informed that if it is impossible to appear in person to receive a work book, he can give written consent to send him a work book by mail and provide the address to which it can be sent.

Also, if the salary is paid not to a bank account, but in cash, the employee in the above letter is asked to inform Bank details to which the funds due to him can be transferred.

It should be noted that compliance with the specified algorithm of actions will protect the employer from possible problems in case of challenging the legality of the dismissal in court.

As for the issue of deregistration of an employment contract at the employment center, such a procedure is provided for contracts concluded before January 01, 2015. In the event of the expiration of the term of the employment contract or termination of its action ahead of schedule in the employment contract, the subject entrepreneurial activity makes a record of the grounds for its termination with reference to the relevant articles of the Labor Code, about which the parties notify the employment center, regardless of the place of registration of the employment contract.

The procedure for deregistration of an employment contract at an employment center is carried out in accordance with the provisions of Order No. 260 of 06/08/2001.

Employment contracts concluded from January 01, 2015 between individual and an individual entrepreneur are not subject to registration with the employment service.

It should be noted that in the event of an employee's refusal to appear at the employment center, the deregistration of the employment contract is carried out on condition that the individual entrepreneur submits: 1) a copy of the employment contract; 2) applications for the removal of the employment contract from registration, indicating the date of dismissal from work of the employee and the grounds for termination said agreement; 3) copies of documents confirming the sending of a notification to the employee of the intention to terminate the employment contract with him ( by registered mail with acknowledgment of receipt), making a settlement with the employee, or a copy of the payroll indicating the amount of wages deposited.

In this case, the employment center informs the employee about the deregistration of the employment contract.

It is also important that the procedure for deregistration of an employment contract can be carried out by any employment center, regardless of the place of registration of such an agreement.

Often, the employer threatens to fire a negligent employee under the article, although the term “dismissal under the article” does not legally exist. Any dismissal, in principle, occurs under one article or another of the Labor Code of the Russian Federation, but some articles of the Labor Code may adversely affect the further employment of an employee. Article 81 of the Labor Code clearly defines the reasons why an employer can dismiss an employee.

Now there are fewer of us...

Paragraph 4 of this article states that the head, his deputies and the chief accountant can be fired when the owner of the organization changes. In this situation, only the above persons can be fired. The new owner does not have the right to dismiss ordinary employees under this article.

When an organization is liquidated, everyone is subject to dismissal, this will affect even pregnant women and young mothers.

When reducing the number or state, there are several groups of people who enjoy the exclusive right not to lose their jobs. These people include breadwinners and people with long continuous work experience at a given enterprise, institution, organization.

Mismatch…

Another reason for dismissal is specified in paragraph 3 of Art. 81 of the Labor Code: "Inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification."

To identify the incompetence of an employee, a special attestation commission should be created, which, as a rule, includes the deputy director of the organization, a representative of the personnel department and the immediate supervisor of the subject. A special order is issued for its implementation. The subject is given a task that does not go beyond job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be obviously impossible, for example, in terms of deadlines, you can write a complaint to labor inspection and challenge the test results in court. A final report is drawn up on the results of certification.

Dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. It could be like vacant position or work corresponding to the qualifications of the employee, and vacant lower position or lower-paid work that an employee can perform based on his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided collective agreement agreements, employment contracts. In the event that the employee refuses in writing all the proposals made to him, the employer may dismiss him.

Failure…

An employee can also be fired for non-compliance. official duties. So, according to paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the reason for dismissal may be "Repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction."

Failure by the employee must be repeated and without good reason. Moreover, a disciplinary sanction must already be imposed on the employee.

According to Article 192 of the Labor Code of the Russian Federation, a disciplinary act is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

remarks, reprimand or dismissals on the appropriate grounds.

To dismiss an employee on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, his failure to fulfill his labor duties must be:

a) repeated;

b) without good reason.

If there are good reasons, then the employee must state them in writing. And at the same time, the employee must already have a properly executed disciplinary sanction.

Ivanov, late again!

Another reason for dismissal, as stated in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, is "A single gross violation by an employee of labor duties."

Absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, is considered absenteeism. The most important valid reason is sick leave. If, after returning to work, you do not provide sick leave, then the employer may put you on absenteeism.

If you had other valid circumstances, they must be stated in writing. It is up to management to decide whether your reasons are valid.

If you need to be absent from work, write a statement in duplicate, on which your management puts its resolution “no objection”, date and signature. The first copy is with the authorities, the second is for you.

Delays are different. "A single gross violation is also considered to be absent from the workplace without good reason for more than four hours in a row during the working day (shift)." That is, if you are late for work for an hour, you cannot be fired under this item. However, for repeated delays, a disciplinary sanction can be imposed and subsequently dismissed under paragraph 5 of Art. 81, as for repeated non-fulfillment by an employee without good reason of his labor duties.

Theft and embezzlement

Perhaps the most indisputable reason for dismissals contains subparagraph D, paragraph 6. Art. 81 of the Labor Code of the Russian Federation “Theft at the place of work (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses.

Already from the text of the law it is clear that in order to dismiss an employee on this basis, a court decision or a decision of an authorized official is necessary, that is, an investigation must be carried out. However, in practice, an employee may be asked not to make a fuss, which in different circumstances can affect both the reputation of the employee himself (even if he is not to blame for anything), and the reputation of the organization itself. And here the choice is yours.

Unsuitability

Professional unsuitability is a discrepancy between the professional qualities of an employee of the position held. In other words, if an employee does not cope with his duties, or copes below the average established level, such an employee may be professionally unsuitable for this position. What to do if you were fired for?

Be careful!

In fact, there are many more reasons for dismissing an employee than listed above. A complete list of grounds for dismissal contains Art. 81 of the Labor Code, which you need to know by heart.

The Labor Code also provides that the termination of an employment contract at the initiative of the employer may also occur in other cases provided for by the employment contract with the head of the organization and members of the collegial executive body of the organization. And in each case, checks must be carried out on the legality of your dismissal. Thus, before signing an employment contract, carefully study it so as not to receive unexpected "surprises".

What is written in pen...

What to do if, in your opinion, an illegal entry has appeared in the labor? According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without legal basis or in violation of the established procedure for dismissal, or illegal transfer to another job, the court, at the request of the employee, may decide to recover in favor of the employee monetary compensation moral damage caused to him by these actions.

Moreover, if the dismissal is declared illegal by the court, the employee has the right to ask the court to change the wording of the grounds for dismissal to dismissal on own will. In accordance with clause 33 of the Rules for maintaining and storing work books, making blank work books and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, if there is an entry in the work book about dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate of the work book at the last place of work, into which all entries made in the work book are transferred, with the exception of the entry declared invalid.

Due to the incredibly frequent requests for help with layoffs, we have compiled TOP 7 important rules especially for applicants - Dismissal under the article. Information was collected during 2013-2015. so that you can confidently communicate with the employer. If we helped you, please express your gratitude in the comments at the bottom of the page. We wish you a peaceful solution labor issues with employers. And professional success to colleagues HR!

We have prepared more articles for you


I have a department women's clothing in the mall. Worked very well, but sales fell 6 months ago and I can’t do anything. And she arranged promotions, and did a sale, everything was like a dead poultice.

True, there were suspicions about the seller, whether he puts discounts in his pocket, or assigns gifts for the action. And then recently I come unexpectedly to the department, and she hung up her personal thing to sell. I poked her with my nose, and she, as if nothing had happened, “Oh, I forgot to say.”

Enter the site

2) the commission of guilty actions by an employee directly serving monetary and material values, if these actions are the basis for the loss of confidence in him on the part of the employer;

42. According to paragraph 2 of Art. 47 of the Labor Code, employees who directly service monetary and material values ​​(reception, storage, transportation, etc.) who have committed guilty acts that give grounds to the employer to lose confidence in these employees can be dismissed.

good afternoon

The employer has the right to dismiss an employee who directly serves monetary or commodity values ​​\u200b\u200bdue to the commission of guilty actions (clause 7 of article 81 of the Labor Code of the Russian Federation), if these actions serve as a basis for the loss of confidence in the employee.

On this basis, only employees directly serving commodity or monetary values, i.e., those engaged in their acceptance, storage, processing, sale, and vacation, can be dismissed.

How to dismiss a seller who does not agree with the result of the audit and is not present at it during the working period

the seller applied for resignation through the post office, the letter was received on May 24, the deadline for calculating 14 days began on May 25, the audit was scheduled for June 6 (the manager was on vacation until May 05), the seller did not come out for an audit, by writing a statement on 22 May. According to the results of the audit, a shortage of 77.0 thousand rubles. how to fire? bring to pay?

In accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, when imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed should be taken into account.

According to par.

How to fire a seller under an article

It all depends on what position you hold. If it is not related to the direct maintenance of monetary or commodity values, then you cannot be fired due to a shortage.

But there is such a basis for dismissal in the law - in connection with the commission by the employee of guilty actions that give rise to the loss of confidence in him on the part of the employer.

On this basis, the employer may dismiss an employee whose duties include selling, storing, receiving, vacationing, transporting, transporting cash or commodity values.

YurClub Conference

Recently I hired a young girl (20 years old), and in her employment record “fired for loss of confidence”. As it turned out, the previous employer fired her under the article only on the basis of the fact that there was an audit and there was a shortage. There was an agreement on collective liability, but no date. Part of the brigade was dismissed out of distrust, part by agreement of the parties. I felt sorry for the girl, her whole life is still ahead, and she has such garbage in her work.

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Only documentary execution will allow you to apply article 81. If the facts are not proven, then you will not be able to dismiss the financially responsible person under the article for lack of confidence. Having done this, we move on to the next steps.

Check all entrusted material assets. The inspection must be attended by representatives of the administration of the enterprise. If there is a shortage, draw up a written inspection report in three copies.

Is it legal to dismiss a seller under an article of distrust?

1 answer. Moscow Viewed 94 times. Asked 2011-05-20 10:40:36 +0400 in the topic “Other questions” Such a situation: they hang up the shortage from nowhere, the partner throws an article in the book distrust at work, they don’t take what to do? - Such a situation: they hang up a shortage from nowhere, a partner throws an article in a book of distrust at work, they don’t take what to do. Further

1 answer. Moscow Viewed 215 times. Asked 2011-11-13 08:11:04 +0400 in the topic " Civil law» Dismissal due to change of residence - Dismissal due to change of residence.

Thread: How to fire a rude salesperson?

There are a lot of claims on work to the employee (formalized). I will give examples, I ask for help on how to fire competently, because "Let them try to fire, I will sue."

1. Disrespectfully and disdainfully treats customers, loudly and often obscenely in the store with another employee and in front of customers talking on the phone for personal purposes.

3. Enters into conflict situations with a senior salesperson in response to remarks about negligent attitude to work (just starts scandals, yells at the whole department).

Unfortunately, I have three stores, I don’t always have the opportunity to cheat red-handed.

Dismissal "under the article": difficult, but possible

To date, most employees are quite well aware of the advantages that it gives them over the employer. Labor Code RF: a significant number of articles of the Labor Code are aimed precisely at protecting the interests of the employee. Any personnel officer and lawyer knows how problematic it is to dismiss a person “under the article” - this requires compliance with numerous formalities. How to solve the problem competently?

First of all, introduce a strict control system based on the submission of reports and memos.

Dismissal of sellers

Lobrogo time of day. My husband is an IP, about to close. He has two maternity workers in his staff. Each child has already turned 1.5 years old. They got a job under a fixed-term employment contract (one term expires on September 5, the other on September 19).

wait for the expiration date of the TD, dismiss due to the expiration of the TD, and only then close the IP. Yes, you will pay another 2.5 months of insurance premiums, but you will not pay them 3 severance pay.

wait for the expiration date of the TD, dismiss due to the expiration of the TD, and only then close the IP.

Dismissal of an employee for shortage

243 of the Labor Code of the Russian Federation describes cases in which the employee bears full liability. If everything is met, then in accordance with Article 248 of the Labor Code of the Russian Federation, then “In the event of the dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.”

If he deliberately does not sign the dismissal order and delays obtaining a work book, then it may well be that he deliberately sabotages and tries to extend the term.

Since the termination of the employment contract is issued by order.