Termination of the employment contract. Features of labor regulation of certain categories of workers

LABOR CODE REQUIREMENTS

Main points labor relations are:

1. Freedom of choice of activity.

2. Assistance in employment.

3. Unemployment protection.

4. Ensuring fair conditions at work.

5. Timely payment of funds.

6. Ensuring the equality of employees.

7. Unprecedented compensation for harm caused to an employee in the performance of his job duties.

8. Social partnership.

The documents

1. Passport or other document for identification of the applicant.

2. Work book. It is not required to present in the following cases:

job seeker for the first time. In this case, the work book is issued by the employer;

the work book is lost or damaged - a new job applicant is issued upon his application (indicating the reason for the absence of a work book);

in the event that the employee enters a part-time job.

After the termination of the employment relationship, the work book is issued to the employee.

3. Insurance certificate of state pension insurance (SNILS). If the applicant gets a job for the first time, then SNILS is issued by the employer.

4. Military ID or other military registration document (for example, registration certificate). Mandatory for persons liable for military service and persons subject to conscription for military service.

Combining work and study Are you studying and want to get a job? Find out how study leave is paid.

Features of making entries in work book employee.

5. A document on education (a diploma, an assessment sheet may be required). It is required to confirm the qualifications of the applicant and the availability of education for the position for which he is applying.

For some professions, such as a truck crane operator, a slinger, an excavator operator, etc., it is also necessary to have a certificate of training in the relevant profession, confirming his qualifications. Such employees must undergo annual re-certification (most often in the same employer organization), which is indicated in the certificate with a corresponding mark.

For drivers (as well as for drivers of truck cranes and excavators) a driver's license is required for the right to drive the type of transport on which it will work.

6. Certificate of the presence or absence of a criminal record. Required when applying for a job for which, in accordance with the law Russian Federation persons who have a criminal record or are subject to criminal prosecution are not admitted.

Employment conditions, nature of work:

main job, permanently;

· part-time with payment in proportion to the time worked (for an external part-time job);

To replace a temporarily absent employee;

on the terms of internal part-time employment with payment in proportion to the hours worked;

main work, temporary, irregular working hours (for the director, the sole founder of the organization);

main job, commission wage system in the amount of 10 percent of the cost of products sold by the employee, permanently (for an employee with a commission wage), etc.

Reasons for termination employment contract

Consider the main reasons for such a desire of the boss or leader. They are directly spelled out in the law:

• termination of the activities of the organization or institution where the employee worked;
• staff reduction;
• change of owners of the enterprise;
• violation of instructions and disciplinary criticism against the employee, in addition, failure to fulfill his direct duties without good reason;
• gross violation of work obligations.

But there are cases when it is the employee, and not the manager (employer), who wants to terminate the employment contract. There can be many reasons for termination from this side. In this case, there are a number of especially So, the grounds for termination of the employment contract are:

1) agreement of the parties (Article 78);

2) the expiration of the term of the employment contract (paragraph 2 of Article 58), except in cases where the employment relationship actually continues and none of the parties has demanded its termination;

3) termination of the employment contract at the initiative of the employee (Article 80);

4) termination of the employment contract at the initiative of the employer (Article 81);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75);

7) the employee's refusal to continue work in connection with a change in the essential terms of the employment contract (Article 73);

8) the employee's refusal to be transferred to another job due to the state of health in accordance with a medical report (Part two of Article 72);

9) refusal of the employee to transfer in connection with the relocation of the employer to another locality (part one of Article 72);

10) circumstances beyond the control of the parties (Article 83);

11) violation of the rules for concluding an employment contract established by the Labor Code or other federal law, if this violation excludes the possibility of continuing work (Article 84).

5. Salary (remuneration of an employee) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments. (Article 129 of the Labor Code of Russia) Salary (colloquial salary) - monetary compensation (it is practically unknown about a different type of compensation) that an employee receives in exchange for his work.

Nominal - the amount of money in nominal amount received by the worker in the form of remuneration for work.

The nominal wages are:

payment accrued to employees for hours worked, the quantity and quality of work performed;

piece rate pay, tariff rates, salaries, bonuses for pieceworkers and time workers;

surcharges due to deviations from normal conditions work, night work, overtime work, for foremanship, payment for downtime through no fault of the workers, etc.

Real is the quantity of goods and services that can be purchased with nominal wages; real wages are the "purchasing power" of nominal wages. Real wages depend on nominal wages and the prices of goods and services purchased.

6. Reduced working hours are set for:

minors under the age of 18 (see article 43 of the Labor Code of the Russian Federation);

certain groups of workers in connection with the peculiarities of their work (workers with severe and harmful conditions labour, doctors, teachers, lecturers educational institutions and others, see Art. 44 - 45 Labor Code of the Russian Federation);

students on the job;

women working in countryside;

disabled people of I and II groups;

teachers, professors and other teaching staff of educational institutions.

Working hours are also reduced when working at night (from 10 p.m. to 6 a.m.). This rule does not apply to:

employees who already have a reduced working time;

working in continuous production, when it is necessary to equalize day work with night work;

workers specially hired to perform work at night;

workers employed in shift work with a six-day working week with one day off.

7. Trade union (trade union) - voluntary public association people connected by common interests by the nature of their activities in production, in the service sector, culture, etc.

Associations are created to represent and protect the rights of employees in labor relations, as well as the socio-economic interests of members of the organization, with the possibility of a wider representation of employees.

The working hours of adolescents are strictly limited:

For employees under the age of 16 - no more than 24 hours a week;

For employees from 16 to 18 years old - no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation).

As far as wages are concerned, time system it should be paid taking into account the reduced hours of work. But you can pay an employee at the expense of own funds to the wages of those who work full time. Piece-work payment is charged depending on the output and can also be increased due to additional payments (Article 271 of the Labor Code of the Russian Federation).

In labor relations with minors under 18 years of age, it is prohibited: to entrust them with heavy, harmful, dangerous work (Article 265 Zh RF); involve them in work at night, on weekends and holidays (Article 268 of the Labor Code of the Russian Federation); guide them to business trips(Article 268 of the Labor Code of the Russian Federation); establish a probationary period for them (Article 70 of the Labor Code of the Russian Federation); enter into agreements with them liability(Article 244 of the Labor Code of the Russian Federation).

If a teenager has caused a firm material damage Is it possible to hold him accountable and to what extent?

Dismissal, or termination of an employment contract - the completion of relations between an employee and an employer at the initiative of either party. Like any other personnel work dismissal must be accompanied by established procedures, which include:

• advance warning of the intention to terminate the contract;
• working out;
• documenting;
• final settlements with the employee.

The procedure for terminating an employment contract has its own subtleties, depending on the reason for the dismissal and, above all, on who initiated it - the employer or the employee.

The procedure for terminating an employment contract at the request of the employee (Article 80 of the Labor Code of the Russian Federation)

The most common reason for dismissal is the employee's own desire. In such cases, the general rules for termination of employment apply, which are as follows:

1. The employee submits a written resignation letter addressed to the manager.
2. As a rule, 14 days pass from the date of application to the termination of the contract. This is the so-called "development", during which the employee completes his current affairs, transfers accountable property, etc. The employer has the opportunity during this period to find a new candidate for a vacant vacancy, to accept from the employee working documentation and valuables, conduct an audit, prepare all the necessary orders and accrue the payable cash. As for the period of working off, by agreement between the employer and the employee, it can be reduced. During this period, the resigning person has the right to “change his mind” and withdraw his application.
3. Termination of the employment contract at the request of the employee is accompanied by a number of actions on the part of the employer:
   • a dismissal order is issued;
   • a work book is filled in - a record of dismissal is made indicating the reason, a link to the relevant article of the Labor Code of the Russian Federation, details of the order, certified by the signature of the responsible employee and the seal of the organization;
   • a cash payment is calculated, which includes wages for actually worked days, compensation for unused vacation, payment for processing, etc.;
   • on the day of dismissal, the employee gets acquainted with the order (under signature), a copy is given to him (upon request), the work book is returned; the amount due is paid in full.
4. The date of dismissal is the last working day of the employee, when he must view the personnel documents, put his signatures where required and pick up the work book.

As a rule, there are no complications in the design of outgoing own will not happening. But here some nuances may arise if the employee for some reason did not want or could not receive the documents. In such cases, the staff member proceeds as follows:

• in the absence of the dismissed person's signature on the order, makes an appropriate entry on the main copy and copies;
• sends a notification to the employee who did not appear for the work book with the requirement to pick it up from the employer;
• in case of untimely application of the dismissed person for a work book, ensures its issuance in 3 working days;
• at the request of the employee, it is possible to send a work book by mail.

It is extremely important to complete the procedure no later than the day the work contract is terminated, otherwise the dismissal may be declared invalid: this is not the case when it is permissible to draw up documents “backdating”.

There are situations in which the termination of an employment contract at the initiative of an employee deviates slightly from the standard scheme. Basically, changes occur in terms of the duration of the mandatory "working off", namely:

1. The head of the organization is obliged to warn about the intention to leave a month before the expected date of dismissal.
2. Employees have the opportunity to terminate their employment relationship without working off, if this occurs due to the following circumstances:

• admission to study at a university or secondary vocational institution;
• retirement;
• moving to another locality;
• dismissal caused by violations of labor laws by the employer.

Agreement of the parties

Dismissal by agreement of the parties is considered a "compromise" option between the employee and the employer. It can be caused both by the desire of the employee and the decision of the employer, in any case, this is possible provided that the parties manage to agree “amicably”. The termination of the employment relationship is formalized by agreement of the parties as follows:

• the employee fills out an application for dismissal under Art. 77 p. 1 of the Labor Code of the Russian Federation;
• the employer prepares an order, an agreement to terminate the employment contract, makes an entry in the work book about dismissal by agreement.

This wording can give certain benefits to the dismissed: monetary compensation from the employer, the opportunity, if necessary, to apply for unemployment benefits, based on the amount of wages. The employer may also be interested in an agreement: for example, in this way he receives a guarantee that the employee will leave the organization on a specific date, since the application in case of dismissal by agreement is not retroactive.

Termination of employment at the initiative of the employer

The Labor Code of the Russian Federation (Article 81) provides for a number of grounds for terminating an employment contract by an employer. The general grounds applicable to all employees, with the exception of certain categories, include:

• downsizing;
• job discrepancy of the employee due to low qualification, proved by attestation activities;
• gross violation of labor discipline (absence from work without good reason, being at the workplace in a drunken state), disclosure of confidential information;
• systematic failure to perform official duties (the presence of several disciplinary punishments);
• material damage intentionally caused to the tenant;
• non-compliance with safety and labor protection requirements, resulting in an emergency situation, causing harm to life and health of people, property damage;
• provision of inaccurate information, forged documents during employment.

There are also reasons for dismissal, specific to certain positions, provided for by separate legislative acts, for example, loss of confidence for workers associated with money; immoral behavior for teachers or the discovery of a government employee's own business.

In order to become the basis for termination of the employment contract by the employer, all these facts must be established, documented: acts, medical certificates, memorandums and memos, a court decision, etc.

The unconditional basis for the dismissal of any employees is only the liquidation of the company, in all other cases there are restrictions that relate to:

• women during pregnancy;
• workers with children under 3 years old;
• single mothers and persons raising children under 14 without a mother;
• employees with a child with a disability - until he reaches the age of majority;
• an employee cannot be fired while he is temporarily unable to work or is on vacation.

Termination of the contract at the initiative of the employer has many nuances arising from the specific reason for dismissal. For example, the procedure associated with liquidation and reduction includes, first of all, a notice of termination of the employment contract sent to the employee 2 months before the dismissal, as well as the payment of severance pay. In some cases, the employer must first offer the employee to move to another position, and after the refusal, he may terminate the employment relationship.

Dismiss the violator of discipline - even more difficult task, which is carried out in several stages and is accompanied by the collection of evidence base.

Thus, the procedure for terminating the contract depends on the article of the Labor Code applied upon dismissal, each of which deserves separate consideration.

Termination of fixed-term employment contract

Work on fixed-term contract- a special case. By signing it, both parties agree that after a certain period of time their employment relationship will end. Moreover, the possibility of their extension may or may not be envisaged. However, such a contract does not automatically terminate on the date specified in the agreement.

The urgency of the contract does not exempt the employer from warning the employee 3 days before the date of dismissal - the notice must be given to the employee personally or sent by mail. Otherwise, the contract will be considered prolonged for an indefinite period, that is, it will become indefinite.

In the usual manner, the termination of a fixed-term employment contract occurs in connection with the completion of work (temporary, seasonal), for which the person was involved in the organization, or the exit of a temporarily absent employee, in whose place the dismissed person worked. The difference between a fixed-term contract and a regular contract is that it gives the employer the right to part with temporary worker, even if he will be on sick leave by the time the agreement ends, on vacation.

The fact that the contract has a certain period is not an obstacle to the departure of a temporary employee of his own free will. For early termination of labor relations, it is necessary to write an application, and after 2 weeks you can be free from your duties. Apply to "conscripts" and other options for dismissal - by agreement of the parties, at the initiative of the enterprise.

Difficulties for the employer can arise only in one case: if a pregnant woman turns out to be a worker under a fixed-term contract. It is impossible to dismiss her in connection with this circumstance, but you can wait until she gets the right to go on maternity leave. Until this moment, personnel officers have the right to request a pregnancy certificate from a woman every 3 months and, on its basis, renew the contract. A woman who is not in a hurry to go on maternity leave and continues to work “up to the stop” and further can be fired on completely legal grounds within a week from the day the employer receives information about the end of the pregnancy.

What should an employer do if a person returns to work in whose place a pregnant employee works? Because in this case a permanent worker has a priority right, legislators have “insured” organizations by allowing them to fire a substitute if he does not agree to transfer to another job. The place offered by the employer must meet only one requirement - it must correspond to the state of health of the pregnant woman, and it does not have to be equivalent in terms of pay and position.

The labor legislation also provides for other situations that require the termination of an employment contract. They cannot be attributed to ordinary personnel practice, but such cases are not uncommon:

• transfer to another organization based on the employee's application and confirmation from the new employer;
• dismissal for health reasons, if the employer does not have another job suitable for the employee (the basis for dismissal is a medical report, a written refusal of the employee);
• staff care due to internal changes in the organization (change of ownership, deterioration of essential working conditions, relocation of the enterprise to another locality) - the actions of the employer in such cases are similar to the reduction;
• force majeure and other circumstances beyond the control of the parties, such as the mobilization of an employee for military service, the death of an employee, natural disasters- the employment contract is terminated if there are documents confirming the fact of the incident.

The relationship between the employer and employees must be formalized, for which an employment contract is used. It must be compiled according to correct form and contain many important information. It can be terminated only if there are good reasons. The initiator can be either an employer or an employee. Therefore, you should understand how the termination of the employment contract takes place, how this process is formalized, and also how to avoid different negative consequences.

General provisions

The dismissal is represented by the termination of the employment contract or other contracts drawn up between the business representative and the hired specialist. At the same time, each party performs certain actions aimed at terminating the relationship. Process details include:

• the employer must take into account the provisions of the Labor Code in order to prevent various violations for which you will have to pay significant fines;
• if a specialist is dismissed without prior notice or without good reason, then he can challenge this action through the court;
• upon dismissal of a citizen, it is required to pay him severance pay and other means, as well as put the desired mark in the work book.

Proper termination of the employment contract ensures that there are no problems with labor inspectorate or court for a business representative.

The concept of a contract

An employment contract is a bilateral agreement drawn up and signed by the employer and employees. Based on it, a hired specialist occupies a specific position. He is given certain official duties which must be performed by them in a timely and correct manner.

This document governs the relationship between the two parties.

Not all companies use such contracts, as they often offer employment without registration. In this case, firms can save on taxes and contributions to various social funds. But such a decision is unacceptable for specialists, since their future pension is reduced, they cannot count on the social package, and they can also quit in violation of the norms of the Labor Code. Therefore, each person must require the conclusion of an employment contract before starting work. This guarantees the ability to protect their rights in case of unjustified dismissal.

Reasons for termination of the contract

Exist different grounds to terminate the employment contract. They can be available to both the employee and the business owner. If the employer is the initiator, then he cannot deprive the specialist of work for no reason. Therefore, they must take into account different nuances and requirements.

There are several reasons:

• termination of the employment contract by agreement of the parties, which is carried out if both parties agree that it is inappropriate for the employee to continue working at a particular enterprise;
• dismissal of a citizen by an employer, and this is usually due to the fact that a hired specialist does not cope with his duties, regularly violates labor discipline or there are other good reasons;
• dismissal of an employee of his own free will, for example, he may not be satisfied with working conditions, he may find another job, or he needs to completely move to another city;
• transfer of a specialist to another company or to another position in one company;
• termination of relations on the basis that significant changes have been made to the principles and rules of the organization;
• refusal to extend or renegotiate the contract on the part of the management or the specialist himself, which is usually associated with the introduction of fundamental changes in working conditions;
• it is necessary to terminate the relationship due to circumstances that do not depend on the two parties;
• the contract does not comply with the requirements of the law, therefore it is impossible for a specialist to further cooperate with such an employer.

These grounds are the most popular when ending a relationship. Most often, the termination of an employment contract is made as a result of a decision on the part of the management or the employee himself. Also, an agreement is often drawn up, on the basis of which the contract is voluntarily terminated.

How is the agreement terminated by the employee?

Often the initiator is the hired specialist himself. He may have different reasons for doing so. Termination of an employment contract at the initiative of an employee is called differently voluntarily dismissal. However, certain conditions must be met, which include:

• the person can no longer continue cooperation, for example, he retires, the working conditions of the enterprise change, a relocation or long-term treatment is planned;
• the employer violates the legislation in the field of employment or the direct clauses of the employment contract itself.

In the presence of such grounds, each person can terminate relations with the firm. Termination of the employment contract by the employee requires the preparation of a special application, which is transmitted to the management of the company. It requires you to indicate the reasons for leaving work, as well as a petition on the basis of which the contract will be terminated. At the same time, a mandatory working off is assigned, after which the specialist receives the funds allotted to him and the work book with the changes made.

The nuances of termination of relations by the employer

Even the management of a particular company can act as an initiator. This procedure may be associated with different reasons and they must be justified. Termination of an employment contract at the initiative of the employer may be carried out under the following conditions:

• closure of a company or individual entrepreneur;
• carrying out the reduction procedure at the enterprise;
• the employee does not have the necessary knowledge, skills or experience to cope with the work assigned to him;
• the owner of the property used in the course of the company's work has changed;
• the employee does not fulfill his labor duties specified in the agreement, and such cases are repeated, but they must be recorded by bringing the employee to disciplinary responsibility;
• violation of work rules by a citizen, which is represented by absence from work during the entire work shift without good reason, appearing at work in a state of intoxication or disclosure of confidential work information;
• theft of property or valuables belonging to the company;
• committing immoral acts against other employees of the company.

The above reasons are considered the most popular. Termination of the employment contract by the employer is considered sufficient complex process. It must be carried out on the basis of numerous conditions, otherwise an employee dismissed in violation of the Labor Code may go to court to recover a fine and non-pecuniary damage.

How is a relationship terminated by an employee?

If the citizen himself, represented by a hired specialist, decides on the need for dismissal, he must know what actions he takes to do this. Termination of the employment contract at the initiative of the employee occurs in successive actions. For this, the following steps are implemented:

• initially, a special application is formed, which indicates the need for the dismissal of a citizen;
• the names of the parties, the reasons why the citizen does not want to continue working in the company must be written in the document, and there must also be a main text containing different facts depending on the situation;
• at the end of such an application, the signature of the applicant must be put;
• if the reason is related to the disruption of the work of the company itself, then it is advisable to leave a link to the legal act, the requirements of which are violated by the management;
• enter the date of the application;
• the document is transferred to the immediate head of the organization or to the personnel department;
• necessarily the employees of the company or the director must accept this application;
• over the next 14 days, the employee continues to cope with his duties, and all days are paid in the usual way;
• on the last day, he is given a work book and other documents transferred to the management of the company in the process of employment.

Quite often, the termination of an employment contract is carried out in this way. A sample application for an employee is considered simple, and the document may differ significantly depending on the reason for the dismissal and the place of work of the specialist.

Is it possible to withdraw an application?

During the working off, which lasts 14 days, the employee can withdraw the application, while the manager cannot refuse him. An exception will be the situation if another specialist with the prerogative for employment is already hired.

Some citizens even after 14 days can change their mind. These include military personnel, and they should be offered the same place as before.

How do employer relationships end?

Quite often, the director of the company himself decides on the need to dismiss an employee. Termination of an employment contract at the initiative of the employer is considered a specific process, since the rights of employees and the norms of the Labor Code must be taken into account.

Before committing to a process, it is important to make sure that a person can be fired, and also to check whether the work process will worsen and whether labor productivity will decrease.

The procedure is divided into stages:

• the management of the company makes the appropriate decision;
• the employee is given a notice of termination of the employment contract, presented in the form of an order;
• the document indicates the name of the citizen being dismissed, as well as the reason why the employment relationship is required to be terminated;
• the date of acceptance of the notification is prescribed, and it must be provided to the employee 2 months before the termination of the contract, which allows him to find another job;
• during this time, the work process takes place in the usual mode;
• on the last day, the workbook and other documents are handed over to the citizen.

If the employee does not agree with such a decision, then he can file a lawsuit. Often violations are due to the fact that the notice of termination of the employment contract is not created or is provided late. There may also be other disorders. If they are identified, the court may recognize such a procedure as invalid.

The nuances of drawing up an agreement of the parties

Often, even both parties come to the conclusion that it is required to end the relationship. There are no contradictions and disagreements between them, therefore, a special agreement is formed on the termination of the employment contract by mutual agreement.

This process is formalized in writing, and often requires the assurance of the head of the personnel department.

Pros and cons of using an agreement

It has many advantages, since the worker receives the required compensation, and the manager does not get involved in litigation or complaints to the labor inspectorate.

When drawing up a document, it is not required to indicate the reason why the relationship is terminated. Termination of the employment contract by terminating the parties allows the employee to receive high payments from the labor exchange if he becomes registered after leaving the company. It is allowed to terminate the relationship even before the end of the trial period. An extra month is added to the employee's length of service.

Termination of an employment contract by termination of the parties is allowed if the employee is on sick leave or on vacation, and is also absent from work for other serious and valid reasons.

But there are also some disadvantages, which lie in the fact that the activities of the employer under such conditions are not controlled by the trade union. Therefore, a situation may arise when such a decision is recognized as doubtful or illegal.

How is a fixed term contract terminated?

Often, for the registration of a specialist, fixed-term contracts are used, which clearly indicate the period of time during which it is required to perform labor duties as a hired citizen. Usually this period does not exceed 5 years.

Termination of a fixed-term employment contract must be carried out in correct sequence actions and taking into account some significant factors. This takes into account the conditions specified in the document. If it is indicated that it is valid for only two years, then after this time the relationship is terminated, and in advance the head of the company must warn the specialist about this. This process is carried out three days before the appointed date.

If a document is drawn up for the performance of some work, then the relationship ends after the completion of these works. In this case, all the conditions of the document must be met.

Also, such a contract is often required to replace another specialist, so it ceases to be valid when the former employee returns.

Termination of a fixed-term employment contract usually occurs automatically, for which the appropriate terms are prescribed in the document in advance. It is also possible to prematurely terminate the relationship by either party for various reasons.

In case of violations, citizens can file a lawsuit in court.

Thus, the procedure for terminating an employment contract is considered a specific process. For it to be legal and correct, each party must take into account numerous requirements and rules. The initiator can be both the employee and the head of the organization. Often an agreement is drawn up to terminate the employment contract, which allows each party to take advantage of many advantages. In case of violations by the employer, hired specialists can go to court to challenge the contract or dismissal.

Labor Code provides for a number of grounds for termination of an employment contract, which are referred to in article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article, we will look at exactly how the termination of an employment contract can occur.

General order

According to the Labor Code, when terminating an employment contract, an order or instruction from the employer must be issued, with which the employee must be familiarized by signature. If the employee refuses to sign the document, a corresponding entry is made on the order. A copy of the order or order, at the request of the employee, can be issued to him in his hands.

In any case, the day of termination of the employment contract is the last working day of the employee (with the exception of cases when the employee did not actually work, but his job was retained).

The employer is obliged to make an entry in the work book in full accordance with the Labor Code. This means that the wording must necessarily indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to give the employee a work book and full payment. If the employee did not appear for the documents, a notification should be sent to him about the need to receive a work book. If an employee who has not received a book on time requests that it be given to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal is significantly different from dismissal of one's own free will. For example, if an employee, after being fired, registers as unemployed, the allowance will be determined for him not on the basis of the minimum wage, as for the one who was dismissed of his own free will, but on the basis of the official salary at the last place of work.

An agreement on termination of an employment contract is concluded in writing and, in fact, is additional agreement attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by a human resources inspector or other authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of the employment contract, or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee works under a fixed-term employment contract, then three days before the deadline for its expiration - the actual dismissal - the employer must notify the employee in writing. This means that the employee must be given or mailed a notice of termination of the employment contract. A fixed term contract can be:

• to perform the duties of a temporarily absent employee (such an agreement must be terminated simultaneously with the release of this employee to his place of work);
• for the duration of a certain work (such an agreement is terminated upon completion of the work specified in it);
• contract for the performance of seasonal work (such an contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such an agreement is extended until she has the right to maternity leave.

If an employee working under a fixed-term contract wants to quit of his own free will, then he must submit an application addressed to the manager (that is, notify him) three days before the date of dismissal.

Termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than a dismissal of one's own free will. The employee has the right to apply for resignation of his own free will at any time, at least two weeks before the date of dismissal, and the head of the organization - one month before. The reason for such dismissal may be any personal circumstances. But if the employee quits due to:

• with admission to an educational institution;
• retirement;
• moving to another area;
• due to violations of labor laws by the employer;
• he has the right to be fired without work.

During the working time, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless quits, then on the last working day the employer is obliged to pay the employee in full, paying him the due wages, compensations, vacation pay, and also to issue all required documents and workbook.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer did not calculate it in the right time and has not issued documents, is considered to continue working, and his application for dismissal is recognized as invalid.

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like the employee, has the right to terminate the employment contract on his own initiative. Grounds for termination may be general or additional. The general ones apply to all employment contracts, and the additional ones apply to employment contracts for certain categories of employees. Termination of an employment contract on general grounds can occur in several cases:

• upon liquidation of the enterprise;
• when reducing the staff or number of employees;
• due to the inconsistency of the employee with the position held (due to low qualification, which is confirmed by attestation documents, for health reasons - confirmed by a medical report);
• due to a gross single violation of labor duties by an employee (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
• due to repeated non-fulfillment of labor duties (if the employee already has disciplinary sanctions);
• committing theft, embezzlement, deliberate destruction and damage to property;
• violations of labor protection requirements that caused an accident, accident, catastrophe or created a real threat to them;
• for committing immoral acts (for teachers);
• in case of loss of confidence (for financial workers);
• for making unreasonable decisions that led to the misuse of property (for managers, deputy heads, chief accountants);
• for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that the appearance at work in a state of intoxication must be recorded by an act confirming the presence of the employee at the workplace, and a medical report.

An employer cannot dismiss an employee who is on sick leave or vacation (an exception is the liquidation of an enterprise).

If the employer is individual entrepreneur, then upon termination of his activity, he may terminate the employment contracts with his employees. In this case, the basis for terminating the employment contract will be an extract from the USRIP.

Additional grounds for terminating an employment contract

Termination of the employment contract by the employer is also possible on additional grounds, which are stipulated in other regulations. For example, pedagogical workers can be fired for using inappropriate methods of education (these include physical or psychological violence) or violating the Charter of an educational institution (FZ “On Education”), and civil servants for disclosing information constituting a state secret or occupation entrepreneurial activity(FZ "On public service").

With whom it is impossible to terminate the employment contract at the initiative of the employer?

• pregnant women;
• women who have children under three years of age;
• single mothers who have children under the age of 14 or have a disabled child under 18;
• other persons who are raising children without a mother.

Dismissal in the order of transfer

Such a dismissal can only be made if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this may be a letter of guarantee or a signed application for employment). When it comes to being elected to any elective office, then the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such a dismissal is possible if there has been a change in the ownership of the organization's property, a reorganization or a change in the jurisdiction of the institution. In this case, the employee simply submits a letter of resignation. This rule does not apply to the chief accountant, head and his deputy. An employment contract with them can be terminated at the initiative of the new owner of the organization's property within three months after the property rights arise for him.

Dismissal of an employee due to a change in essential working conditions

In practice, situations often arise when, with a change in organizational or technological working conditions, there is a change in the terms of the employment contract, but without a fundamental change labor function. The employee must be notified of such changes in writing two months prior to their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work in the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions can lead to mass layoffs. In these cases, part-time work is possible, which can be introduced in agreement with the trade union for up to six months. If the employee refuses to work in the new conditions, then the termination of the contract occurs in accordance with Article 81 of the Labor Code of the Russian Federation.

Dismissal for health reasons

The employee has the right to apply for other work in accordance with his state of health, which must be confirmed by medical documents. But if the organization does not have a suitable job or the employee refuses to transfer, then the termination of the employment contract occurs in accordance with article 77, clause 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee's statement about his transfer to another job and documents confirming the absence of a suitable job (or the employee's refusal to transfer to a specific job).

Termination of the employment contract in connection with the relocation of the employer to another locality

It happens that the owner of the enterprise transfers production to another area. In this case, the employer is obliged to notify the employees in writing about the transfer of production, and upon receipt of a refusal to transfer together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for terminating an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

• conscription;
• reinstatement of the former employee (by court order or decision of the labor inspectorate);
• the inability to transfer to another job at the request of the employee;
• non-election to office;
• recognition of an employee as disabled according to medical documents;
• condemnation of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
• the death of an employee or his unknown absence;
• emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by the decision of the Government of the Russian Federation.

The procedure for terminating an employment contract in this case requires the provision of documentary evidence of the occurrence of circumstances, and then, on the basis of the documents submitted (summon from the military registration and enlistment office, death certificate, court decision, medical report, etc.), an order is issued to terminate the employment contract.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes the labor inspectorate reveals violations that were made when concluding an employment contract. Such contracts must be terminated by law. The reasons can be very different, for example:

• the contract was concluded with an employee who, by a court decision, is prohibited from holding this position or performing specific work (in this case, the employee must first be offered another job in writing, and if he refuses, terminate the employment contract with him);
• the contract was concluded for the performance of work that is contraindicated for the employee for health reasons (there must be a medical certificate);
• the contract was concluded with an employee without specialized education (if, in accordance with regulatory enactments, the position or type of work performed by the employee requires special education of a certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee a severance pay in the amount of average earnings. The exception is the situation when the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (provision of false documents).

Peculiarities of termination of an employment contract with foreign citizens

If the employer cooperated with foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

The general procedure for processing the termination of an employment contract is regulated. This article describes the algorithm of actions that must be followed.

The termination of the employment contract is formalized by the order (instruction) of the employer. Commonly used unified form which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

By general rules The day of termination of the employment contract is always the last day of the employee's work, except in cases where the employee did not actually work, but the place of work was retained for him.

On the day of termination of the employment contract, the employer must:

• issue a work book to the employee (if the employee is not at work on the day of dismissal, then a notification is sent to him about the need to pick up the work book or agree to send it by mail);
• make a calculation with him in accordance with;
• at the written request of the employee, issue certified copies of documents related to work.

An entry in the work book on the basis and reason for the termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR professionals as to which wording to use: “employee fired”, “employment contract terminated” or “employment contract terminated”? The Labor Code does not give an unambiguous answer to this question, so employers often choose the wording at their discretion.

Grounds for dismissal of an employee

1. Dismissal during probationary period

The establishment of a probationary period for employment is regulated by Art. 70 TK. It provides a list of employees who are not subject to a probationary period:

• persons elected on the basis of a competition for the corresponding position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing norms labor law;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;
• persons elected to an elective position for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months;
• other persons in cases provided for by the Labor Code, other federal laws, collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of a new employee using memoranda, acts. When the trial period ends and the employer evaluates the results of the newcomer unsatisfactorily, he must document the validity of his decision.

The employer can terminate the employment contract before the expiration of the test period with an unsatisfactory result, but he will need to notify the employee in writing (in the notification format) no later than three days, indicating the reasons that served as the basis for such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If the employee refuses to sign the notification, an appropriate act is drawn up, which records the fact that the employee has read the notification and refuses to sign it. Based on the notification, an order T-8 is issued to terminate the employment contract. If the employee refuses to sign the order, then at the bottom of the order the personnel officer makes an inscription by hand that the employee was familiarized with the order, but refused to sign, or an appropriate act is drawn up. In any case, it is important to record the fact that the employee is familiar with the order.

Terminate the employment contract at will probationary period maybe an employee. To do this, he needs to submit an application, while he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 of the Labor Code, will be three calendar days. The dismissal itself is made on the basis (termination of the employment contract at the initiative of the employee).

2. Voluntary dismissal

Which article of the TC to focus on:.

The employee has the right to terminate the employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement of the parties, this period may be reduced.

In cases where the dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds for when such an option is possible: enrollment in educational institution, retirement, established violation of labor laws by the employer, etc. The practice of labor relations shows that there are many more reasons to reduce the notice period. For example, an illness that prevents the continuation of this work, if there is an appropriate medical certificate; moving to another area ().

The list of good reasons-reasons for dismissal on the day of application can be fixed in the rules of the internal work schedule organization or collective agreement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract. For example, in Art. 64 of the Labor Code states that it is forbidden to refuse to conclude an employment contract for employees invited in writing to work in the order of transfer from another employer.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must:

• issue a work book to the employee;
• issue other documents related to work, at the written request of the employee;
• make a settlement with him.

How to draw up documents?

When an employee has the right to reduce the notice period, he writes the date of dismissal, which is mandatory for the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to a benefit, but asks to be fired earlier. For example, he writes a statement on May 15, and asks to be fired on May 19. In this case, the employer may act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires a two-week notice and asks for a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the issuance of the book, so that the employee immediately signs in the book of accounting for the movement of work books).

3. Dismissal by agreement of the parties

Which article of the TC to focus on:.

The basis for dismissal "by agreement of the parties" was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: "The employment contract can be terminated at any time by agreement of the parties to the employment contract." No matter how such a basis for dismissal is perceived, it is necessary to proceed first of all from the fact that the word “agreement” itself indicates a peaceful basis for termination of employment relations.

Despite the fact that the agreement is not provided for by the Labor Code, this is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to the expiration of the employment contract

Which article of the TC to focus on:.

The grounds on which a fixed-term employment contract is concluded are spelled out in. Most often - for the duration of the performance of the duties of an absent employee, for whom the place of work is retained.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a certain date, which is prescribed in the contract itself. Three days before this date, the employer is obliged to notify the employee of the expiration of the period by means of a notice.

Sometimes it is impossible to determine the expiration date of the employment contract in advance, in which case the contract does not indicate the expiration date, but the condition. In this case, it is not necessary to notify the termination of the employment contract, since the very fact that the main employee enters work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code spells out how to issue a disciplinary sanction. The algorithm of actions of the employer in this case is quite clear. First of all, upon discovery disciplinary violation an act is drawn up in which the fact of violation is recorded, all the circumstances under which it was discovered, date, witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two business days). The employee's failure to provide an explanation is not an obstacle to the application disciplinary action. In the presence or absence of an explanation, the employer makes a decision based on his assessment of the employee's actions.

The deadlines for applying the penalty must be taken into account - no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

A memorandum is sent to the name of the director (the person who can make decisions on this issue) disciplinary offense. And the employee is given a notice against signature with the requirement to provide a written explanatory note. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action will be taken. With “soft” variants of violations, the employee is first reprimanded. At the same time, the order on the application of a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to deal with a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until the fact of violation of labor legislation is established.

The registration of such a situation begins with the preparation of an act for each working day stating that a person is absent from work for an unknown reason (the first act indicates the time of absence “from ... to”, and the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of a long absence - as of the day the next time sheet was submitted.

Letters are sent to the employee with a request to give an explanation of the reasons for the absence (must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may recognize the missing employee as missing through the court. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6, part 1, art. 83 of the Labor Code of the Russian Federation.

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