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Article 81. Termination of a labor agreement on employer's initiative






A labor agreement can be terminated by an employer in the following cases:

in case of dissolving of an organization or termination of activities of an employer if an employer is a physical entity.

in case of reduction of number of employees in organization

in case if an employee is not fit for the occupied position or performed job functions because of:

state of health according to medical examination
b) insufficient qualification according to the results of professional attestation

in case of change of ownership of organization property (in this case employer has the right to terminate labor agreement only with organization chief executive, assistants of organization chief executive and head accountant).

in case of repeated non-fulfillment of job functions by an employee without reasonable excuse if an employee has a disciplinary punishment.

in case of single violation of job duties by an employee:

truancy (absence from work without reasonable excuse for a period longer than four consequent hours during a working day)
b) appearing on working place in a state of alcoholic, narcotic or other intoxication
c) unauthorized disclosure of a secret, protected by law (State secret, commercial secret, official secret and other secrets), that was learned by an employee because of his job functions
d) perpetration of a theft (including minor theft), embezzlement, misappropriation, intentional damage or destruction of property by an employee. This action must be established by a valid sentence of the court or a resolution of an official authority that is authorized to apply administrative punishment.
e) violation of labor protection regulations if this violation has leaded to disastrous consequences (industrial accident, damages, catastrophe) or could certainly lead to these consequences.

in case of commitment of fault actions by employee who is working with monetary or commodity values if these actions lead to loss of trust of an employer to an employee.

in case of commitment of an immoral deed by an employee who is performing pedagogical functions if this immoral deed makes continuation of performing job function by this employee impossible.

in case of making an unjustified decision by a chief executive of an organization (branch office, representative office), assistants of a chief executive of an organization and head accountant that has lead to violation of safety of organization's property, unjustified usage of organization's property or other damage to organization's property;

in case of single violation of job duties by a chief executive of an organization (branch office, representative office) or by assistants of a chief executive of an organization;

in case of submission of false documents by an employee to an employer or intentional submission of false information for conclusion of a labor agreement;

in case of termination of access to State secret, if performed job requires access to State secret;

in cases, specified in a labor agreement with chief executive of an organization or members of collegial executive authority of an organization;

in other cases, specified in this Code and other federal laws.

Dismissal because of reasons, stated in Paragraphs 2 and 3 of this Article is allowed if transition of an employee to a different job position with consent of an employee is impossible.

Dismissal of an employee on employer's initiative is not allowed during the period of temporary incapacity of employee for work and during the period of leave of an employee (except cases of dissolving of an organization or termination employer's activities if an employer is a physical entity).

In case of termination of activity of a branch office, representative office or other structural part of an organization that is located in a different region, termination of labor agreements with employees of these structural parts of an organization is conducted according to the rules of termination of labor agreements in cases of dissolving of an organization.






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