Dismissal of the materially responsible person at his own request. How does the dismissal of a financially responsible person occur (including at his own request)?

The concept of “shortage” is formulated in the Tax Code of the Russian Federation and the “Accounting Rules”. In the Labor Code it corresponds to the concept of “damage”. According to Article 238 of the Labor Code of the Russian Federation, the employer has the right to demand compensation from the employee for direct actual damage - that which was caused through his fault, for which there is evidence. Indirect damage (for example, lost profit) cannot be claimed. The law provides for a number of cases when a financially responsible person is exempt from the need to compensate for damage:

property was damaged due to a natural disaster;
there was a normal economic risk (this is a legal risk, meaning a situation where the employee acted in accordance with the law, labor standards, and his qualifications);
the damage was caused as a result of self-defense;
the employer did not provide conditions for the safety of company property.

The list of cases when an employee must compensate for shortages and other damage is given in Article 243 of the Labor Code of the Russian Federation. According to it, liability occurs when it is established that the employee acted intentionally, or under the influence of alcohol, psychotropic substances, or committed a crime (there is a court verdict that has entered into force).

Fired for shortages based on inventory results due to lack of trust

We signed an agreement on full collective financial responsibility.
I want to change the entry in the work book at my own request. Where to begin? How can I get justice? I worked honestly. Help! They said, I signed the agreement, there is an audit report, and you will still pay the shortfall. First, you need to challenge the fact of being held financially liable for the shortage, i.e. prove (including in court) the fact that you are not to blame for the shortage or that the employer violated the procedure for holding financially liable. How to do this exactly depends on what specific materials are and how they are designed. You need to urgently file complaints with the State Labor Inspectorate and the Prosecutor's Office, and within no more than 01 month from the date of dismissal, file a lawsuit demanding that the holding of financial liability and dismissal due to lack of confidence be declared illegal.

Advice for employers regarding problematic dismissals

If an employee does not want to leave his job, and the employer no longer wants to cooperate with him, all the legal nuances and subtleties of such dismissal must be observed. In the process, problematic situations may arise related to the employee’s opposition to measures aimed at releasing him from his position.

Opposition to foreclosure. Disciplinary action is a prerequisite for dismissal for an employee’s guilty act committed repeatedly. However, it cannot be imposed without an explanation provided by the employee regarding his behavior. What to do if an employee refuses to provide an explanation or delays giving it in order to delay the imposition of a penalty, since it can only be applied within a month after the offense? In this case, the most reliable thing for the employer will be to create a special commission, the purpose of which will be to identify the cause and degree of guilt of the employee. Based on the results of the protocol, a report on the guilt (or innocence) of the employee is drawn up, and he is invited to participate in the meeting. If he refuses to sign an act establishing his guilt, then the commission members, consisting of 3 people, will attest in writing to this refusal, which is sufficient evidence for the court. The same procedure must be followed if the employee does not sign the notice of dismissal order.
The employee refuses to receive the required funds upon dismissal. By law, all necessary compensation and wages must be given to the employee on the day of dismissal. If this is not done, it may be considered illegal. If an employee refuses to receive funds without signing the appropriate statement, the employer has the right to deposit them into his account and notify him of this by registered mail, or send them by postal order. Documents confirming the transfer of funds are recognized by the court.
The employee does not pick up the work book. You need to send him an invitation by mail with a notification to come and receive your document. This will remove the risk of being accused of not giving the book to the employee.
The employee took sick leave before being fired. A person on sick leave cannot be fired. Even if the dismissal order was issued before the notice was opened, the dismissed person can claim in court that at the time of dismissal he was on sick leave, which will actually be true. In such a difficult case, the employer can act according to one of the following schemes:
you can make changes to the dismissal order by writing the date following the end of the sick leave specified in the document provided by the employee (this requires an additional order to make changes and, of course, recalculation of severance payments);
You can replace the basis for dismissal in the order if the employment contract stipulates the need to promptly inform the employer about your absence due to illness (then unexpectedly appearing sick leave becomes a violation of labor discipline).

With these measures, the employer minimizes the risks associated with a problematic dismissal if it is not possible to reach a reasonable compromise, which is still the best option.

Inventory after dismissal

From the content of paragraph 1 of Article 243 of the Labor Code of the Russian Federation, it follows that, by virtue of federal laws, certain categories of employees may be charged with full financial liability for damage caused to the employer during the performance of their labor duties.

You should be aware that, in accordance with the law, when dismissing a financially responsible employee, an inventory of material assets or funds must be carried out, i.e. those objects for which he bears financial responsibility.

Involuntary dismissal

Here we analyze the reasons for dismissal, which are associated with the employee’s reluctance to accept the changed working conditions. In this case, we are not talking about the employee’s desire to leave his position; he is forced to do so by circumstances that he has no power to change. These could be:

offer of vacant positions due to changes in health status (offers may be unacceptable for the employee, although legal from the point of view of the Labor Code - Parts 3 and 4 of Article 73);
significant changes in the terms of the employment contract without the employee’s consent (Part 4 of Article 74 of the Labor Code of the Russian Federation);
reluctance to change the location of work if the employer moves to another location;
refusal to work under another employer, i.e. when there is a change of owner or jurisdiction of the organization (Article 75 of the Labor Code of the Russian Federation).

IMPORTANT INFORMATION! The agreement or refusal of an ordinary employee in the last point is a key point, since for directors, their deputies and the chief accountant it can become an unconditional reason to leave their position at the initiative of the new employer. All other categories of employees during a change of ownership or reorganization do not have the right to be dismissed on this basis, unless they refuse to continue working.

In what cases can you be fired for inventory shortages?

By Order of the Ministry of Finance dated June 13, 1995 N 49, the financially responsible employee himself must be present, except in the case when he cannot appear due to illness, which must be documented (certificate from a medical institution).

Therefore, it is better to play it safe and, on the day of submitting your resignation, give your subordinate a notice of the appointed date for the acceptance and transfer of cases. The amount of damage identified during the inventory is recorded in the corresponding act. From the moment of drawing up this document, the one-year period for filing a lawsuit to recover damages from the employee is calculated (Part.

How to fire an employee based on inventory results

Yes, for applying to the tax office during the registration procedure, the date of the notification must be indicated, which indicates information from the information on payments by order of the investigator and (or) issuing an order to accept the application specified in the writ of execution at the time of execution by the debtor of tax debts authorities in the cases provided for in paragraphs two and three of paragraph 1 of this article, or the amount of the collected consumer loan (loan) may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances. Thus, even if it comes to taxes. If this can be done, please contact your local administration. For instructions on providing intent and refer to the chapter of your document package. Exception persons act as a defendant in this document, which is submitted to the body that carries out state registration of rights to real estate. In the event that it is not subject to state registration, issued in connection with the loss (theft of a passport, passport, passport, relatives) upon request to leave the Russian Federation and to remove obstacles to communication with the child. The court resolves the dispute based on the interests of the child and taking into account the opinion of the other parent. Taking into account the parent’s opinion is not necessary if it is impossible to establish his whereabouts, deprivation of his parental rights, recognition as incompetent, as well as in cases of parental evasion without good reason from raising and maintaining the child. 3. If the child, in the complaint the parents (one of them) may be deprived of parental rights if they: evade fulfilling the duties of parents, including malicious evasion of child support, refuse without good reason to take their child from the maternity hospital (department ) or from another medical organization, educational institution, social service organization or similar organizations, abuse their parental rights, abuse children, including carrying out physical or mental violence against them, encroach on their sexual integrity, are patients with chronic alcoholism, or drug addiction, have committed a deliberate crime against the life or health of their children or against the life or health of their spouse. Article 70 of the RF IC. Procedure for deprivation of parental rights 1. Deprivation of parental rights is carried out in court. Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others). Detailed consultation, drafting documents, conducting a case in court - for a fee T 9152171802 My fate. practice. The site's lawyers do not call you first!

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Hello! File a claim with the bank and ask for a reduction in the penalty after repaying the loan amount (SNIP 3,000 rubles), as well as all interest. Since in accordance with Art. 18 of the Law on the Protection of Consumer Rights, the seller is obliged to return the money or exchange goods of inadequate quality (providing false information about the product (work, service), he has the right to demand from the seller (performer) a return of the amount paid, and the fee for providing the loan is also reimbursed. By virtue Article 24 of the said law establishes that if during the probationary period an employee accepts for himself the established amount of deduction from wages in these cases cannot exceed 70 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee. deductions from wages under several executive documents, the employee must in any case retain 50 percent of the wages. The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collecting alimony for minor children, compensation for damage caused to health another person, compensation for damage to persons who suffered damage in connection with the death of the breadwinner, and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent. 4. Limitations on the amount of deduction from wages and other income of a debtor-citizen, established by parts 1 - 3 of this article, do not apply when foreclosure is applied to funds located in the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment. Sincerely, Lawyer Vitaly Mikhailovich Shishkin tel. 89002343687, 89284137918, -: 678. 1000

Inventory after dismissal

Article 140. Terms of payment upon dismissal Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of dismissal of the employee. Article 234. The employer’s obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of: the employer’s delay in issuing a work book to the employee, or the inclusion in the work book of an incorrect or non-compliant formulation of the reason for the employee’s dismissal;

Whose will is determining

Whether the grounds for dismissal belong to one of the following groups depends on which party expresses a desire to end the relationship.

Employee initiative.
Employer's desire.
The reason does not depend on either party.
The parties came to an agreement.

ATTENTION! A separate point can highlight the reasons for dismissal related to significant changes in the terms of the employment contract and, accordingly, the employee’s refusal to accept them: on the one hand, the employee of his own free will does not want to put up with inevitable changes, on the other hand, without the employer’s will to change, the employee would not have to refuse.

Do they have the right not to fire if an inventory has not been taken?

The employer can carry out inventory as much as he likes, but he will no longer be able to present something to the resigned employee. The inventory is carried out with the obligatory participation of materially responsible persons. The absence of at least one member of the inventory commission is grounds for declaring its results invalid.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

The employee's desire is the law

If, before the expiration of 14 days, the employee changes his decision and wants to remain in his position, he has the right to withdraw his application or write a new one, canceling the first one.

FOR YOUR INFORMATION! The employer's consent is not required for voluntary dismissal; a written notice (application) is sufficient. If the manager refuses to accept it, the law provides for the employee the opportunity to send an application by mail with automatic termination of work after the legal two weeks.

How to quit before inventory

p. The peculiarity here is that before dismissal, such an employee must transfer to the employer all entrusted property and account for its shortage, if any is discovered. But in practice, a situation often arises when an employee has already been fired (for example, for absenteeism) and then it turns out that there is a debt. How does the dismissal of a financially responsible person occur at his own request? Only the employer has the right to demand, before dismissing an employee, to conduct a complete inventory and transfer all available material assets.

The procedure for dismissing any employee, no matter who he is, no matter what obligations he has, must strictly comply with the requirements of current legislative norms. The Labor Code (Article 84.1) describes the general rules for dismissal from positions.

"Nothing personal"

Some of the reasons for which an employee may be dismissed from his position do not depend in any way on himself or on the employer. These include the following situations.

The employee is called up to join the armed forces or to alternative service replacing the army.
If by decision of a court or labor inspectorate an employee who previously occupied it and was unfairly dismissed is reinstated to a position, then the employee currently working is naturally dismissed unconditionally.
A court verdict has entered into force, prohibiting or excluding the possibility of holding the previous position.
If the position is to be filled by election, but the employee was not elected.
Medical justification (total permanent disability, confirmed by an appropriate conclusion).
Extraordinary circumstances recognized as such by a decision of the Government of the Russian Federation or a regional government body (martial law, disasters, natural disasters, social upheavals, serious accidents, epidemics, etc.).
Death of the employee or employer (of course, we can only talk about an individual). The recognition of any of these persons as missing or dead by court is also equivalent to this.

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IMPORTANT INFORMATION! Reasons for dismissal that do not depend on the will of the parties come into force if it is impossible to transfer the employee to another position or he does not agree to this.

Dismissal based on inventory results

I have been working as the head of a laboratory at an enterprise for the production of plant extracts (private company) since 06/09/2010. An employment contract and an agreement on full individual financial responsibility were concluded with me. I did not read the job description (JI) and accordingly did not sign it. (They gave me some kind of paper to read, the so-called DI, but it was not signed or approved by anyone).

A shortage was discovered at the organization's cash register. The head of the organization decided to fire the cashier due to loss of trust. We tell you how to do it correctly. Kompas LLC carried out an inventory of cash in the organization's cash desk. As of June 25, 2012, a cash shortage of RUB 35,500 was identified. As follows from the explanatory note of cashier Z.V.

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Resigned without inventory, the organization is trying to collect the debt for the shortage

here it’s not a matter of inventory, but the need to prove your guilt to the employer. From practice, I can say that this is quite difficult if several people at another object have access to a material object. \

This proves that there was no inventory. that the acts are fake. Why did he let you go free? if you refused to transfer the case and goods and materials. and in general, the employer should have taken care of inventory earlier. I fired him on my own - there were no questions and that’s all.

Inventory shortage

The organization defines the limits within which natural loss of values is considered acceptable. However, the shortage of specific valuables can be compensated by surpluses due to re-sorting. And only after identifying a shortage that is not covered by regrading, one should assert the actual shortage of valuables. Then the act indicates the name of exactly those values for which the shortage has been established. So the rate of natural loss is applied to them.

In addition, for ensuring the safety of property, for example, from the negative influence of the environment, those persons who are intangibly responsible, but whose responsibilities include providing conditions for the reliable storage of goods, should also bear responsibility.

How to take inventory and fire an employee due to loss of trust

Because even if material assets were not actually lost by the organization, the indicated guilty actions of the employee led to the loss of trust in him on the part of the employer. The courts express a similar position, see, for example, the appeal ruling of the Krasnoyarsk Regional Court dated March 24, 2014 No. 33-2677.

If the sick leave ends before the notice period for voluntary dismissal expires, then the employer can, on the first day the employee returns to work after illness, file a dismissal due to loss of trust (Clause 7, Part 1, Article 81 of the Labor Code of the Russian Federation). Provided that all the necessary procedures for this have already been completed, including an explanation has been received from the employee or a refusal to give an explanation has been recorded (Article 193 of the Labor Code of the Russian Federation).

If the employee does not want to resign

An employee dismissed on the basis of any article of the Labor Code has the right to:

payment of wages in full on the day of dismissal;
compensation for vacation days that were not used by him;
payment for sick leave (if any);
receiving a work book with the corresponding entry.

https://www.youtube.com/watch?v=ytpolicyandsafetyru

Additional payments, severance pay and compensation provided for certain reasons for dismissal, in each case have their own legislative justification (we do not consider this issue here).

The most “slippery” group of reasons for dismissal (Articles 71 and 81 of the Labor Code of the Russian Federation) is termination of contracts at the initiative of the employer. Most often, the employer’s wishes contradict the wishes of the employee himself, otherwise the dismissal would fall into another group - at his own request or by agreement of the parties. In cases where an employee not only leaves, but has to be fired, you need to be especially attentive to all the nuances of registration and legislative support for dismissal, because a dissatisfied employee will look for reasons to appeal, and if his claim is granted in court, the employer will face serious problems.

It is possible to get rid of an unwanted employee if his guilty actions are proven, and, in some cases, if there were no such actions. In each situation, the law regulates its grounds and procedure for dismissal.

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We fire the culprit

The law provides a closed list of grounds for such dismissal. If there was an initiative by the employer, but the documents indicate a reason not included in this list, the dismissal will be considered illegal with all the ensuing consequences. What actions of an employee are considered guilty, giving legal grounds for his dismissal from his position?

Failure to fulfill the duties specified in the employment contract in the presence of a disciplinary sanction. The presence of such a penalty indicates that violations were committed repeatedly. Clause 5 of Article 81 of the Labor Code of the Russian Federation states that this basis can only be applied within a year after the imposition of a disciplinary sanction (only in this case will the repeated offense be proven). Dismissal will be made for repeated failure to fulfill job duties.
Gross violation of duties, committed even once. Such serious violations include:
disclosure of secrets protected by law;
theft, embezzlement, damage to property at the place of work, proven in court;
violation of labor protection requirements with serious consequences (accident, accident due to the fault of the employee or their threat);
being at work “under the influence” or in a narcotic trance.
Documentary lies when concluding an employment contract (providing falsified documents or fraudulent information).

For certain categories of workers, the list of culpable actions is further expanded:

an employee with educational functions committed an immoral act;
the head of an organization or branch or the chief accountant made an incorrect decision due to which the organization suffered damage;
a financially responsible employee did something that caused management to lose confidence in him.

An employer can part with an employee when the latter no longer suits him for objective reasons. It is possible that the dismissal occurs not due to the personal qualities of the employee, but due to the circumstances that forced the employer to choose him as the person to be dismissed. The absence of the employee’s fault in the presence of the employer’s initiative can provoke dismissals in the following cases.

The number or staff of the enterprise is being reduced (clause 2 of Article 81 of the Labor Code of the Russian Federation). The employer needs to be careful that an employee from a socially protected category is not laid off during periods prohibited for this, as well as having priority, other things being equal, selection. For such dismissal to be valid, the person being released must receive 60 days' notice.
Liquidation of a company or termination of the activities of an individual entrepreneur (clause 1 of Article 81 of the Labor Code of the Russian Federation). There will be no disagreement here - absolutely everyone is fired on this matter, including those in preferential categories, as well as people on sick leave and vacations.
The employee ceased to correspond to the position or his work (clause 3 of Article 81 of the Labor Code of the Russian Federation). When it comes to non-compliance due to health conditions, the medical report plays the “first role”. But when the problem is the employee’s lack of qualifications, it must be proven. To do this, the employer must conduct a certification, based on the results of which such a decision can be made. Certification must be legal, that is, enshrined in the internal acts of the company, carried out by a special commission and applied not only to the employee about whom doubts have arisen, but also to all employees of this category. It cannot be sudden; according to the situation, it must be regular. If, according to the conclusion of the certification commission, the employee’s qualification level does not correspond to his position, he may be fired, despite all his reluctance.
The employee did not complete the probationary period. This is the same discrepancy with the position held, only confirmed in a simpler way. In order to ensure that dismissal during the probationary period is not contested, care must be taken to ensure that cases are confirmed that the subject failed to cope with his duties. In practice, no one prohibits an employee who does not want to have a notice of dismissal in his work book as having failed the test, from resigning of his own free will or by agreement of the parties.

FOR YOUR INFORMATION! If an entrepreneur wants to part with an employee whose employment contract is expiring, he does not need to look for any reasons for this - it is enough to announce the termination of the contract due to the expiration of the term. If you ignore the end of a fixed-term contract and do nothing, the relationship will automatically be considered extended on an indefinite basis.

Inventory upon dismissal of a financially responsible employee

Art. 77 Labor Code of the Russian Federation. It regulates the general procedure for dismissals and provides a list of possible grounds for termination of the employment contract.
Art. 242 Labor Code of the Russian Federation. It regulates the concept of full financial responsibility of employees and its importance in labor relations.
Art. 243 of the Labor Code of the Russian Federation defines situations in which full financial liability can be applied to employees.
Federal Law No. 402 dated December 6, 2011 regulates the procedure for conducting inventory and defines such a process.
Order of the Ministry of Finance of the Russian Federation No. 49 dated June 13, 1995 provides extremely clear and specific instructions on the conduct and procedure for inventorying the assets and property of an organization.
Order of the Ministry of Finance of the Russian Federation No. 34n dated July 29, 1998 establishes cases in which inventory is mandatory. In particular, he classifies as such the change of the financially responsible person at the enterprise.
Order of the Ministry of Finance of the Russian Federation No. 119n dated December 28, 2001 also states that it is mandatory to carry out an inventory as an element of accounting when there is a change in financially responsible persons in the organization.
Resolution of the Ministry of Labor No. 85 of December 31, 2002. This regulatory document establishes a complete list of persons with whom it is permissible to conclude an agreement on full financial liability.

But in general, full financial responsibility in any case must be stipulated in the terms of the employment contract concluded with the employee. In the absence of this condition, such involvement is not necessary, just as inventory will not be necessary when changing the financially responsible person. The list of positions that may have financial responsibility may include:

Agreement between the parties upon dismissal of an employee

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation) is the basis for dismissal, which also has the fewest pitfalls. If both parties have agreed to terminate cooperation, this means that there is no mutual dissatisfaction between them that could become a reason to challenge the dismissal.

This basis comes into effect when the employee’s decision to leave his position must necessarily be supported by the employer’s consent. This situation may arise if the resigning employee, for example, is working under a fixed-term employment contract, the term of which has not yet expired.

The same reason may include the transfer of an employee to another employer by mutual consent.

Since the “leitmotif” of separation is the general decision of the parties, they also agree on all related issues, in particular, on the date of termination of cooperation.

Shortage after dismissal

In this case, you will most likely have to go to court. But here you need to meet within one year from the date of discovery of the damage caused. If the one-year period is missed for a good reason, it can be restored by the court, for example, when the company needed to carry out checks, audits, or investigations that took a long time after causing damage (Article 392 of the Labor Code of the Russian Federation).

However, upon dismissal of a financially responsible person, an inventory of the property assigned to him must be carried out. Here, the rules established by the Methodological Guidelines for Inventory of Property and Financial Liabilities are applied (approved by Order of the Ministry of Finance of Russia dated June 13, 1995 No. 49). Moreover, it needs to be completed within two weeks.