If there is a violation of labor discipline on the part of the employee and other reasons for dismissal, the termination procedure labor agreement the employer has the right to initiate. Dismissal of a young specialist is fraught with difficulties, since such categories of employee receive support at the federal and regional levels.

The following types of assistance are available to citizens:

• one-time payments - as allowances for moving to a new place of work in socially significant professions;
• benefits for family members, including when enrolling in preschool educational institutions;
• provision of housing on preferential terms, including office premises.
• providing subsidies to pay for housing and communal services and other targeted expenses.

A citizen retains the status of a young specialist when he moves to work from one organization to another or when a person has been unemployed for a long time for valid reasons. Along with rights, such categories of workers have responsibilities. Basic Responsibilities: Carry out your job according to the terms and conditions. employment contract, observe labor discipline, adhere to local regulations.

Reasons and grounds for dismissal of a young specialist

They are indicated in Art. 79-81 Labor Code of the Russian Federation. A young specialist can resign by agreement with the employer. Before drawing up such a document, the employee sometimes receives an offer to terminate the employment contract, or the agreement is signed during the actual activities. An employee has the right to submit a resignation letter at will. Then he will have to work for two weeks before stopping work. The application is completed in free form. The document is not necessary, but it is advisable to indicate the actual reasons for termination of the employment contract.

These may be the following circumstances:

• due to joining the army. Then the employee has the right not to work, but to resign immediately;
• In connection with admission to a university as a full-time student, the obligation to work is also not provided.
• sudden illness requiring long-term treatment.

Other reasons for voluntary dismissal can be discussed directly with the employer. If a young specialist leaves the organization by way of transfer, then dismissal is not always provided for. You can limit yourself to an order to transfer an employee to another place of work, including to a branch or separate division of an organization in another region.

It is possible to terminate the employment contract of a young specialist with an employer for the reasons specified in Art. 81 Labor Code of the Russian Federation. It provides for the following offenses on the part of the employee:

1. Periodic violation of labor discipline.
2. Systematic absenteeism – i.e. long absence from work.
3. Loss of trust if the employee dealt with the employer’s material assets or committed an act that discredited the reputation of the public service.
4. Loss of a license, special right - deprivation of a driver’s license for drunk driving.

An employee can also be fired when he is brought to criminal or administrative liability, which may result in punishment in the form of imprisonment or arrest. Termination of an employment contract with a young specialist is also allowed if he commits a disciplinary offense.

In Art. 192 of the Labor Code of the Russian Federation provides for the time limits for bringing a citizen to disciplinary liability. They are 1 month from the moment the offense was discovered or 3 months from the moment it was committed. The total period of attraction cannot be more than a year. If the offense was committed as part of a revision or audit, then the period of involvement is no more than three years.

A disciplinary offense is identified on the basis of an official message or note. The employer has the right to create a commission and conduct an investigation. The Disciplinary Violations Commission may recommend that the employer dismiss the young specialist. The final decision on termination of the employment contract for the reasons specified in the Labor Code of the Russian Federation - Art. 81 remains with the employer.

The following documents are the basis for dismissal:

• application from a young specialist requesting termination of the employment contract;
• a written order from an employer to dismiss an employee. The document is accepted based on the recommendation of the disciplinary commission.
• a dismissal order is a universal basis for terminating an employment contract regardless of the party.

Termination of an employment agreement is possible as part of bringing the employee to criminal liability for fraud, embezzlement, and other crimes. Then the commission's investigation may not be carried out. Materials from a criminal or administrative case may serve as grounds for dismissal of a young specialist.

Dismissal of a young specialist is also possible due to staff reduction. The employee must be notified of this no later than 2 months before the proposed layoff. The employer, if possible, should offer the young specialist another position. If you are not satisfied with it, then you need to obtain a certificate of refusal from the employee. Similar rules are provided for the liquidation of an enterprise.

Additional reasons for dismissal are as follows:

1. Refusal to execute official duties in the absence of disciplinary action.
2. Disclosure of state or commercial secrets.
3. Inconsistency with the position held is a fact that is determined as a result of certification. It cannot be carried out in relation to a young specialist who has been working in the organization for less than a year.

If the termination of an employment contract is carried out at the initiative of the employer, then the fact that is the basis for termination of the employment contract must be carefully recorded. The employee must be given the opportunity to provide written explanations to the employer within two days of the request. Lack of explanation does not prevent the employer from dismissing the employee.

Drawing up an order, guarantees for an employee

A dismissal order is the main document that completes the procedure for terminating an employment contract with an employee. It contains the name of the company, information about the employer, employee - name legal entity, job title, date of employment. The dismissal order contains the basis for termination of the employment contract, with reference to the norms of the Labor Code of the Russian Federation. The employee must familiarize himself with the order against signature. If the young specialist refuses to do this, then a corresponding act is drawn up.

The young specialist is provided with all guarantees regarding the remuneration system. The employee must be paid in full, excluding deductions as fines and financial liability, the size of which is established by contract and usually does not exceed the amount of average monthly earnings. The remaining payments are withheld in court.

The employee must receive:

• salary;
• compensation for unused vacation;
• payments that are due for the period of incapacity of the employee.

On the last day of dismissal, the employee must also receive:

• work book;
• certificate of accrued salary.

Illegal deprivation of a young specialist’s job can be appealed to labor inspection. You can also be reinstated in your workplace with the help of a lawyer in court.

General criteria for obtaining status

A young specialist is an employee who has received primary, secondary or higher education in state or municipal educational institutions, and who began to work during the first year after graduation.

According to legal aspects, obtaining this status provides special guarantees and rights in comparison with other categories of workers.

The status of a young specialist under the Labor Code of the Russian Federation 2019 can be obtained if certain criteria are present:

• full-time education at an educational institution;
• the student studied on a budget basis;
• obtaining final certification and the corresponding diploma;
• the graduate receives a referral to work in a specific place for employment.

If one of the points is not met, then the status cannot be obtained. Exclusively budgetary organizations support young professionals, commercial enterprises can also take part in the program, but this was not a mandatory aspect for them.

The graduate begins to work without a probationary period in accordance with the terms of the employment contract.

An enterprise has the right to dismiss a young employee only due to his disability or general health condition, as well as in a situation where the company ceases operations.

List of benefits

There is a certain list of benefits and compensation that public sector professionals can receive.

Beginning teachers and teachers who work in secondary schools or preschool institutions have the right to receive:

State aid medical workers and junior medical staff is as follows:

Graduates of railway educational institutions also have the right to additional payments:

Amount of lifting payments

Lifting payments are calculated in accordance with the amount of the scholarship that the graduate received during his studies. The amount of subsidies received depends on the region of residence.

There are several types of social support from the state:

Employees who meet certain criteria can apply for government payments:

What are the conditions for issuing in areas of activity?

The employer carries out all due payments graduates. The benefit, which is aimed at social support, is not subject to taxes.

The main requirements for providing cash benefit is employment in a specialty after graduation.

To receive subsidized housing, you must provide a package of documents and add a certificate confirming the need for living space.

An application form for receiving lifting equipment for a young specialist is available.

In this case, the specialist must be equal to 30 percent of the total cost of the purchased residential property.

For teachers

To receive raise payments, young teachers must write an application to the employer, who creates a special order for their appointment.

In order to avoid mistakes, the employee must submit the following documents with the application:

• diploma of higher pedagogical education;
• work book, which is notarized. It must contain a record of employment.

In addition to monetary payments, teachers also have other benefits. These include:

• duration working week does not exceed 36 hours;
• vacation from 42 to 56 days. If the teacher does not take leave, he can take it later for up to one year;
• receiving payments for the purchase of literature every month;
• early retirement.

Teachers working in rural areas receive additional benefits:

• increased size wages;
• subsidy for housing and communal services.

To obtain housing on preferential terms, you must submit a package of documents:

• statement;
• passport;
• university diploma;
• a certificate from the bank confirming the availability of funds;
• document confirming the need for housing;
• children's birth certificates;
• certificates for construction or purchase of real estate.

For doctors

At the federal level, there is a “Zemsky Doctor” program designed to provide assistance to young doctors who have moved from the city to the village.

To receive payments, a specialist must enter into an agreement with the local government authorities at the place of employment.

Lifting facilities are provided to young doctors in the village who have five years of work experience. If a specialist leaves early, he must return part of the amount of money received to him.

The amount of financial assistance is one million rubles. Young professionals can also count on receiving housing.

The main conditions for receiving social support for young doctors are as follows:

• availability of higher medical education;
• age up to 50 years;
• a diploma with good grades, it should only contain grades 5 and 4;
• work on a permanent basis in the village.

To participate in the program you must provide:

• passport;
• application for participation in the Zemstvo Doctor program;
• consent of the Ministry to participate in the program;
• employment contract;
• diploma of higher education;
• The order of acceptance to work;
• statement of account.

Thus, young professionals have the right to receive additional benefits and allowances. A complete list of payments and compensations can be obtained from local governments.

These actions are aimed at employing graduates after graduating from secondary and higher state educational institutions.

The main types of benefits are lifting payments, compensation for moving to the area of ​​employment, preferential terms of mortgage lending.

YOUNG SPECIALIST - CAN HE BE FIRED?

The grounds for dismissal of young specialists are provided for by the Regulations on the procedure for distribution, redistribution, assignment to work, subsequent assignment to work of graduates who have received postgraduate, higher, secondary specialized or vocational education (hereinafter referred to as the Regulations) and labor legislation.

The regulations provide for the grounds for the dismissal of young specialists assigned in the usual manner, and “targeted” employees, that is, young specialists who entered the areas of a business entity.

Dismissal of a young specialist

According to the Regulations, the dismissal of young specialists, young workers (employees) or their transfer to a job that is not related to the acquired specialty (specialty area, specialization) and assigned qualifications, before the end of the period specified in the employment certificate compulsory work prohibited.

Exceptions are listed in the Regulations. These are the cases:

— transfer to an elected position (clause 4 of article 35 Labor Code Republic of Belarus (TC));

— making a decision by an educational institution on the redistribution of a young specialist, young worker (employee) or on issuing him a certificate of self-employment;

— enrollment in an educational institution for full-time education to obtain a higher level of education;

— violation by the employer of labor legislation, collective agreement, employment contract (Article 41 of the Labor Code). Let us note that the fact of violation by the employer of labor legislation, a collective agreement, or an employment contract must be established in a certain order (by the body supervising compliance with labor legislation, trade unions, court);

- dismissal at the initiative of the employer on the grounds provided for in paragraphs 1, 2, 4 - 9 of Art. 42 and in paragraphs 2 - 7 of Art. 47 of the Labor Code, as well as due to circumstances beyond the will of the parties, provided for in paragraphs 1 - 3, 5 - 7 of Art. 44 TK.

Employer initiative

Termination of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, is possible at the initiative of the employer (Article 42 of the Labor Code) in the following cases:

1) liquidation of an organization, termination of the activities of a branch, representative office or other separate division organizations located in another area, termination of activities individual entrepreneur, reduction in the number or staff of employees (clause 1);

2) the employee’s inconsistency with the position held or the work performed due to a health condition that prevents the continuation of this work (clause 2);

3) systematic failure by an employee, without good reason, to fulfill the duties assigned to him by an employment contract or internal rules labor regulations if disciplinary measures were previously applied to the employee (clause 4);

4) absenteeism (including absence from work for more than three hours during a working day) without good reason (clause 5);

5) absence from work for more than four months in a row due to temporary disability (not counting maternity leave), unless the law establishes a longer period for maintaining a job (position) in case of a certain illness. For employees who have lost their ability to work due to a work injury or occupational disease, their place of work (position) is retained until their ability to work is restored or disability is established (clause 6);

6) appearing at work in a state of alcoholic, narcotic or toxic intoxication, as well as drinking alcoholic beverages, using narcotic drugs, psychotropic substances, their analogues, toxic substances in work time or at the place of work (clause 7);

7) theft of the employer’s property at the place of work, established by a court verdict that has entered into legal force or a resolution of the body whose competence includes the imposition of an administrative penalty (clause 8);

8) a single gross violation of labor protection requirements, resulting in injury or death of other workers (clause 9).

Additional reasons

There are additional grounds for termination of an employment contract (Article 47 of the Labor Code). Thus, a contract with a young specialist can be terminated in cases of guilty actions committed by an employee who directly services monetary and material assets, if these actions are the basis for the loss of trust in him on the part of the employer (clause 2). Or an employee performing educational functions commits an immoral offense that is incompatible with the continuation of this work (clause 3). Or the occurrence (establishment) of circumstances that impede the implementation pedagogical activity or teaching activities in the field physical culture and sports in accordance with legislative acts (clause 7).

Does not depend on the will of the parties

Article 44 of the Labor Code provides for grounds for termination of an employment contract due to circumstances beyond the control of the parties, such as the reinstatement of an employee who previously performed this work or the occurrence of established by law restrictions on engaging in certain types of activities that prevent the continuation of work.

Targeted training

According to the Regulations, the dismissal of young specialists who have received higher, secondary specialized or vocational education under the conditions of targeted training before the end of the work period established by the agreement on targeted training of a specialist (worker, employee) is allowed:

- on the grounds provided for in paragraphs 4, 5, 7, 8, 9 of Art. 42, in paragraphs 1, 5 - 7 of Art. 44 and in paragraphs 1, 2 - 7 of Art. 47 TK;

- in case of termination of the contract for targeted training of a specialist (worker, employee) on the grounds specified in paragraphs 5, 6 of Art. 88 of the Code of the Republic of Belarus on Education (Code on Education).

According to the Education Code

Article 88 regulates the issues of reimbursement to the republican and (or) local budgets of funds spent by the state on the training of a scientist highly qualified, specialist, worker, employee.

According to paragraph 5 of Art. 88 of the Education Code, graduates sent (redirected) to work in accordance with an agreement on targeted training of a specialist (worker, employee) are exempt from reimbursement to the republican and (or) local budgets of funds spent by the state on their training if they:

5.1. are disabled children under the age of eighteen, disabled people of group I or II, if it is impossible to provide a new place of work by subsequent assignment to work, taking into account their state of health at the place of residence of their parents, husband (wife) or, with their consent, another available place work;

5.2. have one of the parents, or the husband (wife) of a disabled person of group I or II, or a disabled child, if it is impossible to provide, through subsequent assignment to work, a new place of work at the place of residence of this parent, husband (wife), disabled child;

5.3. have medical contraindications to work in the acquired specialty (specialty area, specialization) and assigned qualifications, if it is impossible to provide a new job by subsequent assignment to work, taking into account their state of health.

According to paragraph 6 of Art. 88 of the Education Code, graduates sent (redirected) to work in accordance with an agreement on targeted training of a specialist (worker, employee) are exempt from reimbursement to the republican and (or) local budgets of funds spent by the state on their training, if the employment contract ( contract) with them was terminated due to:

6.1. liquidation of an organization, termination of the activities of an individual entrepreneur, reduction in the number or staff of employees (clause 1 of Article 42 of the Labor Code), if it is impossible to provide a new job by subsequent assignment to work;

6.2. violation by the employer of labor legislation, a collective or labor agreement (Article 41 of the Labor Code), if it is impossible to provide a new job through subsequent assignment;

6.3. inconsistency of the employee with the position held or the work performed due to a health condition that prevents the continuation of this work (clause 2 of Article 42 of the Labor Code), if it is impossible to provide a new place of work through subsequent assignment;

6.4. absence from work for more than four months in a row due to temporary disability (not counting maternity leave), unless the law establishes a longer period for maintaining a job (position) in case of a certain illness (clause 6 of Article LC), if it is impossible to provide by subsequent assignment to a new place of work;

6.5. circumstances beyond the control of the parties (clauses 2 and 3 of Article 44 of the Labor Code), if it is impossible to provide a new job through subsequent assignment.

Elena Kornushenko, lawyer

Law office "Sysuev, Bondar, Khrapoutsky SBH"

Dismissal of a young specialist

In Russia there is a catastrophic shortage of young specialists in some fields of science and in some professions. To attract young people, several motivating norms have been developed. How can you fire an employee who has this status?

To answer this question, you need to understand which employees fall into this category. The following employees have the status of “young specialist”:

• under 35 years of age. In some regions, for example, in areas that belong to the Far North, this limit is reduced to 30 years;
• After graduating from an educational institution, he must get a job in the organization to which he was assigned.

Young professionals are provided with the following support measures:

• one-time payments;
• reimbursement of payment expenses kindergarten to the child in full or only partially. We are talking about a state preschool institution;
• issuance of a gratuitous loan for the purchase of housing;
• provision of preferential loans and loans for the purchase of housing.

All of these incentive payments are entirely voluntary. They must be specified in an employment or collective agreement, or in another local regulatory act.

It is worth understanding that it is impossible to dismiss a young employee without problems within a certain period. As a rule, this is 2 years. But it may vary depending on the employee’s industry, as well as the location.

It is worth considering the following nuances:

• if the employee during this period wishes to resign of his own free will, then he will have to return the funds that the employer spent on his training;
• If such a decision is made by the employer himself, then he has no right to demand any compensation from the employee.

You can dismiss a young employee on the general basis, which is prescribed in Art. 77 Labor Code of the Russian Federation:

• agreement of the parties. That is, the employee and employer agree that the employment relationship will terminate upon certain conditions. These conditions are reflected on paper, which is signed by both parties;
• termination of the employment contract. The exception is when the contract has expired and the employee continues his activities. At the same time, the employer did not demand termination of the relationship;
• employee's desire. He must write a statement in which he will reflect his desire. It is not necessary to indicate a reason. But if you need to quit urgently, then the reason must be indicated;
• employer initiative. You cannot simply fire someone at the request of the employer! In Art. 81 of the Labor Code of the Russian Federation provides clear grounds for termination of relations by the manager. Any basis must be supported by documents;
• transfer of an employee to another employer or to another position (elected). Written consent must be obtained from the employee;
• the employee’s refusal to fulfill his duties due to the fact that the employer’s working conditions have changed;
• an employee’s refusal to abdicate his or her job duties due to a change in the ownership of the enterprise’s property;
• other grounds listed in Art. 77 Labor Code of the Russian Federation.

Dismissal of a young specialist at his own request

Such grounds for termination labor relations provided for in Art. 80 Labor Code of the Russian Federation. It says that an employee, regardless of category and status, must notify his employer of his desire to terminate the contract with him at least 2 weeks in advance. This period is called compulsory service, although such legal concept No.

However, there are several nuances that must be observed; if a young employee decides to quit on his own, the employer can:

• demand compensation from him for training fees if this process was paid for by the employer;
• forgive him all expenses for training.

This point must be specified in the contract with such an employee. The period during which the employee is under such obligations must also be indicated. As a rule, this is 2–3 years after graduation.

If the enterprise where a young specialist is employed after studying is financed from the budget, then the latter cannot quit before the agreed date without reimbursing to the budget all the funds that were spent on him in connection with his studies.

Dismissal of a young specialist without work experience

You can fire a young employee who has no work experience yet:

• at the initiative of the employee himself;
• at the initiative of the employer.

Dismissal of such an employee by agreement of the parties is quite rare.

If a young specialist who does not have a job decides to leave on his own, then the question arises of compensation for the costs of his training. If the payment was made from the employer's funds, then they must be returned. If the employee studied for free, then there can be no talk of any compensation. If the employer himself decides to part with such an employee, then the employee does not have to compensate for the funds for training. On the contrary, the employer must still pay him severance pay if the reason for the dismissal is not the guilty actions of the young employee.

Dismissal at the initiative of an employee occurs according to the general rules:

• he writes a statement 2 weeks before the date of expected departure;
• works the required 2 weeks;
• receives a full payment and that’s it Required documents.

If the termination of an employment contract occurs at the initiative of the employer, but in the presence of guilty actions on the part of the employee, then all personnel documents must be formatted correctly. Otherwise, such employee may sue illegal dismissal and achieve reinstatement in the workplace.

Dismissal of a young specialist for absenteeism

Absenteeism is the absence of an employee from the workplace, without good reason, for more than four hours in a row or within one shift. But the employer has no right to dismiss an employee until he appears at the workplace and explains his behavior. This general position, which applies to absolutely all employees, including those who belong to preferential categories.

If a young specialist does not show up at the workplace and does not give any explanation, the employer must take independent measures to find him. You need to call your mobile phone and home phone, go to his house. If the employee does not get in touch and is not at home, you must write a statement to law enforcement agencies.

If the employee appears at the workplace, the employer must require a written explanation from him for absenteeism. If you missed work time good reasons, and the employee has supporting documents, then he cannot be fired. If the absenteeism is not justified, then you can dismiss him. But for this it is necessary to prepare the following personnel documents:

• draw up an absenteeism report, which will be signed by the boss structural unit and two witnesses. If the enterprise is small, then the director himself can sign the act;
• written explanation from the employee. If he refused to write it, then again he needs to draw up an act and also sign it;
• the employee must be notified that this applies to him disciplinary action in the form of dismissal. To do this, it is necessary to prepare a written notice, which is given to the employee. He must sign that he received it. If he refuses, then draw up the act again;
• you need to prepare a dismissal order. The employee must sign it. If he refuses, it’s another act;
• on the day of dismissal, provide the employee with a paycheck and the necessary documents. The employment contract must indicate subsection as the basis for termination of the employment contract. “a” 6 p. art. 81 Labor Code of the Russian Federation.

Dismissal of a young specialist for violations

If a young employee has committed some guilty actions against the employer or his property, then disciplinary action in the form of dismissal may be applied to him. But to prevent an employee from filing a lawsuit and demanding reinstatement at work, as well as payment of compensation and payment for forced absence, the employer must complete all the documents correctly.

For example, if an employee appears at the workplace in a state of alcoholic or other intoxication, then this fact can only be confirmed by a medical report. “Odor” is not grounds for dismissal.

Also, acts of violation must be drawn up, an explanatory note (written only) must be taken from the perpetrator, and an internal investigation must be conducted. The wine employee must be familiarized with all documents against signature. If he does not want to sign anything, then an appropriate act must be drawn up, which is signed by the offender’s boss and two witnesses.

If necessary, deductions can be made from the employee’s salary, but this point must also be properly documented from the point of view of the personnel and accounting departments.

A young specialist is a preferential category of employees if the employer himself decides so. But this is not a reason for the latter to violate labor discipline and daily routine. Only the same sanctions and penalties can be applied to him as to an ordinary employee.

By labor law dismissal is the termination of the employment relationship between the employee and the employer. If we consider it from the point of view of personnel records, this is the procedure following the termination of the employee’s duties under the employment contract. Article 77 of the Labor Code of the Russian Federation provides general grounds on which an employer has the right to dismiss a specialist.

In this case, there are categories of citizens that are additionally protected by law. One of which is young professionals.

Who is this

The concept of “young specialist” is not enshrined in law. In various interpretations can be found in industry agreements, normative legal acts, the purpose of which is to regulate the employer’s labor relations with this category of employees. Art. 70 of the Labor Code of the Russian Federation gives it general concept. Standing apart from it are those specialists whose rights are under special protection of the legislative process.

They must meet the following requirements:

• A full-time student who has received a diploma of secondary specialized or higher education, participating in the distribution to organizations from a university with mandatory period 2 years of service public service(budgetary organization such as school, army, hospital, etc.)
• No older than 35 years, in some regions - 30.
• He cannot get a job assigned to an organization again after receiving his diploma.

Important! The status can be extended in certain cases if the employee is undergoing military service, is studying full-time in graduate school, is on maternity leave, etc.

The status is maintained for two years after graduation, even if you change jobs.

Guarantees and benefits

The lack of a clear legal status for this category of workers leads to the fact that some are not aware of their rights, while others do not consider it necessary to comply with them.

Below is a list of guarantees that an employee can count on if the status of a young specialist is proven:

In addition to them, there are also separate guarantees for young specialists:

Guarantees not regulated by the Labor Code of the Russian Federation, but which take place in the collective agreement:

1. Securing a mentor
2. Advanced training or retraining at the expense of the employer
3. Incentive bonuses: one-time benefits when applying for a job, lifting allowances, monthly bonus for 3 years
4. Financial assistance for settling in place of residence
5. Assistance in resolving housing issues (providing a service apartment, assistance in purchasing housing, etc.)

Is it possible to fire a young specialist?

Both the specialist and the employer can terminate the employment contract. In the first case, the employee must reimburse the company or the state for all training costs.

The manager has the right to dismiss a young specialist who does not fulfill his obligations. These include:

• Compliance with the requirements of the Labor Code of the Russian Federation
• Improving your professional skills
• Eliminate deficiencies in your work identified by yourself and senior management
• Responsible execution of instructions
• Compliance with generally accepted moral and ethical standards.

For example, if a young specialist is a teacher or manager, if there are facts of failure to fulfill his official duties as prescribed in the employment contract, he has the right to issue a disciplinary reprimand. If there are more than 3 comments, the director can legally initiate the dismissal procedure with a corresponding entry in the work book.

Reasons for dismissal

The law prohibits the dismissal of young specialists if the mandatory service period does not occur. The exception is the conditions prescribed in the Labor Code of the Russian Federation, namely:

• Article 77 of the Labor Code of the Russian Federation, if this does not contradict the rights of the employee as a young specialist
• When contracting.

Procedure for terminating an employment contract

If the initiator is an employee, you must write a letter of resignation of your own free will in free form. It should contain the following information:

• Formulation that explains that the initiator is the employee (“I ask you to dismiss”, “I ask you to terminate the employment contract”)
• Last day of work
• Employee signature with transcript.

The termination procedure is regulated by Article 84 of the Labor Code of the Russian Federation. The employer issues an order in the T-8 form. The employee must be familiar with it personally.

Registration procedure:

• In the document header in the upper right corner there is the name of the organization, OKPO code, number and date of preparation of the document
• The body of the order indicates the number of the employment contract to be terminated, as well as the document that is the basis for termination (employee statement, memo, redundancy order, etc., its number and date) and article of the Labor Code of the Russian Federation, by virtue of which the employer has the right to terminate the contract
• Below is the signature of the manager with a transcript
• “I have read the order” – the employee’s signature and the date on which the person was familiarized.

Consequences of dismissal of a young specialist

The state strictly monitors the legality of dismissal of young specialists. Enterprises need to have a clear evidence base to protect your interests:

• If the employer pays for the training of a specialist, include in the contract a clause on reimbursement of funds if the employee quits before the working period
• Establishing a probationary period is illegal, otherwise there may be an appeal to the court or to a legal inspector
• When reducing staff, dismissing a young specialist who is not required to undergo certification during the first year after graduation, it is necessary to clearly prove the professional suitability of another person.

Expert opinion in matters of terminating a contract with a young specialist

Experts have differing opinions regarding the legislative protection of young professionals.

“Put yourself in the employer’s shoes. By hiring a university graduate, he is buying a pig in a poke - a specialist with no experience, with an unclear character. He takes, gives a salary, and if there is a need to reduce staff, instead of laying off a young specialist who is of little use at the moment, he will be forced to lay off an experienced worker. And all because young specialists have guarantees”...

Andrey Alekseevich Gudkov - Doctor of Economics, independent expert.

“We don’t have an institute for young specialists, there’s no quota for young people, and they leave. This is a pain for Russia. A young man must have a guarantee; after graduation he cannot be fired for three years”...

Commissioner for Human Rights in the Russian Federation Tatyana Nikolaevna Moskalkova.

Case studies

Example 1. A programmer, as a young employee, was paid a monthly extra 5% of his salary in the first year of work, and 10% in the second. After 1.5 years, the employer dismisses the employee due to disciplinary violation, demanding reimbursement of all previously paid allowances. If guilt is proven, the dismissal will be legal, but the specialist is not obliged to compensate anything, since wages from previous periods were paid for the duties they performed.

Example 2. A young specialist was laid off after 1.5 years of work. Another vacancy is offered to fill the place of a pensioner who intends to continue working. Since the onset of retirement age does not imply termination of the employment contract, if there are proper grounds, the employer has the right to lay off a less qualified specialist in accordance with Article 179 of the Labor Code of the Russian Federation.

Answers to frequently asked questions

Question No. 1 Can a young teacher who, after graduating from a pedagogical university, get a job in private school, for benefits and additional payments according to your status?

Answer: no it cannot. Such benefits apply only to budgetary organizations (schools, kindergartens, etc.). The status of a young specialist can be proven by the relevant direction of the university.

Question No. 2 Does the employer have the right to transfer a young specialist to another job?

Answer: no, it cannot. If the profile differs from what is indicated in the diploma, the young specialist may not give his consent.

Question #3 Do they have the right to fire a specialist if they do not provide a mentor?

Answer: The mandatory provision of a mentor is not regulated by the Labor Code of the Russian Federation. If there is a fact of failure to comply with a violation of discipline or repeated neglect of one’s job responsibilities, the dismissal procedure is legal.

Hello, dear friends!

Today I have positive news, my friend called who was laid off, remember? He passed the second stage of the interview and actually got a job new job. I keep my fingers crossed for him and hope that everything works out in his favor. You and I have already touched on the topic of staff reduction several times, but I can’t help but think that we haven’t done enough work. Specifically, we have not discussed the nuances of who cannot be laid off.

Taking advantage of people's ignorance of their rights, many employers act, to put it mildly, inappropriately, or rather, illegally. It is your responsibility as professionals and employees to know your rights and pass this information on to other employees. Money is good, but you can't buy a reputation.

Let's consider:

• Which category of employees is not subject to staff reductions?
• Under what conditions does an employee have benefits to retain his job?

The topic is small and simple, but important for understanding and assimilation. I do not encourage you to cram what is written below, but you need to read and understand, believe me, this information will be useful to you more than once in your work and in life. Ready? Let's begin!

Who cannot be fired due to staff reduction?

Sometimes downsizing is inevitable. But even in this case, the employer does not have the right to lay off some employees. Who, when and why has special rights and “privileges” during staff reductions?

We recently wrote about what rights an employee has if a company is reducing staff, and how you can defend these rights: What do you need to know about dismissal due to staff reduction? But some employees have special “privileges” when staffing or staffing is reduced.

Simply put, the employer does not have the right to fire them due to staff reduction. True, the workers themselves often do not even suspect that they have any special rights. So before you get upset about upcoming reduction, you must first make sure that you really do not have any benefits, and the employer has the right to lay you off.

Of course, each case is individual, and sometimes it is more profitable to “downsize”, look for a new job and at the same time receive financial compensation from the previous employer. But situations are different, and knowing your rights is, in any case, useful.

So, which employees are considered according to Russian laws"irreducible"? All of them are listed in the Labor Code.

"Non-redundant" employees

By the way, not only individual positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. But, in any case, when laying off workers, the rights of workers must be respected, and those who cannot be laid off must remain in the company. If it is planned to reduce an entire division, then “non-redundant” employees must be transferred to other departments of the organization.

The employer does not have the right to dismiss the following categories of employees due to staff reduction:

1. workers who are temporarily disabled - part 6 of Article 81 of the Labor Code of the Russian Federation (medical certificates will be required to confirm disability);
2. workers who are guaranteed job security during their absence. For example, this includes women on maternity leave (Part 4 of Article 256 of the Labor Code of the Russian Federation), as well as other employees on leave (this includes the most different types vacations: study, main leave, additional, leave without pay);
3. pregnant women (the exception is the case when the entire enterprise is completely liquidated) - on the basis of Article 261 of the Labor Code of the Russian Federation;
4. women raising children under three years of age; single mothers raising a child under 14 years of age or a disabled child under 18 years of age, and other persons (this includes guardians, foster parents, etc.) who are raising such children without a mother (an exception to this rule is, again same, liquidation of an enterprise or the commission of guilty actions by these persons) - on the basis of Article 261 of the Labor Code of the Russian Federation;
5. members of trade unions (their rights are described in paragraphs 2, 3 and 5 of Article 81 of the Labor Code of the Russian Federation);
6. employee representatives who conduct collective bargaining;
7. participants in the resolution of collective disputes.

If an employee belongs to any of these categories and was nevertheless dismissed due to redundancy, restoration through the court occurs easily, one might say, almost “automatically”.

Workers with "privileges"

In addition to workers who cannot be laid off, there are also workers who have advantages over their colleagues. First of all, this applies to a situation where an employer is forced to lay off one of two identical positions. For example, out of two accountants working with the “bank, cash desk” section, only one should remain. Who to choose for redundancy? It would seem that the choice depends entirely on the employer. But it is not so.

The Labor Code prescribes to the employer who he should “sacrifice” last. This information is contained in Article 179 of the Labor Code of the Russian Federation. If there are two identical positions, then employees with higher labor productivity and higher qualifications should be retained in the company.

What if the productivity and qualifications of employees are equal? In this case, the employer must take other factors into account. Of the two employees, one of whom is subject to dismissal, the right to remain in the organization has:

1. employees who have a family with two or more dependents;
2. employees in whose family there are no other self-employed workers;
3. employees who received during their employment of this employer work injury or occupational disease;
4. employees who improve their skills at the direction of the employer without interruption from work;
5. disabled combatants in defense of the Fatherland.

So, the Labor Code does not assume that “in the face of layoffs” all workers are equal. There are employees who should not be laid off, as well as those who should be laid off only as a last resort. If you fall into one of these categories, you should remember your rights.

What if you are not among the “privileged” and they have every right to lay you off? In this case, the employer must pay sufficient monetary compensation to the employees.

Source: http://www.zarplata.ru/a-id-32187.html

Who cannot be fired due to reduction?

Before making changes to the staffing table, the manager must make a choice about who he can and should keep in the workplace and who will have to leave. The criterion for this is not only an indicator of efficiency, but also certain standards established by law. There are employees who cannot be fired by law, as well as those who have preemptive right on workplace.

The following categories of citizens cannot be dismissed due to a reduction in the number and staff of employees (Article 261 of the Labor Code of the Russian Federation):

• pregnant women,
• women with children under three years of age,
• single mothers raising a child under 14 years of age (disabled child under 18 years of age),
• other persons raising these children without a mother.

The following categories of citizens have a preferential right to a workplace when laying off employees of an organization (Article 179 of the Labor Code of the Russian Federation):

workers with higher labor productivity and documented qualifications (data on meeting production standards, quality of work, higher education diploma vocational education, obtaining a second education, having an academic degree, academic title, etc.)
with equal labor productivity and qualifications, the following have an advantage:

• family in the presence of two or more disabled family members with full support of the employee;

The following are considered incapable of work:

• children, brothers, sisters and grandchildren who have not reached the age of 18 or are studying full-time in educational institutions regardless of their organizational - legal form. The exception is institutions of additional education. The norm is valid until the end of such training and until the age of 23 years. Children, brothers, sisters and grandchildren over this age if they became disabled before the age of 18 and have limited ability to work. At the same time, brothers, sisters and grandchildren are recognized as disabled family members, provided that they do not have able-bodied parents;
• one of the parents or spouse, grandfather or grandmother, regardless of age and ability to work. A brother, sister or child who has reached the age of 18 if they are caring for children, brothers, sisters or grandchildren under 14 years of age and are not working;
• parents and spouse, if they have reached 60 or 55 years of age (men and women, respectively) or are disabled people with limited ability to work;
• grandfather and grandmother, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to labor activity, in the absence of persons who, in accordance with the law, Russian Federation are obliged to support them (Article 9 of the Law of the Russian Federation “On Labor Pensions in the Russian Federation”);
• persons in whose family there are no other independent workers;
• employees who received a work injury or occupational disease in this organization;
• disabled people of the Great Patriotic War and military operations to defend the Fatherland;
• employees who improve their qualifications in the direction of the employer without interruption from work;
• other categories of workers provided for by the collective agreement.

In addition, the persons specified in federal laws have a preferential right to remain at work:

1. authors of inventions (Article 35 of the USSR Law of May 31, 1991 No. 2213-1 “On inventions in the USSR”);
2. spouses of military personnel - in government organizations, military units (Article 10 Federal Law dated May 27, 1998 No. 76-FZ “On the status of military personnel”);
3. citizens discharged from military service, and members of their families at work, where they entered for the first time after dismissal from military service, as well as single mothers of citizens undergoing conscription military service (Article 23 of the Federal Law of May 27, 1998 No. 76-FZ " On the status of military personnel");
4. persons who have suffered radiation sickness and other diseases caused by the consequences Chernobyl disaster and related to radiation exposure. Persons who became disabled as a result of the Chernobyl disaster. Participants in the liquidation of the consequences of the Chernobyl disaster in the exclusion zone in 1986 - 1990. Persons evacuated from the exclusion zone. (RF Law of May 15, 1991 No. 1244-1 “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant");
5. persons exposed to radiation as a result of nuclear tests at the Semipalatinsk test site, who received a total (accumulated) effective radiation dose exceeding 25 cSv (rem) (Article 2 of the Federal Law of January 10, 2002 No. 2-FZ “On social guarantees for citizens exposed to radiation exposure due to nuclear tests at the Semipalatinsk test site").

Provide written notice of layoffs

Two months before dismissal, the employee must be warned against a receipt about the reduction of his position (Part 2 of Article 180 of the Labor Code of the Russian Federation).

If he refuses to read the written notice, it will be sent to him at his home address. by registered mail with notice. It is also necessary to draw up an act of refusal to read the written notice. This will subsequently help the employer if former employee will go to court with a claim about the illegality of the dismissal procedure. The employer will be able to document that he did everything to comply with the procedure, and it was the employee who violated it.

Issue a layoff order

The two main documents that launch the process of staff reduction must be drawn up at the first stage of this process. Thus, it is necessary to issue an order to reduce the number or staff of employees, as well as prepare and approve a new staffing table with the date of its entry into force after the completion of the reduction procedure.

Notify employment authorities and trade union

It is necessary to notify the employment service authorities and the elected body of the primary trade union organization in writing about the upcoming release of workers no later than two months before the start of the relevant activities. In case of mass dismissal of workers - no later than three months in advance. It is necessary to indicate the position, profession, specialty and qualification requirements for employees, and the terms of payment for each specific employee.

Dismissal is considered mass if:

1. an enterprise of any organizational and legal form with 15 or more employees is liquidated;
2. The company's staff is being reduced in the following quantities:
   • 50 or more people within 30 calendar days;
   • 200 or more people within 60 calendar days;
   • 500 or more people within 90 calendar days;
3. 1% of the total number of employees is dismissed due to the liquidation of enterprises or a reduction in headcount or staff within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

Industry or territorial agreements may establish other criteria for assessing mass releases.

Offer another position

After the employer has informed the employee in writing about his future layoff, he must take measures to accommodate the employee. The Labor Code requires that each dismissed employee be given the opportunity to be transferred to an existing job in writing (Part 1 of Article 180 of the Labor Code of the Russian Federation). This implies a transfer within one organization, but the employer can assist in the transfer of the employee to another employer. Dismissal due to a reduction in the number or staff of an organization's employees is permitted if it is impossible to transfer the employee with his consent to another job (Part 2 of Article 81 of the Labor Code of the Russian Federation). Failure to comply with this requirement is a violation of labor laws.

The employee must provide a refusal of the proposed position in writing. This will allow you to have documentary evidence of his reluctance to take the proposed position.
Offered at internal translation positions must be present in the new staffing table. Must have approved job descriptions with a list of responsibilities, and the terms of remuneration must also be approved.

If the company does not have a job that matches the employee's qualifications, the employer may offer a lower-level position in the local area. The employer is obliged to offer vacancies in other localities if this is provided for in collective or labor contracts or agreements.

Request a reasoned opinion from the trade union

If the former employee is a member of a trade union, then before terminating the employment relationship with him, it is necessary to send there a copy of the order and other documents that contain the rationale for such a decision. It is also worth sending a copy of the dismissal order to the union. It is advisable to carry out these actions after 1 month, in case of mass layoffs - after 2 months from the moment the employee was notified of the upcoming dismissal.

Elected trade union body, in accordance with Art. 373 of the Labor Code of the Russian Federation, considers this issue within seven working days from the date of receipt of the draft order and copies of documents and sends its motivated opinion to the employer in writing.

If the elected trade union body has expressed disagreement with the proposed decision of the employer, it holds additional consultations with the employer or its representative within three working days, the results of which are documented in a protocol. If a compromise has not been reached as a result of consultations, the employer, after ten working days from the date of sending the package of documents to the trade union, has the right to make a final decision. It can be appealed to the relevant state labor inspectorate.

Maintain special procedures for certain categories of workers
Dismissal in connection with the reduction of heads (their deputies) of elective collegial bodies of primary trade union organizations (including within two years after the end of their term of office), elective collegial bodies of trade union organizations of structural divisions of organizations (not lower than workshops and equivalent to them), not exempt from their main job, as well as workers under the age of eighteen, are allowed in addition to the general procedure for dismissal in compliance with the provisions of Art. 269, 374, 376 Labor Code of the Russian Federation.

Issue an order to terminate the employment contract

It must be remembered that the dismissal of an employee at the initiative of the employer (except for the liquidation of the organization) during the period of his temporary disability and while on vacation is not allowed.

Each employee is familiarized with the dismissal order due to a reduction in the number or staff of the organization's employees against signature.

Register an order

It is necessary to register the order in the Register of Orders (Instructions).

Pay severance pay

The calculation and payment of wages, severance pay (in accordance with Article 178 of the Labor Code of the Russian Federation) with all payments due to the employee occurs on the day of dismissal. Calculation of monetary compensation for all unused vacations (preparing a calculation note is required).

If the employment contract is terminated due to the liquidation of the organization, or a reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings. The person being dismissed retains his average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal. This may be due to the decision of the employment service body if, within two weeks after dismissal, the employee contacted this body and was not employed by it.

In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee was absent on the day of dismissal, then payments must be received by him no later than the next day. In the event of a dispute about the amount of the amount due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the above period.

Termination of an employment contract before the expiration of the notice period

With the written consent of the employee, the employer may terminate the employment contract with him before the expiration of the two-month notice period. This is possible when the employer pays him additional compensation. Its size is calculated from the employee’s average earnings in accordance with the time until the end of the notice period. (Part 3 of Article 180 of the Labor Code of the Russian Federation).

Issue a work book and personal card

The work books of the organization's employees are filled out in accordance with the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003 and the Instructions for filling out work books (Appendix No. 1 to the Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69). Employment history issued to the employee on the day of termination of the employment contract.

The concept of “Young Specialist” is not contained in labor legislation; accordingly, the procedure for regulating labor relations with such a specialist is not disclosed. In this case, the Parties should be guided by the agreement that was concluded between the young specialist and the employer, and internal local regulations.

Who is a “young specialist”?

According to Art. 5 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the regulation of labor and other relations directly related to them is carried out not only by the Labor Code of the Russian Federation, but also by other federal regulatory legal acts, regulatory legal acts executive power subjects of the Russian Federation and local governments, local regulations. Thus, for a rough idea of ​​the concept of “young specialist”, you can refer to other acts.

When analyzing legislation, both federal and regional (Resolution of the Government of the Russian Federation dated December 13, 2017 N 1544; Moscow Law dated September 30, 2009 N 39), an employee who:

a) completed his studies at educational organization according to basic professional educational programs (higher or secondary vocational education);

b) entered work for the first time or has a short work experience (on average from one to three years);

c) not older than 35 years.

Sometimes some organizations in their local regulations also include as young specialists people entering work for the first time, regardless of their education, no older than 30–35 years, or people of the specified age sent for training by the employer. Additional educational criteria may also be established, for example, according to the form of education (usually full-time).

The status of “young specialist” is retained by the employee for a period of time specified by law or by the employer in local regulations - usually from one to three years. In most organizations, the period for maintaining status is set by the employer himself.

Unlike ordinary employees who have come to a new place in an organization, young specialists have the right to certain support measures, which are established by regional legislation depending on the specific entity:

• One-time payments.
• Reimbursement of expenses for children attending kindergartens (partial or full).
• Providing a loan for home improvement without interest.
• Providing preferential loans or subsidies for the purchase of housing.

In addition to rights and benefits, employed young specialists (graduates) also have responsibilities: to perform their work conscientiously, to comply with the norms of local acts of the organization, to prevent gross violations. For the latter, they are most often fired, but in order to carry out the procedure correctly, you need to know some of its features and the grounds for terminating an employment contract.

Peculiarities of labor relations with young specialists

In general, the same legal regime applies to young professionals as for other workers. However, there are also some exceptions.

So, in accordance with paragraph 5, part 4, art. 70 Labor Code of the Russian Federation probation is not established for persons who have received secondary vocational education or higher education in state-accredited educational programs and who are entering work for the first time in the acquired specialty within one year from the date of receiving vocational education at the appropriate level.

A probationary clause for a young specialist can be included in an employment contract if any of the following conditions are met:

a) more than one year has passed since the date of receipt of professional education of the appropriate level (the date of issue of the diploma is taken as the starting point);

b) a person enters a job in a specialty other than that indicated in the diploma (for example, he graduated as an accountant and is entering the position of system administrator);

c) the employee gets a job in his specialty again;

d) the employee studied in programs that do not have state accreditation (such persons, as a rule, are not issued state diplomas).

What should a “young specialist” take into account if he plans to quit?

If a “young specialist” decides to quit, then it is necessary first of all to study in detail the employment agreement (contract), as well as the local regulations of the employer. If no restrictions have been established anywhere for a young specialist to terminate an employment contract, then one should be guided by the norms of the Labor Code of the Russian Federation. In this case, you have the right to terminate the employment agreement (contract) with the employer at your request, in accordance with Art. 80 of the Labor Code of the Russian Federation, without any consequences.

In Art. 80 of the Labor Code of the Russian Federation states that an employee, regardless of category and status, must notify his employer of his desire to terminate the contract with him at least 2 weeks in advance. This period is called the employee’s mandatory “work off” upon dismissal, although there is no such legal concept.

However, there are several nuances that must be observed if a young employee decides to quit on his own.

According to Art. 249 of the Labor Code of the Russian Federation, in the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after completion of training, unless otherwise provided for in the employment contract or training agreement.

Thus, in the event of termination of the employment contract, the manager has the right to recover the cost of training from the employee. If during employment an additional agreement was concluded that in case of dismissal the employee undertakes to reimburse all costs, then the director can withhold the entire amount from compensation for unworked vacation and salary. the required amount. If there is no such agreement, then the employer does not have the right to unilaterally withhold money, but the employer can request from the employee a statement of consent to withhold money.

In fact, now the status of a young specialist does not provide additional protection from dismissal, because if there are grounds, the employer has the right to terminate the employment contract in the same way as with an ordinary employee. The only difference is that newly graduated employees are entitled to certain benefits, which are listed above.

The same applies to the consequences for the employer when dismissing a young specialist: if he decided to terminate the employment relationship without reason, then the employee whose rights were violated can go to court. In addition, in this case, he has the right to receive back the money paid to the manager as compensation for training, but subject to the claim being satisfied by the court and an appropriate decision being made.

In Russia there is a catastrophic shortage of young specialists in some fields of science and in some professions. To attract young people, several motivating norms have been developed. How can you fire an employee who has this status?

To answer this question, you need to understand which employees fall into this category. The following employees have the status of “young specialist”:

• under 35 years of age. In some regions, for example, in areas that belong to the Far North, this limit is reduced to 30 years;
• After graduating from an educational institution, he must get a job in the organization to which he was assigned.

Young professionals are provided with the following support measures:

• one-time payments;
• compensation for the child’s kindergarten costs in full or only partially. We are talking about a state preschool institution;
• issuance of a gratuitous loan for the purchase of housing;
• provision of preferential loans and loans for the purchase of housing.

All of these incentive payments are entirely voluntary. They must be specified in an employment or collective agreement, or in another local regulatory act.

It is worth understanding that it is impossible to dismiss a young employee without problems within a certain period. As a rule, this is 2 years. But it may vary depending on the employee’s industry, as well as the location.

It is worth considering the following nuances:

• if the employee during this period wishes to resign of his own free will, then he will have to return the funds that the employer spent on his training;
• If such a decision is made by the employer himself, then he has no right to demand any compensation from the employee.

You can dismiss a young employee on the general basis, which is prescribed in Art. 77 Labor Code of the Russian Federation:

• agreement of the parties. That is, the employee and employer agree that the employment relationship will terminate under certain conditions. These conditions are reflected on paper, which is signed by both parties;
• termination of the employment contract. The exception is when the contract has expired and the employee continues his activities. At the same time, the employer did not demand termination of the relationship;
• employee's desire. He must write a statement in which he will reflect his desire. It is not necessary to indicate a reason. But if you need to quit urgently, then the reason must be indicated;
• employer initiative. You cannot simply fire someone at the request of the employer! In Art. 81 of the Labor Code of the Russian Federation provides clear grounds for termination of relations by the manager. Any basis must be supported by documents;
• transfer of an employee to another employer or to another position (elected). Written consent must be obtained from the employee;
• the employee’s refusal to fulfill his duties due to the fact that the employer’s working conditions have changed;
• an employee’s refusal to abdicate his or her job duties due to a change in the ownership of the enterprise’s property;
• other grounds listed in Art. 77 Labor Code of the Russian Federation.

Dismissal of a young specialist at his own request

Such grounds for termination of employment relations are provided for in Art. 80 Labor Code of the Russian Federation. It says that an employee, regardless of category and status, must notify his employer of his desire to terminate the contract with him at least 2 weeks in advance. This period is called compulsory service, although there is no such legal concept.

However, there are several nuances that must be observed; if a young employee decides to quit on his own, the employer can:

• demand compensation from him for training fees if this process was paid for by the employer;
• forgive him all expenses for training.

This point must be specified in the contract with such an employee. The period during which the employee is under such obligations must also be indicated. As a rule, this is 2-3 years after graduation.

If the enterprise where a young specialist is employed after studying is financed from the budget, then the latter cannot quit before the agreed date without reimbursing to the budget all the funds that were spent on him in connection with his studies.

Dismissal of a young specialist at the initiative of the employer

In Art. 81 of the Labor Code of the Russian Federation provides circumstances under which an employer can dismiss any employee, including a young specialist. These include:

• termination of the activities of a legal entity or individual entrepreneur;
• reduction in staff or number of employees;
• the employee is not suitable for his position. This can only be revealed after the employee has passed certification and the employer receives an independent opinion;
• change of owner of the enterprise;
• the employee systematically failed to fulfill his duties several times job responsibilities without good reason;
• presence of culpable actions on the part of the specialist. This fact must be confirmed by all necessary papers and documents.

If the employer himself dismisses the employee, the latter should not reimburse him for the funds spent on studies.

Dismissal of a young specialist without work experience

You can fire a young employee who has no work experience yet:

• at the initiative of the employee himself;
• at the initiative of the employer.

Dismissal of such an employee by agreement of the parties is quite rare.

If a young specialist who does not have a job decides to leave on his own, then the question arises of compensation for the costs of his training. If the payment was made from the employer's funds, then they must be returned. If the employee studied for free, then there can be no talk of any compensation. If the employer himself decides to part with such an employee, then the employee does not have to compensate for the funds for training. On the contrary, the employer must still pay him severance pay if the reason for the dismissal is not the guilty actions of the young employee.

Dismissal at the initiative of an employee occurs according to the general rules:

• he writes a statement 2 weeks before the date of expected departure;
• works the required 2 weeks;
• receives a full payment and all necessary documents.

If termination of an employment contract occurs at the initiative of the employer, but in the presence of guilty actions on the part of the employee, then all personnel documents must be drawn up correctly. Otherwise, such an employee may sue for illegal dismissal and seek reinstatement.

Dismissal of a young specialist due to redistribution

An employee can independently ask to be referred to another employer. At the same time, he will not lose his status as a young specialist. You need to contact the same educational institution, which assigned the employee to this particular enterprise. It is necessary to write an application for redistribution and indicate the reasons why the young worker wants to find a new employer.

Consideration of the application and decision-making remains within the competence of a special commission, which is responsible for the distribution of graduates of this particular educational institution. If the decision on the application is positive, the graduate receives a new certificate of distribution. At the previous employer, he must write a letter of resignation and indicate the details of the new certificate as the basis. Subsequent dismissal is carried out on a general basis.

Dismissal of a young specialist due to conscription into the army

Many young people, having graduated from a university or other educational institution, are forced to repay their debt to their homeland and undergo military service in the RF Armed Forces. But immediately after receiving their diploma, they can also have time to work as assigned. How to fire an employee who has the status of a young specialist if he is drafted into the army?

He must be fired on the basis of Art. 83 Labor Code of the Russian Federation. That is, the employee writes a letter of resignation, citing conscription for military service as the reason. A copy of the summons for a certain date can be attached to the application.
Conscription for military service in the ranks of the RF Armed Forces is grounds for dismissing an employee on the same day on which he wrote the application, that is, without working off. On the day the application is written (also the last working day), the employee must receive a full payment and all necessary documents.

Dismissal of a young specialist for absenteeism

Absenteeism is the absence of an employee from the workplace, without good reason, for more than four hours in a row or within one shift. But the employer has no right to dismiss an employee until he appears at the workplace and explains his behavior. This is a general provision that applies to absolutely all employees, including those who belong to preferential categories.

If a young specialist does not show up at the workplace and does not give any explanation, the employer must take independent measures to find him. You need to call his mobile and home phone, go to his home. If the employee does not get in touch and is not at home, you must write a statement to law enforcement agencies.

If the employee appears at the workplace, the employer must require a written explanation from him for absenteeism. If there were valid reasons for missing work time, and the employee has supporting documents, then he cannot be fired. If the absenteeism is not justified, then you can dismiss him. But for this it is necessary to prepare the following personnel documents:

• draw up an act of absenteeism, which will be signed by the head of the structural unit and two witnesses. If the enterprise is small, then the director himself can sign the act;
• written explanation from the employee. If he refused to write it, then again he needs to draw up an act and also sign it;
• the employee must be notified that a disciplinary sanction in the form of dismissal is being applied to him. To do this, it is necessary to prepare a written notice, which is given to the employee. He must sign that he received it. If he refuses, then draw up the act again;
• you need to prepare a dismissal order. The employee must sign it. If he refuses, it’s an act again;
• on the day of dismissal, provide the employee with a paycheck and the necessary documents. The employment contract must indicate subsection as the basis for termination of the employment contract. “a” 6 p. art. 81 Labor Code of the Russian Federation.

Dismissal of a young specialist for violations

If a young employee has committed some guilty actions against the employer or his property, then disciplinary action in the form of dismissal may be applied to him. But to prevent an employee from filing a lawsuit and demanding reinstatement at work, as well as payment of compensation and payment for forced absence, the employer must complete all the documents correctly.

For example, if an employee appears at the workplace in a state of alcoholic or other intoxication, then this fact can only be confirmed by a medical report. “Odor” is not grounds for dismissal.

Also, acts of violation must be drawn up, an explanatory note (written only) must be taken from the perpetrator, and an internal investigation must be conducted. The wine employee must be familiarized with all documents against signature. If he does not want to sign anything, then an appropriate act must be drawn up, which is signed by the offender’s boss and two witnesses.

If necessary, deductions can be made from the employee’s salary, but this point must also be properly documented from the point of view of the personnel and accounting departments.

Conclusion

A young specialist is a preferential category of employees if the employer himself decides so. But this is not a reason for the latter to violate labor discipline and daily routine. Only the same sanctions and penalties can be applied to him as to an ordinary employee.