The lawyer appreciated the employer's right to dismiss an employee due to the lack of Internet

Lack of communication during work can lead to disciplinary action, up to dismissal, but in some cases an employee can avoid responsibility. Alexander Khaminsky, head of the Law Enforcement Center in Moscow and the Moscow Region, told Izvestia on March 17 about the possible consequences and how to protect their rights.

"The labor legislation establishes three types of disciplinary penalties — a remark, a reprimand and dismissal. At the same time, the employer has the right to impose these measures only if the employee has not fulfilled his work duties or performed them improperly and through his own fault. Also, prolonged lack of communication with an employee can also become a reason for dismissal for absenteeism, if it is not related to valid reasons," the expert noted.

According to the lawyer, there are special rules for remote employees. In particular, termination of the contract is possible if an employee does not contact for more than two consecutive working days after a request from the company without valid reasons. At the same time, when applying disciplinary measures, it is necessary to take into account the severity of the violation and the accompanying circumstances, as well as to request written explanations from the employee.

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Khaminsky stressed that termination of the contract would be lawful only if there was evidence that the employee had not contacted without valid reasons. If the employee proves that the failures were not his fault, such a decision is subject to challenge.

"Now almost everyone is faced with the lack of communication and the Internet. Therefore, in such a situation, an employee simply needs to inform the employer that the employee is experiencing communication failures. Just in case, you can request a documentary confirmation from the provider that the connection is not working properly. However, it is not a fact that he will be able or willing to provide such a certificate," the expert explained.

According to him, such measures will help to confirm the employee's integrity and reduce the risks of disciplinary action in the event of a possible dispute with the employer.

On March 16, Khaminsky said that an employer cannot punish an employee for toxicity if it is not related to non-fulfillment of their work duties. According to him, the labor legislation identifies 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.

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