Termination of the employment contract: we act according to the letter of the law. The procedure for terminating an employment contract with an employee

Every working person will have to face the dismissal procedure one day. In this situation, it is important to know that there are various grounds for dismissal, which will determine the rights and opportunities of an employee leaving the company. Understanding even the basics labor law, knowing the procedure for dismissal, the employee will be able to facilitate the process of parting with the organization as much as possible, as well as protect himself from unfair actions of the employer. Modern labor law is very competent in protecting the rights of workers, so it is extremely important for workers to find an opportunity to study these issues.

Grounds for terminating an employment contract

The Labor Code of the Russian Federation states that a proposal to terminate a work contract can come from both an employee and his employer. If any reasons for dismissal are acceptable for an employee, ranging from the objective impossibility to continue working and ending with a banal unwillingness to work in a specific company in a specific position, then the employer should approach the issue of dismissal more carefully and justify his desire to part with the employee documented and very carefully. The law stands for the protection of the rights of working citizens, therefore, it is not enough for an employer to just want to get rid of an objectionable employee. Illegal dismissal or violation of the rights of the worker in the process of dismissal may lead to lawsuits and proceedings.

Article 77 of Chapter 13 of the Labor Code of the Russian Federation informs that the general grounds for terminating an employment contract include:

• agreement of the parties (Article 78 of the Code);
• expiration employment contract(Article 79 of the Code), except in cases where the employment relationship actually continues and none of the parties has demanded its termination;
• termination of the employment contract at the initiative of the employee (Article 80 of the Code);
• termination of the employment contract at the initiative of the employer (Articles 71 and 81 of the Code);
• transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
• refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Code);
• refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Code);
• refusal of an employee to transfer to another job, necessary for him in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation, or the lack of an appropriate job for the employer (parts three and four of Article 73 of the Code);
• the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of the Code);
• circumstances beyond the control of the parties (Article 83 of the Code);
• violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Code).

The Labor Code of the Russian Federation also contains other reasons for early termination of the contract (see Chapter 13 of the Labor Code of the Russian Federation).

Video: grounds for terminating an employment contract

Guarantees to the employee upon termination of the employment contract

The guarantees and compensations to which every working Russian is entitled upon termination of an employment contract are regulated by Chapter 27 and Articles 178-181 of the Labor Code of the Russian Federation. Guarantees mean a set of opportunities for exercising labor rights available to an employee. Compensation is understood as financial payments, which are designed to reimburse the employee for the costs caused by his employment of labor or other obligations in accordance with the Labor Code of the Russian Federation.

The main guarantees are determined by the fact that the Labor Code clearly regulates the list of grounds and rules for terminating an employment contract. determines the right of the employee to receive severance pay. In case of reduction due to the liquidation of the company or to reduce the staff, the employer is obliged to pay severance pay(average monthly salary), as well as provide payments while looking for another job (no more than two average monthly salaries). The employer is required to pay a severance pay equal to two weeks' average earnings when the contract is terminated under the following circumstances:

• non-compliance of the employee with fulfilling obligations in terms of medical indicators;
• conscription of an employee for military or civilian alternative service;
• the need to reinstate an employee who previously performed these duties;
• disagreement of the employee to move for the employer to another area.

The amount of severance compensation and the cases of their payment can be adjusted directly in the contract concluded with the employee. In addition to benefits, if any, the dismissed person has the right to receive full size salary for the days worked before dismissal, as well as payments for accrued vacation days that he did not have time to take off.

Article 179 regulates the rights of working citizens in case of redundancy and states that the best chances to keep a job are guaranteed to the most qualified specialists, ensuring maximum productivity. In otherwise identical circumstances, preference is given to:

• family workers with at least two dependents;
• employees who provide the only source of income in the family;
• employees who have received an occupational disease or injury during the period of work in the company;
• WWII veterans and combat invalids;
• employees who improve their skills according to the profile of the employer, without interrupting their work activities.

AT collective agreement often other groups of persons who enjoy the benefits of dismissal due to staff reduction are also indicated.

When reducing staff, the employer is obliged (see):

• not later than two months in person and against signature to inform the employee about future changes;
• to offer the dismissed person an alternative position corresponding to professional competencies downsizing employee.

The employer has the authority to terminate the contract without notice for two months with the payment of two average earnings and dismiss the employee if he has the written consent of the latter.

There is no standardized form for making a notice

There are various ways to familiarize an employee with a document:

• hand over in person against signature;
• in the absence of an employee at work, send a notification by registered mail with a description of the attachment and with a notice of receipt.

Many experts recommend using the second option, since it allows you to get documentary evidence of the fact of receiving a message about the termination of the contract. If an employee refuses to receive a notification, it is necessary to draw up an act fixing this.

The notice period for an employee may vary depending on the reasons for the dismissal. So, when reducing staff, it is supposed to give notice to employees at least two months before the date of parting, and you can be fired for misconduct or absenteeism at least the very next day.

Video: dismissal at the initiative of the employer

Order to terminate the employment contract

The law does not dictate specific requirements for the execution of an order to terminate the contract. Nevertheless, there is a standardized form of the T8 order, which is preferred by many companies, since it is this form that is easily available in various accounting and personnel workflow programs. The order must contain the following information:

• Company name;
• registration number and date of issue of the document;
• details of the contract to be terminated;
• Full name and position of the dismissed employee, as well as the structural unit to which he belongs;
• grounds for termination of the contract with reference to the corresponding clause and article of the Labor Code of the Russian Federation;
• signature of the director of the enterprise.

The order is dated the last day of the employee's work. The illustration below shows a template for an order filled in the T8 form.

The dismissal order can also be drawn up using other templates.

It is not necessary to certify the document with the seal of the organization. However, it is imperative to familiarize yourself with the order of the dismissed specialist. After reviewing the document, the resigning person must leave his signature on it as a confirmation of this fact. If for some reason it is not possible to familiarize the employee with the order (for example, the employee is absent from work or refuses to get acquainted with the document), the personnel specialist makes a note about this on the document. The resigning person has the right to request a certified duplicate of the order of his dismissal.

Personal observations of the author this material show that you should never neglect the opportunity to get a duplicate dismissal order. One of the author's former colleagues had a habit of always asking for a copy of the dismissal order when leaving the organization. Thanks to this habit, the named colleague was able to confirm his seniority, when, by coincidence, his work book was irretrievably lost. The colleague acted very wisely, receiving duplicate orders immediately upon dismissal. In fact, it turned out that some of the enterprises in which he worked during his career, at the time of the restoration of his work book, were simply liquidated, reorganized or moved to other cities.

Work book upon dismissal

When leaving the enterprise, the employee is supposed to receive, among other documents, a work book. The entry of any marks into the labor is carried out in strict accordance with the requirements of Section 5 of Instruction No. 69, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003. In accordance with the above instructions, in the labor it is required to indicate:

• record number in order;
• departure date;
• reason for leaving;
• details of the document-grounds for leaving.

The newly completed labor page is certified by the imprint of the company's seal, the signature of the person leaving, as well as the signature of the specialist responsible for making the entry, or the signature of the head of the company. The following is an example of making an entry in the labor.

All entries in the labor must be made in strict accordance with the requirements of the law

At the written request of the employee, the following documents are also provided to him:

• salary certificate for the current and two previous years (for calculating social insurance benefits);
• certificate of average earnings (to calculate the amount of unemployment benefits);
• certificate in the form 2-NDFL with information on the employee's income from the beginning of the year until the moment of dismissal.

Upon dismissal, the following documents are also necessarily issued:

• section 3 "Personalized information about insured persons" of the calculation of insurance premiums (Appendix N 1 to the Order of the Federal Tax Service dated 10.10.2016 N ММВ-7-11 / [email protected]) with the individual information of the employee for the period from the beginning of the quarter to the date of his dismissal;
• form SZV-M (approved by Resolution of the Board of the Pension Fund of the Russian Federation of 01.02.2016 N 83p) for the month of dismissal of an employee, containing information only about him;
• SZV-STAZH form.

An employee who leaves the company in order to take a well-deserved rest, upon request, also receives information about his seniority in the form of a copy of the SPV-2 form sent to the pension fund.

The labor is supposed to be issued to the resigning person on his final working day. If the employee does not show up for workplace on this day, the personnel service has the right to send him a notification to his home address with a request to appear to receive a job. From the date of sending this notice, the employer ceases to be responsible for the delay in issuing a work permit. Similarly, with the permission of the resigned, personnel officers can send him a work book through the postal or courier service.

If the work book is not handed over to the employee leaving on the final working day due to the fault of the employer, the latter will bear liability. The law obliges the employer to pay the employee the wages not received due to the deprivation of his ability to work (see article 234 of the Labor Code of the Russian Federation).

Final settlement upon dismissal

When parting with the company, the employee is entitled to the payment of the following funds:

• wages for days worked before departure;
• compensation for days not taken off vacation;
• severance pay (if such is provided by agreement of the parties or labor contract).

Charged for execution job duties funds are subject to personal income tax, payments for unused vacation days in 2018 are also taxed at a rate of 13% for residents of the Russian Federation and at a rate of 30% for non-residents. Insurance premiums are paid in full.

When parting by agreement of the parties, the funds paid under the termination agreement are subject to personal income tax only to the extent that it exceeds three times (six times for enterprises operating on Far North) the average monthly salary of an employee (see Letter of the Ministry of Finance of Russia dated February 13, 2015 No. 03–04–06/6531). A similar situation is also true for the payment of severance pay to employees leaving for other reasons (see paragraphs 1, 6, 8, paragraph 3 of article 217 of the Tax Code of the Russian Federation). Insurance premiums in these cases also do not need to be paid.

The total amount of compensation to be paid is indicated in a special document called a note-calculation. The form of primary documentation for accounting for labor and its payment T-61 for filling out a note-calculation was approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1, however, the law does not require its mandatory application. Many companies choose to use this form as a template for creating their own letterhead for these types of situations.

The responsibility for compiling the note-calculation lies on the shoulders of the personnel officer, but the accountant performs direct calculations for payments. Form NoT-61 provides a calculation of the average monthly earnings for payment of compensation for unused vacation or deductions for vacation used in advance. The columns of this document are filled in as follows:

• in column 3 "Payments taken into account when calculating average earnings, rubles." output total amount payments accrued to an employee for the billing period in accordance with the rules for calculating average earnings;
• columns 4 and 5 display the number of calendar (working) days and hours falling on the time worked in the billing period;
• the column "Number of hours of the billing period" is filled in when calculating the payment of compensation for unused vacation to an employee for whom a summarized accounting of working hours is assigned;

The HR specialist is responsible for compiling this form, but the accountant does all the calculations.

Features of termination of an employment contract with special categories of citizens

Breaking an employment contract with certain categories of citizens has some features. So, for example, the employer does not have the legal opportunity to dismiss own initiative an employee in a state of pregnancy, unless we are talking about the liquidation of an individual entrepreneur or enterprise. At the same time, an employee who is expecting a child has the right to quit own will without processing. If it turns out that the dismissal of the pregnant woman was forced, the employer faces administrative and criminal liability. When dismissing a minor employee at the initiative of the employer, he must obtain the approval of the relevant public service responsible for the employment of minors and protecting their labor law. Exceptions to this rule are possible when an organization (or individual entrepreneur) is subject to liquidation. When dismissing a foreign citizen for any reason, the employer is obliged to notify the FMS of this fact using the following form.

Author on personal experience had a chance to observe how Russian legislation protects labor rights certain categories citizens. One of the author's colleagues, while waiting for the child, succumbed to the threats and pressure of the employer and, being in a difficult emotional state and wishing to safely convey the pregnancy, she wrote a letter of resignation of her own free will. After some time, the girl turned to a lawyer she knew for advice, who explained to her the unlawfulness of the actions of the employer, and also helped to draw up statement of claim to the court and contact the labor inspectorate. After litigation, the pregnant employee was reinstated with the payment of wages for the period that she was involuntarily unemployed.

Video: criminal liability for the dismissal of pregnant women

Labor law carefully regulates the issues of dismissal. If an employee can easily part with the company of his own free will, then the employer will have to work hard to get rid of the objectionable employee. Knowing even the basic principles by which the dismissal process is organized will help the employee prevent abuse by the employer, quit the company with all due material payments, and, if necessary, defend their rights by filing a lawsuit against the employer company.

The termination of the employment contract and the end of all relations between the worker and the employer must take place in strict accordance with the rule of law. There are certain reasons, upon the occurrence of which the relationship is interrupted. But even in such a situation, the smallest nuances are observed so that everything is in accordance with the law.

General order

The basic procedure for terminating an employment contract provides for the issuance of an appropriate order. Employees get acquainted with it, after which they sign it. At the same time, he may refuse to sign, which should also be reflected in the order. In addition to this, a copy of the document is also given to him.

The end date of the employment relationship is when the employee last visited his/her workplace. There are also exceptions that relate to those cases when the worker did not go to work, although a place was issued for him.

In addition, it is important to reflect all the events that take place in the work book, which indicates the article that was applied to terminate the contract. This article is not always negative for the worker. After that, the work book on the day of dismissal is taken by the employee, who has the right to receive all the funds due to him for any reason. When he did not come for the documents on his own, a notification is sent to him, which states the need for him to contact the employer in order to carry out everything. The worker himself can come to the office at the place of work and demand that the work book be returned to him. It should not take more than three days from this appeal to return all documentation.

Grounds for termination

To end the relationship, the conditions and grounds for terminating the employment contract are observed.

1. The contract has expired. If the contract has set time, during which a person is obliged to perform labor duties, then before its completion, at least three days in advance, the employer must notify his employee. If this does not happen, then the contract will be considered concluded for an indefinite period. In some situations, this becomes not particularly beneficial for the employer. Notice in all possible situations must be observed on the terms of termination of the employment contract.
2. Agreement of the parties. Only the consent of the employee and his manager will not be enough to terminate the contract. Of no small importance is the date of its termination, to which the parties must also come. To terminate the contract, a sample can be found in the personnel department, as they encounter this all the time.
3. The employee himself may take the initiative to terminate the employment relationship. Everything must happen in advance, at least two weeks before the event. There are also shorter periods equal to three days. But this applies to seasonal work, with an employment relationship of up to 2 months. It is also possible to withdraw the written application. But if another employee is taken, who can no longer be fired, then the application is considered, and the person is fired.
4. The employer wants to end the relationship with his employee.
5. Transition to a new leader. In this case, there is a dismissal at the same place of work, and employment at the invitation to another.
6. If the terms of the contract have been changed not in favor of the worker, then the contract can be terminated on the basis of current legislation. Dismissal occurs when there are no vacancies that are suitable for education and specialization. In this case, the dismissed person must be paid severance pay in the prescribed amount. The same applies to the change of ownership, other adjustments in the activities of the enterprise.
7. There may be conditions that do not affect the opinions and wishes of both parties.
8. If an employment contract is not concluded correctly, when it terminates, all relationships at work cease.

On all issues of labor law, a professional lawyer will give free legal advice by phone, just leave a request.

Employee initiative

An employee of the company may express his desire to terminate all relations with the employer on his own initiative. In order for the termination of the employment contract to take place at the initiative of the employee, it will be sufficient to contact the manager with a written application at least two weeks before the date when there is a desire to end all relations. There should be no explanation or reason given. Here the will of the worker comes first.

There may be some indications for the medical part. That is, the employee has some kind of disease, contraindications to work in these conditions, and other points. After providing the documentation to the manager, he may be offered possible vacancies where he can be transferred. But not always a person agrees to this, since in most cases conditions deteriorate sharply, wage becomes smaller and other restrictions occur. But even in such a situation, it is better to stay in the place that they offer, because not every employer will be able to take such an employee to their team. Otherwise, the date and time of dismissal are agreed upon, and an order is issued to terminate the employment contract by the employee. The form of this type of document is provided for by legislative acts.

Employer's wish

The employer notifies his employee of the dismissal under certain conditions. Such actions must take place at least one month before the date on which the employment relationship will be terminated. Here, even personal motives can act as a reason when an employee does not suit his manager. Among the reasons are also the lack of the required level of education, illness, the cessation of the activity of the enterprise itself, the provision of documents from the candidate for work, which were subsequently recognized as fake, damage to the company's property with intent, staff reduction, violation of working conditions and official duties, neglect of labor protection standards and many others.

In most cases, if an employment contract is terminated at the initiative of the employer, some evidence should be provided that this actually happened. Being at the workplace in a state of intoxication - an act is drawn up, to which a medical examination of the person is attached. If he makes absenteeism, then everything is also documented.

Agreement of the parties

When there are no contradictions, claims against each other and financial obligations between the parties at the enterprise, the termination clause of the contract is applied, as by agreement of the parties. Termination of the employment contract by agreement of the parties must be in writing. It will be considered an annex to the contract. In certain situations, it will be required to be certified by a representative of the personnel department of the enterprise. A sample agreement on termination of an employment contract can be found on the Internet or by contacting the personnel department at the enterprise.

Among the advantages of such a solution for the worker himself, one can single out the receipt of compensation, if it is due, as well as the absence of the need to pay the money spent for training that was carried out earlier.

In general, in this type of termination there are more positive traits, which should also include:

• no obligation to state the reason for dismissal.
• receiving unemployment benefits, if he becomes on the corresponding account in a larger amount.
• termination of the relationship before the end of the probationary period.
• There is no time limit for filing a resignation letter.
• independent agreement on the terms and amounts of severance pay.
• an extra month is added to the experience.
• termination of the contract is possible when you are on sick leave, on vacation and in other cases of absence from the place of work.

But you should immediately think that there may be negative sides as well. decision. First of all, this concerns the fact that the activities of the employer here are not controlled by the trade union organizations. This calls into question the legitimacy of the actions of the head of the company. If the agreement on termination of the employment contract of each of the parties is signed, then there is no way back. The employee cannot begin to fulfill his duties, but will only have to look for a new job, try to find a job again. All labor relations will be resumed only if there is mutual agreement.

Termination of a fixed-term contract

A notice of termination of an employment contract by mail is sent to an employee of the enterprise if the contract concluded with him expires in at least three days. There are other methods used in companies, depending on the situation, to terminate a fixed-term employment contract.

Such an agreement is concluded when it is necessary to perform a certain amount of work and upon completion the contract is terminated. The same applies to cases where a person is taken in place of another employee, for example, on vacation, being on sick leave, on maternity leave or absent for other reasons. Upon the return of the former employee to the place, the contract ceases to be valid. The most common option is seasonal work, after which the fixed-term employment contract is terminated.

The nuances here arise due to certain categories of workers, which include pregnant women. Until she goes on maternity leave, no one has the right to terminate the concluded contract.

The employee himself may express a desire to end the relationship before the end of the term. For this, a three-day deadline for submitting a declaration of intent must also be observed.

Independent Conditions

Not always the desire of the parties can affect the termination of the contract. There are conditions that are recognized as independent of the will of both the employee and the employer. These should include:

• fulfillment of duties to the state, which also includes military duty. In this case, the contract is automatically terminated legally.
• A court decision may be issued, according to which the above person is reinstated at the place where he previously worked and performed official duties.
• climatic disasters, different kinds disasters, incidents and other moments.
• There was no confirmation that the person was elected to his position. There may be various reasons for such actions.
• The death of an employee of the enterprise, as well as a court decision to recognize him as missing.
• Medical contraindications.
• A court verdict by which a person is sent to serve a sentence.

But these are just the main points, on the basis of which the termination of all labor relations. There may be other moments, the onset of which is associated with a change in working conditions.

Cancellation prohibition

In certain situations, it is very important to obtain consent from the employee in order to terminate the contract. The employer himself here cannot fulfill the intentions on his own initiative. This primarily applies to women who are raising children under the age of three, as well as pregnant women. AT this category also include single mothers with children under 14 years of age, or underage children with disabilities.

Their dismissal can occur only in one case - when the company is liquidated and stops its full-fledged activities. At all other points, it will be necessary to obtain written consent from the employee so that he vacates his place in the company.

Nuances of termination

As for pregnant women, it is worth paying attention to other categories of workers with whom there are nuances of terminating an employment contract. There is a state commission on juvenile affairs. If the employer wishes to dismiss such a person, he must without fail to agree on a decision with the authorities.

When an agreement is terminated with persons who are members of the trade union at the enterprise, then everything must be consistent with this structure and nothing else. Here, all cases are regulated by the norms of labor legislation, namely article 373 of the code.

Special attention should be paid to foreign citizens if they are hired. After the expiration of the contract within three days, the employer is obliged to notify the migration service authorities at the location of the enterprise about his actions. Also, the notification is sent to the employment center, as well as the authority tax office. Their dismissal may occur at the end of the validity of the documents allowing them to stay in the country legally. This is a residence permit, the corresponding permit, the concluded insurance contract. Free legal consultation over the phone will resolve any of your controversial issue.

Today, everyone who is employed knows how important all the nuances that are associated with work are. First of all, this is due to the fact that this area is clearly and completely regulated by law, so it is quite difficult to deviate from the practice that has developed over many years.

It is quite rare that problems occur throughout the entire workflow. As practice shows, most issues arise directly at the moment when one of the parties has a desire to terminate the employment relationship. Such situations can bring a lot of headaches to both the employer and the employee himself.

General provisions on the procedure for terminating an employment contract

It is worth noting that dismissal in the legal sphere is perceived as termination of an employment contract. Such actions require certain actions from both parties to such an agreement. Therefore, it is important to familiarize yourself with the process of breaking off relations in the world of work.

If you follow the experience, then quite often employees go to court for wrongful dismissal. In this situation, we are talking about the fact that the employer did not adhere to the procedure provided for by the contract or the Law. Therefore, it is important to study the process of terminating the agreement itself and the consequences that both parties expect after such actions.

Therefore, we suggest that you familiarize yourself with the information that details the dismissal procedure. The regulatory and legal framework in this area is quite large and is not always clear to those who are in Everyday life has nothing to do with jurisprudence. Therefore, we have chosen the most important aspects and tried to present them in a simple way. If you are faced with such a situation, be sure to read the article.

The concept of an employment contract and its termination

First of all, it is necessary to consider key concepts, which will appear in our article, because without it it will sometimes be difficult to understand what exactly is being discussed. First, let's define what an employment contract is. In accordance with the current legislation, this is a bilateral agreement between the employer and the employee to provide a certain position and perform certain duties. That is, it is a document that regulates the relationship.

It is worth noting that not all organizations have recently drawn up such contracts. Some companies choose to discard such actions. This is due to the fact that for each employed employee, the company is obliged to pay taxes. Therefore, unscrupulous employers just want to save money. But, here it is worth understanding that, first of all, this is illegal, because such an obligation is directly enshrined in regulatory legal acts. Secondly, such actions directly protect the rights of both parties, since they regulate their relationship in detail.

That is, before starting work, require your boss to draw up an employment contract. This will help you protect your rights when you leave. As we have already found out, the calculation from work is called termination of the employment contract. This procedure is a certain set of actions, the result of which will be the termination of all rights and obligations stipulated by the labor contract between these parties.

The most important thing in such a case is that the procedure for terminating the agreement must necessarily comply with the norms of the Law. Otherwise, such actions will be declared invalid or appealed in court.

It is worth noting that all the actions that need to be taken to terminate the relationship between the employer and the employee can be prescribed in the contract. But, quite often, such documents contain a reference rule, which directly indicates that the reasons for such actions may be situations that are provided for by the legislative framework. In this case, you will certainly have to get acquainted with the regulatory framework.

Grounds for terminating an employment contract

Like any other legal action, termination of an employment relationship requires specific reasons to be given. AT this case, such provisions are directly enshrined in regulatory legal acts. The legislator provided that they include:

• mutual consent of both parties to the contract;
• the expiration of the term for which such contract was drawn up;
• termination of relations at the initiative of the employer;
• termination of relations at the initiative of the employee;
• use of the procedure for transferring an employee to another organization or to another position;
• termination of the agreement due to changes in the form, structure, principle of operation of the company;
• unilateral refusal to conclude a new contract due to changes in working conditions;
• refusal to draw up a new contract in connection with a change in the place of work;
• due to circumstances that do not depend on the will of all parties to the agreement;
• inconsistency of the terms of the contract with the norms of the law, which make it impossible to continue cooperation.

Such provisions are complete and it is on their basis that an employment contract can be terminated. Among them are the most common. This is the consent of both parties and the initiative of each of the participants in such a contract. Therefore, we suggest that you familiarize yourself with each of these situations in more detail.

Termination of the employment contract by the employee

This form in everyday life is called "of one's own free will." It is worth noting that in such situations, there are also certain conditions under which the employee has the right to use this option for dismissal. Today, the Labor Code refers to them:

• the impossibility of continuing further cooperation (for example, he is enrolled in an educational organization or goes on retirement due to reaching a certain age);
• the employer violated the working conditions stipulated by the contract, federal laws, regulatory legal acts of a local nature.

In this case, if a person sees that his situation falls under such criteria, he has every right to provide a special application to his employer, which will indicate his request to terminate the employment contract, indicating the reason for such dismissal.

Termination of the employment contract by the employer

It often happens that the initiative to end an employment relationship comes directly from the organization itself. In such a situation, the head or head of personnel departments needs to familiarize themselves with the reasons that may be the basis for such actions. The legislator included:

• termination of activities legal entity or individual entrepreneur who is registered in the employment contract as an employer;
• reduction in the number of employees in the enterprise;
• insufficient knowledge and skill of the employee for the position he occupies and the work that he performs in the labor process;
• changes in the ownership of property used in the activities of the employer;
• non-fulfillment by the employee of his labor duties prescribed in the contract. At the same time, such actions must occur repeatedly or for one of them a disciplinary liability was imposed on the employee;
• one-time violation of the rules of work or failure to fulfill their duties:

1. For absence from work throughout the entire shift, while its duration does not matter, without good reason.

2. The appearance of an employee at the workplace in a state of intoxication or under the influence of drugs.

3. Distribution of statements that constitute a secret protected by law.

• theft of property or material values ​​that belong to the organization;
• committing an immoral act of employees, whose obligations include educational functions.

These are the most common reasons. As a rule, it is on their basis that the employer builds the procedure for dismissing an employee.

The procedure for terminating the employment contract at the initiative of the employee

It is especially important to outline the process of interrupting the relationship between the employee and the employer. Such actions must be carried out strictly in accordance with the law, otherwise the person will be liable for misconduct.

Depending on who exactly terminates the agreement, the procedure is established. That is, there is a direct link to the subject. Therefore, it is worth considering them separately. Let's start with employee initiative.

If an employee has a desire, and it matches the conditions, he can provide his employer with a special application, which will directly indicate the need to quit. Such a document must contain:

• names of the parties;
• main text;
• indication of the reason;
• signature.

First of all, they indicate the name of the organization and their employer. Full initials must be indicated, it is best to rewrite them from the employment contract itself.

The body text contains the title of the document. Here, in the middle of the sheet, you must indicate "Statement of resignation of your own free will." Next comes the very petition for termination of the employment contract. It is necessary to indicate when, where and by whom it was signed. In addition, if he had a number, then you also need to write it.

The indication of the reason must comply with the law. That is, it is necessary to write one of those reasons that were discussed in the previous sections of the article. In addition, you can directly make a link to a normative legal act, indicating its name and article number.

At the end, the document must be certified by the signature of the employee himself. The date of its submission to the head or authorized person is also entered. If you are applying earlier, you do not need to set a date. It is best to specify such a number before the provision itself. In order to view such a document, you can download a sample application for termination of an employment contract:

After such a document is ready, it must be submitted to the personnel department or the employer. He must accept it. Then comes the period, which is characterized by special rights and obligations of the parties.

So, over the next 14 days, the employee is still obliged to carry out his usual labor activities. They are paid according to the same regime that existed throughout the entire labor relationship between the parties. On the last day of such a period, the employer provides him with a work book and other documents that were submitted to him when he was hired.

There is one more nuance. During this two-week period, the employee has the right to withdraw his application at any time. At the same time, the employer does not have the right to refuse his employee and continue the employment relationship as usual. That is, if a person suddenly changes his mind and wants to leave his workplace, then he needs to contact the employer and withdraw his request to terminate the contractual relationship.

But, there is also a certain exception. So, if during such a period the employer hired another person to his workplace, who, in accordance with the Law, belongs to the category of people who have the right to the prerogative in obtaining work, then it will not be possible to withdraw the application. But, without fail, an employment contract must already be concluded with him, otherwise such an agreement is not recognized.

There are categories of persons who, according to the Law, are allowed to change their mind even after 14 days have passed. So, military personnel who wrote a statement of their own free will and the reason for it was retirement are given three months after their dismissal to be able to regain their position. At the same time, such a workplace cannot be worse than that which was before retirement.

The procedure for terminating an employment contract at the initiative of the employer

Termination of an employment contract at the initiative of the employer has its own characteristics, which are primarily related to its administrative functions. Except special conditions, which were mentioned above, there is also a certain procedure, which is directly provided for by law:

• coordination of all conditions for terminating a work contract with employees of certain categories;
• study of the category of workers who by right cannot be dismissed;
• payment of severance pay as compensation for the termination of the employment relationship between the parties.

In addition, there are situations when the employer cannot independently decide the issue of further termination of cooperation with a certain person. In such situations, he will definitely need the advice of the Trade Union. To date, the category of such cases are:

• layoffs when reducing the number of employees in the organization;
• termination of the employment contract due to insufficient competence of the employee in the area where he performs his duties;
• ending the relationship as a result repeated violation employee of the rules of conduct and internal regime, the commission of a disciplinary offense.

There is a special procedure for these situations. In making such decisions, the employer cooperates with representatives of the Trade Union. At this stage, until the final verdict is issued, he does not have the right to terminate the employment relationship with the employee.

Particular attention should be devoted to pregnant women, because, as practice shows, the dismissal of such persons is most often the cause of litigation. Thus, the legislation provides that an organization or enterprise of any form of ownership has absolutely no right to terminate labor relations with such people. The one and only exception would be the complete liquidation of the company itself, which simply makes further cooperation impossible.

The fact that the employment contract is terminated with a certain employee is issued a special notice of termination of the employment contract. It has the form of an order of a body authorized for such actions in the structure of a company or an official. Such a document must necessarily contain the name, the person being fired and the very reason for such actions. In addition, it is mandatory to indicate the date of adoption of such a document.

The legislation provides that, at the initiative of the employer, dismissal can occur no earlier than 2 months after the employee is informed of such a fact. During this period, work continues as usual. On the last day, the employee is given a work book and other documents that were required of him to conclude an employment contract.

If an employee does not agree with the decision of his employer or considers it illegal, he has every right to apply to the court for the restoration of justice. Recently, this procedure is very popular. First of all, this is due to the fact that employment contracts, which are drawn up on initial stage relationships, as a rule, are not always drawn up correctly. This makes it possible for the employee to appeal against the unlawful decision in the bodies of Themis, based on the fact that the employment contract was incorrect.

That is, the terms for terminating the employment contract at the initiative of both parties will be completely different. This must be taken into account and observed, since quite often such cases are found in courts. If the party does not adhere to the terms specified in the legislative framework, this will cause the termination of the employment contract to be recognized as illegal.

Termination of a fixed-term employment contract

There is a category of contractual relations in the sphere of labor, which are fixed by contracts, where the term of the relationship between the parties is clearly established. Under the Law, such terms do not exceed five years and regulate only certain categories of cases.

Such agreements have a certain procedure for termination. In this situation, everything directly depends on the conditions that were specified in such a contract. So, if it was concluded, for example, for three years, then after this term it loses its legal force. At the same time, the employer is obliged to warn his employee about this in advance. In addition, such actions must be carried out no later than three days before the very date when the contract ends.

If the contract was drawn up for the performance of certain robots, then its completion will be characterized directly by the final performance of such work. That is, here the fact of the end of the relationship will be the very fulfillment of all the conditions that are provided for by the labor agreement.

If the contract was drawn up to replace another employee who, due to certain circumstances, could not fulfill his duties, then it ceases to be valid when such an employee takes his former position. Another category is seasonal work. In this situation, they also end with the fulfillment of their duties.

That is, this category of severing relations is characterized by its automaticity, since it has certain indications of the time frame for cooperation, which often simplifies the task for both parties. But, it is worth noting that both parties to the employment contract have every right to use the types of dismissal that were provided for in the previous sections.

The employee has the right on their own initiative terminate the employment contract at any time by notifying the employer in writing two weeks in advance.

The employer, without the consent of the employee, does not have the right to dismiss him on the application submitted by him before the expiration of the notice period. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee’s application for dismissal is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of the employee’s labor rights, terms of the employment or collective contract, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee's application. Here, immediate dismissal is possible.

Before the expiration of the termination notice the employee has the right at any time withdraw your application. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with the law, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the notice period and the employee does not insist on dismissal, the employment contract is considered to be continued. However, if the employee refuses to continue the employment relationship, the employer is obliged to issue him a work book and make settlements with him. Otherwise, the employee is paid the wages he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter another job without a work book

The notice period is calculated from the next day after the employee submits the application in calendar days. However, if the last day of the notice period falls on a non-working day, the expiration date of the notice period is the next business day following it.

On the last day of work, the employer is obliged to issue a dismissal and payment, issue a work book to the employee with a completed record on the grounds for dismissal

13 Termination of the employment contract at the initiative of the employer

The grounds for dismissal at the initiative of the employer, which apply to all employees, no matter who and where they work, are called general, and those applied to certain categories are additional. upon dismissal, there should be a reference not only to Art. 81, but also to its corresponding paragraph, and to the reasons for dismissal.

Each of the grounds for dismissal under Art. 81 of the Labor Code has its own rules for the application and the procedure for dismissal. Therefore, dismissal at the initiative of the employer will be lawful not only when there is a ground specified in this article, but also subject to the simultaneous observance of the rules for applying this ground and the procedure for dismissal.

general guarantees upon dismissal: prohibition of dismissal during a period of temporary disability and during the period of an employee's annual leave, except in cases of complete liquidation of an enterprise, institution, organization, i.e. dismissal is not allowed during the absence of an employee at work for good reasons. It is not allowed to dismiss pregnant women at the initiative of the administration, both on general and additional grounds, except in cases of complete liquidation of an enterprise, institution, organization, when it is possible to dismiss, but with mandatory employment. In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, at her request, to extend the term of the employment contract until she has the right to maternity leave.

The employer has the right, with the written consent of the employee, to terminate upon liquidation organizations, an employment contract with an employee without a notice of dismissal, but with the payment of additional compensation in the amount of two-month average earnings (Article 180 of the Labor Code).

Dismissal with staff reductions it will be lawful if the following conditions are met at the same time: - there is indeed a reduction in staff, number; - the employer made an attempt to find internal employment, but the dismissed person refused the existing job offered to him; - the employee was warned about dismissal on receipt for 2 months; - was received preliminary consent of the trade union committee for this dismissal

With the consent of the employee, the employer may replace the warning with an appropriate compensation - two months' wages. The employer shall notify the seasonal worker in case of liquidation of the workplace and reduction of staff 7 calendar days in advance.

revealed inconsistency of the employee with the position held or the work performed due to a) health status, in accordance with a medical report, or b) insufficient qualifications, which is confirmed by the results of certification.

in case of change of ownership of the property of the organization(in relation to the head of the organization, his deputies and the chief accountant). it can be applied by the new owner of the property of the organization no later than 3 months from the date of its entry into the rights of the owner.

the following circumstances: - a disciplinary offense for which the employee is dismissed; - for the last working year he has a disciplinary investigation; - the rules for imposing penalties according to the terms and procedure provided for by the Code are observed; - the employer, upon dismissal, took into account the severity of the offense committed, the circumstances under which he was committed, as well as the previous behavior of the employee and his attitude to work.

dismissal for a single gross violation by an employee of his labor duties: a) absenteeism (absence from the workplace without good reason for more than 4 hours in a row during the working day); b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication; c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties; authorized to apply administrative penalties; e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences.

dismissal due to with the loss of trust of the administration to the employee, directly servicing monetary and commodity values ​​(receiving, storing, transporting, selling them, etc.), who has committed guilty acts that give the administration grounds for losing confidence in him.

dismissal of youth educator for immoral act, incompatible with the continuation of this work. It can only be applied to those employees who are engaged in educational activities.

a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.

for the submission to the employer of false documents, knowingly false information when concluding an employment contract.

additional grounds for dismissal teacher educational institution all levels:

1) a repeated gross violation of the charter of an educational institution during the year; 2) the use, including a single one, of methods of education related to physical and (or) mental violence against the personality of a student; 3) reaching the age of 65 years by the rector, vice-rector, dean of the faculty, head branch (institute), state or municipal educational institution of higher professional education.

state employee may be dismissed at the initiative of the administration on the following additional grounds: - reaching the age limit established for filling a public position in the civil service; - termination of citizenship of the Russian Federation; - failure to comply with the obligations and restrictions established for a civil servant by this Federal Law; - disclosure of information constituting state and other secrets protected by law; - the occurrence of other circumstances, i.e. cases when a citizen cannot be accepted or be in the public service, specified in paragraph 3 of Art. 21 of this Federal Law.

grounds for termination of an employment contract due to circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative service that replaces it. 2) reinstatement at work of an employee who previously performed this work, - by decision of the state labor inspectorate or the court. 3) non-election to office. 4) condemnation of the employee to a punishment that excludes the continuation of the previous work, in accordance with a court verdict that has entered into legal force; 5) recognition of the employee as completely disabled in accordance with a medical report. 6) the death of an employee or employer - an individual, as well as the recognition by the court of an employee or employer - an individual as dead or missing; 7) the onset of emergency circumstances that prevent the continuation of labor relations.

Termination of an employment contract means the dismissal of an employee from his position. It is during dismissal that violations of the law often occur. And the employee is forced to use one or more methods.

We propose to consider how and under what circumstances the termination of the employment contract is carried out. What you need to know when dismissing, and how to do it right.

Grounds for termination of an employment contract

The labor legislation provides for the following grounds for termination of employment:

• employee initiative
• employer-employee agreement
• employer's initiative
• expiration labor agreement
• with the consent of the employee
• employee's refusal to continue labor activity due to changes in working conditions
• refusal to transfer to another job due to the state of health of the employee
• violation of the law when concluding an employment contract
• circumstances beyond the control of the parties
• refusal to move to another area with the employer
• refusal to continue work due to a change in the owner of the organization, a change in jurisdiction, type of institution, etc.

The employer is responsible for entering reliable information about the grounds for termination (termination). In case of violation, you can contact with.

The procedure for terminating an employment contract

When terminating an employment contract, the employer issues an order (order) on the dismissal of a particular employee. The order indicates its number and date of publication, the full surname, name and patronymic of the employee, the full name of the position he holds, the grounds for dismissal with reference to a specific norm Labor Code RF.

The order indicates the date of dismissal of the employee. The date of issue of the order and the date of dismissal of the employee may not coincide. That is, an order can be issued to dismiss an employee today, but tomorrow's date. On the date of dismissal, the employee must work full time.

The order is made in writing, signed by the head. It is handed over to the employee for review against signature. In those situations where the employee refuses to familiarize himself, an appropriate one is drawn up.

On the last working day, the employer makes a full settlement with the employee and issues him a work book with a record of dismissal. If on the day of his dismissal the employee did not appear for his documents, he is sent a message about the need to receive them. An employee who has not received documents in a timely manner can apply with. In this case, the employer must issue the documents within three days.

The employer sends a written letter to an employee working under a fixed-term employment contract three days before dismissal.