Dismissal for theft (under article): features, procedure and consequences

Theft at an enterprise is the unlawful taking of property that is the direct property of the organization.

The determining factor for the crime is that the stolen property belongs to the company.

In other words, if the property belongs to the company where you work and you stole this property, this is theft at the enterprise.

Features of dismissal for theft

In paragraphs "d" clause 6 of Art. 81 of the Labor Code of the Russian Federation states that a manager has the right to terminate an employment contract if an employee commits theft of someone else’s property, embezzlement, intentional damage or destruction of valuables. The employee's consent to dismissal is not required.

What other features are important to consider:

It is impossible to do without a court verdict. Even if the subordinate confessed to the theft and spoke about it in an explanatory note, from the point of view of the law, his guilt has not been proven. An employee is considered guilty if there is a court ruling or sentence that has entered into legal force.
Dismissal is possible only for theft in the workplace. If an employee stole something outside such a place, the contract with him cannot be terminated. The address of the workplace must be reflected in the employment contract.
The theft must be committed intentionally. If an employee simply confuses his own item with someone else’s, he cannot be fired.
The manager has the right to terminate the contract regardless of who owns the stolen material assets: him, the organization, other employees.

Theft of an employer's property is the secret theft of other people's valuables, committed with intent. For example, an employee may be fired if he stole money from the cash register, equipment, raw materials, valuable documents, clothing, or tools for work.

Example: A woman worked as a salesperson in a store, and a financial liability agreement was signed with her. Despite this, she stole money from the cash register for several weeks. The employer discovered this based on the results of the inventory, then looked at the recordings from CCTV cameras, where it was clearly visible that it was the seller who took the money.

The director contacted the police regarding the theft. Based on the results of the investigation, the case materials were transferred to the court, and a guilty verdict was issued. Having received a copy of the verdict, the manager fired the former employee under paragraphs. "d" clause 6 of Art. 81 Labor Code of the Russian Federation.

Who can't be fired

There are certain categories of employees who cannot be fired:

A pregnant employee (Article 261 of the Labor Code of the Russian Federation).
An employee on paid annual leave, sick leave, or maternity leave. You need to wait until he goes to work and only then terminate the contract.

Note: You cannot fire a person who has already been subject to disciplinary action for a similar act. You cannot be punished twice for the same thing (Article 193 of the Labor Code of the Russian Federation).

What is the deadline for dismissal?

The established period for applying such a disciplinary measure as dismissal for theft is one month from the date the resolution or sentence enters into legal force. This period does not include the time the employee is on sick leave, on vacation, or absence from the workplace for other reasons (clause “c” of paragraph 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts ...”).

How to deal with the person who set you up

Suppose you know who tried to “harass” you. You will have to continue to work side by side with this person, and you do not know which behavior strategy to choose.

How to respond if you were framed at work? The tactics are very simple:

do not start quarrels, perhaps the enemy is just waiting for this;
the desire for revenge is quite natural, but there is no need to repeat the base actions of an ill-wisher, otherwise you yourself will end up to blame;
ignore your colleague, exclude any possibility of communication with him;
mind your own business, even if your work responsibilities overlap;
Clearly delineate areas of activity so that everyone does their job, the rest is not your concern.

ADVICE! Protect yourself for the future - do not share your career plans or stories from your personal life with colleagues. When we are silent, there are no envious people who will try to appropriate someone else's idea.

Responsibility for theft at work

For petty theft, a person can be charged under Part 1 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, if the value of the stolen property does not exceed 1,000 rubles. He faces a fine of up to five times the value of the valuables, but not less than 1,000 rubles. They may also be assigned compulsory labor for up to 50 hours or arrested for up to 15 days.

If the value of the property is above 1,000 rubles, but not more than 2,500 rubles, they are punished under Part 2 of Art. 7.27 Code of Administrative Offenses of the Russian Federation. The minimum fine is 3,000 rubles, but they may be sentenced to compulsory labor for up to 120 hours or arrested for a period of 10 to 15 days.

They are brought to administrative responsibility for theft and petty fraud if there is no corpus delicti. If there is one, the punishment is much more severe. Usually the suspect is accused under Art. 158 of the Criminal Code of the Russian Federation, where actual imprisonment for up to two years is possible. In this case, instead of a decision on bringing to administrative responsibility, a sentence is passed.

How to correctly formalize the dismissal of an employee: procedure and features

Dismissal of a pensioner at his own request - features and procedure

Conversation with superiors

What should you do if your boss called you into your office and showed you a report that you completed, which is full of errors and inaccuracies - although you definitely remember that just yesterday the document looked different?

Here are important rules on how to behave:

Under no circumstances should you shout that they tried to set you up.
Calmly explain that there was a misunderstanding and the correct version of the report is stored on your computer. You are ready to provide immediately.
You will be sincerely surprised how this could happen, even if you suspect who is to blame for what happened.

BY THE WAY! A smart leader will guess what could have happened. If he asks if you have ill-wishers, then very delicately suggest who they might be. If, of course, you yourself are sure of it.

If you are in doubt, do not rush to name the names of your colleagues - if you make a mistake, you will be very ashamed.

How to fire an employee for theft: step-by-step instructions

Before registering your resignation, it is advisable to familiarize yourself with the entire procedure step by step. This will avoid mistakes and reduce the likelihood of the employee challenging the order to terminate the contract.

What an employer needs to do:

Draw up an act upon detection of theft.
Contact law enforcement agencies.
Request an explanatory note from the employee.
Wait for the results of the case and receive a copy of the verdict.
Issue an order for dismissal.
Make an entry in the work book.
Fill out your personal card.
Provide the employee with documents and invoices.

Let's look at each step in detail.

Step 1: drawing up an act

Having identified the fact of theft at an enterprise, you need to immediately draw up a report about it, even if the culprit is not yet known. The police will be involved in identifying the culprit.

What is stated in the act:

Name of the organization;
Full name, position of manager;
the circumstances under which the theft was discovered;
Full name, positions of other employee-witnesses;
approximate amount of damage;
signatures of the director and witnesses.

At the same time, the employer issues an order to conduct an internal investigation and appoints a person responsible for this.

Sample act

Step 2: contacting law enforcement agencies

After making sure that there is no stolen property, the manager or other authorized employee must immediately contact the police. This can be done by calling “102” from a mobile phone, or by calling directly to the department at the location of the organization.

You'll have to write a statement. All witnesses will be interviewed on the spot and video footage will be taken. If large valuables are stolen, they should look at the recordings from the nearest CCTV cameras where the employee might have been caught.

A criminal case is initiated, and upon completion of the investigation, the materials are transferred to the prosecutor's office and the court.

Step 3: requesting an explanatory note

If a suspected theft is found, you need to request an explanatory note from him. It is provided within two working days.

Note: refusal to provide written explanations does not prevent dismissal for theft. But it is necessary to draw up an act of refusal and attach it to the rest of the documents.

Sample explanatory note

Step 4: Obtain a copy of the judgment or court order

According to Art. 312 of the Code of Criminal Procedure of the Russian Federation, a certified copy of the verdict is issued to the victim within five days after the proclamation. It is enough to send a petition to the court.

Step 5: placing an order

The form of the order was approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified ...”. You can use the T-8 form or a sample approved by the enterprise.

What information is indicated in the order:

date, number;
Business name;
Full name, position of manager;
Full name, department, position of the person being dismissed;
date, number of the contract being terminated;
the wording “a one-time gross violation of labor duties by an employee - the commission of theft at the place of work, established by a court verdict that has entered into legal force, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation”;
basis document – resolution or sentence (date, number);
signatures of the parties - employee and employer.

The employer must know not only which article to indicate in the order and other documents, but also the specifics of determining the date of dismissal. According to Art. 84.1 of the Labor Code of the Russian Federation, the employee must be dismissed on the last working day when he actually performed his duties. The order is drawn up later and is dated by a real date.

Step 6: making an entry in the work book

The entry into the labor record is made by the employer or personnel officer. The wording must indicate “the employment contract was terminated at the initiative of the employer due to the employee committing theft at the place of work, subparagraph “d” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation.”

Step 7: filling out a personal card

If a paper record is kept, upon receipt the employee signs the personal card. If he abandoned the paper one in favor of an electronic work record, the information on the card is entered based on information about his work activity.

Step 8: issuance of documents and payment

The dismissed person must be given a pay slip, a paper work certificate, a certificate of average earnings, and information about insurance contributions. Compensation is also paid for all unused vacation days and wages for time worked.

If an employee does not come for documents, you need to send him a notice to the registration address about the need to come for them, otherwise the directors may be held accountable for violating the deadlines for issuing the work book and certificates.

What to do if you were fired for illegal theft

Most often, there are cases when an employee is suspected of theft and fired under paragraphs.
"d" clause 6 of Art. 81 of the Labor Code of the Russian Federation, but without the involvement of law enforcement agencies. There is no court order or verdict, which means the contract is terminated illegally. The employee can subsequently appeal the employer’s actions by filing a claim with the court at the location of the organization or at his own address. If the court reveals a violation of the procedural order or the rules for drawing up documents, the defendant will be obliged to reinstate the plaintiff in his position or fulfill other claims:

Pay compensation for forced absence or moral damage.
Change the wording of the dismissal.

If the dismissed person was not given a work book, he has the right to demand in court to oblige the defendant to issue it.

Lawyer's answers to private questions

Can an employee be exempt from criminal liability for theft in the workplace?

Yes. Based on Art. 76.2 of the Criminal Code of the Russian Federation, exemption from liability is allowed if the crime was committed for the first time, and the perpetrator compensated for the losses voluntarily. At the same time, the employer has the right to terminate the contract with him anyway: it is believed that exemption from criminal liability does not in itself entail exemption from other measures of liability, including disciplinary and civil law.

They accuse me of theft and want to fire me. What to do?

If the employee is truly innocent, there is no need to worry. Without evidence, the court has no right to pass a guilty verdict. If the employee really stole the property of the organization or personnel, it is easier to resign of his own free will before the start of court proceedings.

What to do if the conviction has already been passed and has not entered into force, but the employee wants to resign on his own and has submitted an application?

Dismiss him at his own request, and not under an article for theft. By law, the employer is obliged to issue all documents and pay no later than the last day of work, even if the sentence has not yet entered into force. The wording in the work book will be different, with reference to clause 3, part 1 of Art. 77 Labor Code of the Russian Federation.

How to issue documents to an employee if he is sentenced to imprisonment for theft?

It is necessary to draw up an act on the absence of the employee from the workplace in connection with a sentence of imprisonment, then send a notification to his address about the need to appear for documents or give written consent to send them by mail.

I quit of my own free will, and after a while the director calls and accuses me of theft. Can I be fired later for theft after the fact?

No. If guilt is indeed proven, only administrative or criminal liability is faced. The entry in the work book does not change.

First, understand the situation

Don’t try to immediately rush to sort things out with the colleague who set you up. To begin with, it doesn’t hurt to probe the soil:

Maybe, in addition to your current job, you have more interesting offers with prospects for career growth? Then it makes sense not to waste your energy for a “place in the sun” in this company and go where you will be more comfortable.
Try to find out what the colleague who set you up was trying to get you fired or just want to make you nervous?
Not a single slander will find a lively response if your bosses at work treat you well. This means you shouldn’t worry – it will be difficult for the enemy to shake your authority.
There are two reasons why you were framed. The first is that you are a good specialist, which prevents your opponent or rival from moving up the career ladder. Secondly, you began to work poorly, began to make mistakes and errors, which did not escape the attention of your enemy.

So, you have found out the reason. It's time to talk about what to do if a colleague sets you up in front of your boss.