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Is it possible to fire an employee for failure to meet the sales plan?

Posted: Mon Dec 23, 2024 9:57 am
by subornaakter20
The success of any business depends on proper planning and implementation of the set goals. However, plans are not always destined to come true. There are various reasons for this: force majeure, independent objective situations or the fault of employees. The question is, is dismissal for failure to fulfill the sales plan legal?

Article 81 of the Labor Code of the Russian Federation establishes a closed list of grounds that allow an employee to be dismissed at the initiative of the employer. The list consists of the saudi arabia phone number example following provisions:

liquidation of an organization or termination of activities by an individual entrepreneur;

reduction in the number or staff of employees of an organization or individual entrepreneur;

the employee’s inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

change of ownership of the organization's property (in relation to the head of the organization, his deputies and the chief accountant);

repeated failure by an employee to perform his work duties without good reason, if he has a disciplinary sanction;

a single gross violation of work duties by an employee: absenteeism; an employee showing up for work in a state of alcoholic, narcotic or other toxic intoxication.

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You can find the full list in the specified article of the Labor Code of the Russian Federation.

Please note! This article does not contain grounds for dismissal that would be formulated as "for failure to fulfill the plan". However, in certain situations, failure to fulfill the sales plan may be attributed to paragraph 5 or paragraph 6 of Article 81.

The correct procedure for dismissing a manager if the sales plan is not met
When a specialist is hired by a company, an employment contract is concluded between the specialist and the employer. In accordance with this act, the employee must perform certain duties and exercise rights. If the employer violates the established requirements, it means that he does not fulfill the obligations assumed under the contract.

If a specialist acts within the limits of the concluded contract, fulfills all obligations, then he cannot be dismissed on the grounds of "failure to perform work functions". If the employer acted unlawfully and still dismissed the employee, although there were no violations, then the latter has the right to appeal this in court.