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The lawyer appreciated the right of the employer to dismiss the employee for toxicity

Lawyer Khaminsky: a toxic employee cannot be fired if he does the job
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Photo: IZVESTIA/Eduard Kornienko
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An employer cannot punish an employee for toxicity if it is not related to non-fulfillment of their work obligations. Alexander Khaminsky, a lawyer and head of the Law Enforcement Center in Moscow and the Moscow Region, told about this on March 16.

According to the lawyer, the labor legislation distinguishes three types of disciplinary penalties: remark, reprimand and dismissal. He clarified that the employer has the right to apply these measures only if the employee has not fulfilled his work duties or performed them improperly through his own fault.

"An attempt by an employer to hold an employee accountable for 'toxic behavior' if they are not related to the failure to perform their work duties would be illegal," the lawyer noted.

However, if such behavior develops into a violation of discipline, for example, rudeness or disruption of work, the employee can be dismissed through disciplinary action. The lawyer noted that in this case, it is necessary to carefully record every case of non-fulfillment of duties, rudeness or interference in work, violations of internal labor regulations.

Mikhail Merkulov, Director of the KSK Group's Organizational development practice, said on March 10 that it is extremely difficult to receive salaries in cash in Russia today due to the peculiarities of legislation, judicial practice and economic policy of the state. According to him, formally, the employee's right to receive a salary in cash exists, but it is fixed in rather vague norms of labor legislation.

All important news is on the Izvestia channel in the MAX messenger.

Переведено сервисом «Яндекс Переводчик»

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