How to protect yourself from illegal dismissal
According to the Labor Code, truancy is the absence of the employee all day or for more than 4 consecutive hours at the workplace without good reason. Therefore, in order to protect themselves from unlawful dismissal, you must have documentary evidence of absence. For example, it may be a reference station about the detention of the train. If the presence of such confirmation, the employer still thinks your cause is disrespectful, he has the right to impose upon you a disciplinary sanction, reprove or reprimand, but not dismiss. It should also be noted that the delay due to congestion on the roads is not a valid reason.
Failure to perform work duties or poor performance
In accordance with article 81 of the Labor Code, the employer has the right to terminate the contract, if the employee repeatedly does not fulfill his employment duties without good reason. However, an important condition here is that the employee has previously imposed a disciplinary sanction.
Therefore, grounds for dismissal can be a violation of the duty regulations, labor regulations or other internal documents of the organization. All new items relating to the work should be spelled out in the additional agreement to the labour contract. When such items not, the refusal of the employee from performing work that is not included in the employment contract or job description, to constitute a breach of discipline can not.
Non-passage of the trial period due to poor results (Article 71 of the Labor Code of the Russian Federation).
However, there are exceptions here when:
- an employment contract does not have a probationary period or is established, but to a privileged category of employees;
- the employee was elected by the competition;
- A woman has children under the age of 1.5 years or is pregnant;
- a young specialist started work during the first year after graduation from the educational institution with state accreditation;
- the employee has concluded a labor contract for a short period (not more than two months), and dismissal is impossible - for other reasons specified in the Labor Code of the Russian Federation.