Grounds for termination of an employment contract on initiative. Reasons for termination of an employment contract

LABOR CODE REQUIREMENTS

The main points of labor relations are:

1. Freedom of choice of activity.

2. Assistance in employment.

3. Protection against unemployment.

4. Ensuring fair conditions at work.

5. Timely payment of funds.

6. Ensuring equal rights for employees.

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

8. Social partnership.

Documentation

1. Passport or other document to identify the applicant.

2. Work record book. It is not required to be presented in the following cases:

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

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

if the employee takes part-time work.

After termination of the employment relationship, a 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 those liable for military service and persons subject to conscription.

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

Features of making entries in the employee’s work book.

5. Document on education (diploma, an assessment sheet may be required). Required to confirm the qualifications of the applicant and his education corresponding to the position for which he is applying.

For some professions, such as truck crane operator, slinger, excavator operator, etc., it is also necessary to have a certificate of completion of training in the relevant profession, confirming his qualifications. Such employees must undergo re-certification annually (most often in the employing organization), for which a corresponding mark is placed on the certificate.

Drivers (as well as operators of truck cranes and excavators) are required to have a driver's license to drive the type of transport on which they will work.

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

Conditions of employment, nature of work:

· main job, full-time;

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

· to replace a temporarily absent employee;

· on an internal part-time basis with payment in proportion to the time worked;

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

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

Reasons for termination of an employment contract

Let's consider the main reasons for this desire of the boss or leader. They are expressly stated 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 complaints against an employee, in addition, failure by him to fulfill his direct duties without good reason;
gross violation of work obligations.

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

1) agreement of the parties (Article 78);

2) expiration of the employment contract (clause 2 of Article 58), except for cases where the employment relationship actually continues and neither party has demanded its termination;

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

4) termination of an 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 an elective job (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 working due to a change in the essential terms of the employment contract (Article 73);

8) the employee’s refusal to transfer to another job due to health conditions in accordance with a medical report (part two of Article 72);

9) the employee’s refusal to transfer due to the employer’s relocation to another location (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. Wages (employee remuneration) - remuneration for work depending on the employee’s qualifications, 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) is monetary compensation (other types of compensation are practically unknown) that an employee receives in exchange for his work.

Nominal - the amount of money in a nominal amount that an employee receives in the form of remuneration for work.

Nominal wages include:

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

payment based on piece rates, tariff rates, salaries, bonuses for piece workers and time workers;

additional payments in connection with deviations from normal working conditions, for work at night, for overtime work, for crew leadership, payment for downtime not caused by workers, etc.

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

6. Shortened working hours are established for:

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

certain groups of workers in connection with the characteristics of their work (workers with difficult and harmful working conditions, doctors, teachers, teachers of educational institutions, etc., see Articles 44 - 45 of the Labor Code of the Russian Federation);

on-the-job training;

women working in rural areas;

disabled people of groups I and II;

teachers, lecturers 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 reduced working hours;

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

workers specially hired to perform work at night;

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

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

Associations are created for the purpose of representing and protecting the rights of workers in labor relations, as well as the socio-economic interests of members of the organization, with the possibility of wider representation of employees.

The working hours of teenagers are strictly limited:

For workers under 16 years of age - no more than 24 hours a week;

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

As for wages, under a time-based system they must be paid taking into account the reduced working hours. But you can pay an employee extra from your own funds up to the salary level of those who work full time. Piecework payment is calculated depending on output and can also be increased through 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); attract them to work at night, on weekends and holidays (Article 268 of the Labor Code of the Russian Federation); send them on 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); conclude agreements with them on full financial liability (Article 244 of the Labor Code of the Russian Federation).

If a teenager caused material damage to a company, can he be held liable and to what extent?

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 the employee leaving the company. By understanding even the basics of labor law and knowing the procedure for dismissal, an employee will be able to make the process of parting with the organization as easy as possible, as well as protect himself from unfair actions of the employer. Modern labor law protects workers' rights very well, so it is extremely important for workers to find opportunities 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 the employee and his employer. If any reason for dismissal is acceptable for an employee, ranging from the objective impossibility of continuing to work and ending with a banal reluctance to work in a specific company in a specific position, then the employer must approach the issue of dismissal more carefully and justify his desire to part with the employee documented and very carefully. The law protects the rights of working citizens, so it is not enough for an employer to just want to get rid of an unwanted employee. Unlawful dismissal or violation of a worker's rights during the dismissal process may result in lawsuits and proceedings.

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

agreement of the parties (Article 78 of the Code);
expiration of the employment contract (Article 79 of the Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;
termination of an employment contract at the initiative of the employee (Article 80 of the Code);
termination of an 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 an elective job (position);
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 of the Code);
the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Code);
the employee’s refusal to transfer to another job, required for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of the Code);
the employee’s refusal to be transferred to work in another location 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 a contract (see Chapter 13 of the Labor Code of the Russian Federation).

Video: grounds for termination of an employment contract

Guarantees for an employee upon termination of an employment contract

The guarantees and compensation 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. By guarantees we mean a set of opportunities for the implementation of labor rights available to an employee. Compensation refers to financial payments that are designed to reimburse an employee for the costs caused by his employment 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 resigning employee to receive severance pay. In case of layoffs due to the liquidation of a company or staff reduction, 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 obliged to pay severance pay equal to two weeks' average earnings when the contract is terminated under the following circumstances:

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

The amount of severance compensation and cases of their payment can be adjusted directly in the contract concluded with the employee. In addition to benefits, if provided, the dismissed person has the right to receive full 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 staff reduction and states that the greatest chances of retaining their jobs are guaranteed to the most qualified specialists who ensure maximum productivity. Under other identical circumstances, preference is given to:

family workers who care for at least two dependents;
employees who provide the only source of income in the family;
employees who received an occupational disease or injury while working for the company;
WWII veterans and disabled combat veterans;
employees who improve their skills in the employer’s profile without interrupting their work activities.

The collective agreement often designates other groups of people who benefit from dismissal due to staff reduction.

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

notify the employee personally and against signature no later than two months in advance about upcoming changes;
offer the dismissed employee an alternative position that corresponds to the professional competencies of the laid-off employee.

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

There is no standardized form for compiling a notification

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

hand over personally against signature;
if the employee is absent from work, send a notification by registered mail with a list of the contents and return receipt requested.

Many experts recommend using the second option, since it allows you to obtain documented confirmation of the fact that you received a message about the termination of the contract. If an employee refuses to receive a notice, it is necessary to draw up a document recording this.

The notice period for an employee may vary depending on the reasons leading to dismissal. Thus, when reducing staff, it is necessary to give notice to employees at least two months before the date of separation, and dismissal for misconduct or absenteeism can be done even 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 drawing up an order to terminate a contract. Nevertheless, there is a standardized T8 order form that many companies prefer to use, since this form is easily accessible in various accounting and personnel document management programs. The order must reflect the following information:

Company name;
registration number and date of publication 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 paragraph and article of the Labor Code of the Russian Federation corresponding to this ground;
signature of the director of the enterprise.

The order is dated the employee’s final day of work. The illustration below shows a template of an order filled out in the T8 form.

The dismissal order can be drawn up using other templates

It is not necessary to certify the document with the organization's seal. However, it is imperative to familiarize the dismissed specialist with the order. After reviewing the document, the person resigning must leave his signature on it as a sign of 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 familiarize himself with the document), the HR specialist makes a note about this on the document. The person resigning has the right to request a certified duplicate of the order regarding his or her dismissal.

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

Work book upon dismissal

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

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

The newly completed employment page is certified by the company seal, the signature of the person leaving, as well as the signature of the specialist responsible for completing the record, or the signature of the head of the company. The following is an example of making an entry in a work record.

All entries in the labor record must be made in strict accordance with legal requirements.

Upon written request of the employee, he is also provided with the following documents:

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);
a certificate in form 2-NDFL with information about the employee’s income from the beginning of the year until the moment of dismissal.

Upon dismissal, the following documents must also be issued:

section 3 “Personalized information about insured persons” of the calculation of insurance premiums (Appendix No. 1 to the Order of the Federal Tax Service of October 10, 2016 N ММВ-7–11/551@) with 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 dated 01.02.2016 N 83p) for the month of dismissal of the employee, containing information only about him;
form SZV-STAZH.

An employee who leaves the company for the purpose of retirement, upon request, also receives information about his work experience in the form of a copy of the SPV-2 form sent to the pension fund.

The employee's employment certificate is supposed to be handed out to the person resigning on his/her final working day. If the employee does not show up at the workplace on this day, the personnel service has the right to send him a notice to his home address asking him to appear to receive a work permit. From the day this notice is sent, the employer ceases to be responsible for the delay in issuing the work permit. Similarly, with the permission of the person who resigned, personnel officers can send him a work book via postal or courier service.

If the work book is not handed over to the person resigning on the final working day due to the fault of the employer, the latter will bear financial responsibility. The law obliges the employer to pay the employee the earnings not received due to his deprivation of the opportunity to work (see Article 234 of the Labor Code of the Russian Federation).

Final payment upon dismissal

Upon separation from the company, the employee is entitled to the following payments:

salaries for days worked before leaving;
compensation for days of vacation not taken;
severance pay (if provided for by agreement of the parties or employment contract).

Funds accrued for the performance of labor duties 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.

Upon separation by agreement of the parties, 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 in the Far North) the average monthly salary of the employee (see Letter of the Ministry of Finance of Russia dated February 13, 2015 No. 03–04– 06/6531). A similar situation is true for the payment of severance pay to employees resigning for other reasons (see paragraphs 1, 6, 8, paragraph 3, Article 217 of the Tax Code of the Russian Federation). In these cases, there is also no need to pay insurance premiums.

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 of labor and its payment T-61 for drawing up a note-calculation was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1, but the law does not require its mandatory use. Many companies choose to use this form as a template for creating their own document form that needs to be drawn up in similar situations.

Responsibility for drawing up the calculation note lies on the shoulders of the HR employee, but the direct calculations for payments are carried out by the accountant. Form NoT-61 provides a calculation of average monthly earnings for payment of compensation for unused vacation or deduction for vacation used in advance. The columns of this document are filled out as follows:

in column 3 “Payments taken into account when calculating average earnings, rubles.” the total amount of payments accrued to the employee for the billing period is displayed in accordance with the rules for calculating average earnings;
columns 4 and 5 display the number of calendar (working) days and hours per hour 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 summarized recording of working time is assigned;

A HR specialist is responsible for compiling this form, but all calculations are performed by an accountant

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

Termination of an employment contract with certain categories of citizens has some features. So, for example, an employer does not have the legal opportunity to fire an employee who is pregnant on his own initiative, unless we are talking about the liquidation of an individual entrepreneur or an enterprise. At the same time, an employee expecting a child has the right to resign at her own request without working off. If it is revealed that the dismissal of a 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 government service that oversees the employment of minors and protects their labor rights. 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.

The author had the opportunity to observe from personal experience how Russian legislation protects the labor rights of certain categories of citizens. One of the author’s colleagues, while expecting a child, succumbed to threats and pressure from her employer and, being in a difficult emotional state and wanting to safely carry the pregnancy to term, wrote a letter of resignation of her own free will. After some time, the girl turned for advice to a lawyer she knew, who explained to her the illegality of the employer’s actions, and also helped her draw up a statement of claim in court and contact the labor inspectorate. After legal proceedings, the pregnant employee was reinstated in her position with payment of wages for the period that she was involuntarily unemployed.

Video: criminal liability for dismissal of pregnant women

Labor law carefully regulates issues of dismissal. If an employee can quite easily part with the company of his own free will, then the employer will have to work hard to get rid of the unwanted employee. Knowing even the basic principles by which the dismissal process is organized will help the employee prevent abuse by the employer, resign from the company with the receipt of all due financial payments, and, if such a need arises, defend their rights by filing a lawsuit against the employing company.

The relationship between the employer and employees must be formalized, for which an employment contract is used. It must be drawn up in the correct form and contain a lot of important information. It can only be terminated if there are compelling reasons. The initiator can be either an employer or an employee. Therefore, you should understand how termination of an employment contract occurs, how this process is formalized, and also how business owners can avoid various negative consequences.

General provisions

Dismissal is represented by the termination of an employment contract or other contracts drawn up between a business representative and a hired specialist. Each party performs certain actions aimed at ending the relationship. The nuances of the process include:

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

Proper termination of an employment contract guarantees no problems with the labor inspectorate or court for a business representative.

Contract concept

An employment contract is a bilateral agreement drawn up and signed by the employer and employees. Based on it, the hired specialist occupies a specific position. He is assigned certain job responsibilities that must be performed promptly and correctly.

This document regulates the relations arising between the two parties.

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

Reasons for termination of the contract

There are various grounds for terminating an employment contract. They can be available to both the employee and the business owner. If the initiator is the employer, then he cannot deprive the specialist of his job without reason. Therefore, they must take into account different nuances and requirements.

There are several reasons:

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 the hired specialist cannot cope with his duties, regularly violates labor discipline, or there are other compelling reasons;
dismissal of an employee at his own request, for example, he may not be satisfied with the working conditions, he may find another job, or he needs to move to another city altogether;
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 renew the contract on the part of management or the specialist himself, which is usually associated with the introduction of fundamental changes in working conditions;
you have to end the relationship due to circumstances that are beyond the control of the two parties;
the contract does not comply with legal requirements, so it is impossible for the specialist to further cooperate with such an employer.

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

How does an employee terminate an agreement?

Often the initiator is the hired specialist himself. He may have various reasons for this. Termination of an employment contract at the initiative of an employee is also called voluntary dismissal. However, certain conditions must be met, which include:

the person cannot continue cooperation, for example, he retires, the working conditions of the enterprise change, a move is planned or long-term treatment is planned;
the employer violates employment legislation or the immediate provisions of the employment contract itself.

If there are such grounds, each person can terminate relations with the company. Termination of an employment contract by an employee requires the preparation of a special application, which is submitted to the management of the company. It requires you to indicate the reasons for leaving work, and also states a petition on the basis of which the contract will be terminated. In this case, a mandatory work assignment is assigned, after which the specialist receives the funds due to him and a work book with the changes made.

The nuances of termination of relations by the employer

The initiator can even be the management of a particular company. Such a procedure may be associated with various reasons, and they must be justified. Termination of an employment contract at the initiative of the employer can be carried out if the following conditions are met:

closure of a company or individual entrepreneur;
carrying out the reduction procedure at the enterprise;
the employee lacks the necessary knowledge, skills or experience to cope with the work assigned to him;
the owner of the property used in the operation of the company has changed;
the employee does not fulfill his job duties specified in the agreement, and such cases are repeated, but they must be recorded by bringing the employee to disciplinary liability;
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 disclosing 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 an employment contract by an employer is considered a rather complex process. It must be fulfilled 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 moral damages.

How does an employee terminate a relationship?

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

Initially, a special application is formed, which indicates the need to dismiss the citizen;
The names of the parties, the reasons why the citizen does not want to continue working in the company must be written down 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 placed;
if the reason is related to a disruption in the work of the company itself, then it is advisable to leave a reference to the legal act, the requirements of which are violated by the management;
the date of the application is entered;
the document is transferred to the immediate manager of the organization or to the human resources department;
the company's employees or director must accept this application;
over the next 14 days the employee continues to cope with his duties, and all days are paid as usual;
on the last day, he is given a work book and other documents handed over to the company’s management during the employment process.

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

Is it possible to withdraw an application?

During the work period, which lasts 14 days, the employee can withdraw the application, and the manager cannot refuse him. An exception would be the situation if another specialist with prerogative for employment is already hired.

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

How does the employer terminate the relationship?

Quite often, the director of the company himself decides on the need to fire 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 carrying out the process, it is important to make sure that the person can be fired, and you also need to check whether the work process will deteriorate and whether labor productivity will decrease.

The procedure is divided into stages:

the company's management 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 dismissed citizen, as well as the reason why the employment relationship is to be terminated;
the date of acceptance of the notice is specified, and it must be provided to the employee 2 months before termination of the contract, which allows him to find another job;
during this time, the work process occurs as usual;
on the last day, the citizen’s work book and other documents are handed over to him.

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

Nuances of drawing up an agreement between the parties

Often even both parties come to the conclusion that it is necessary to end the relationship. There are no contradictions or disagreements between them, therefore a special agreement is drawn up to terminate the employment contract by mutual consent.

This process is documented in writing, and often requires the approval of the head of the HR department.

Pros and cons of using an agreement

Termination of an employment contract by agreement of the parties has many advantages, since the worker receives the required compensation, and the manager does not have to deal with legal proceedings or complaints to the labor inspectorate.

When drawing up the document, it is not necessary to indicate the reason why the relationship is terminated. Termination of an employment contract by termination of the parties allows the employee to receive high payments from the labor exchange if he is registered after leaving the company. It is allowed to end the relationship even before the end of the probationary 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, or is absent from work for other serious and compelling reasons.

But there are also some disadvantages, which are that the employer’s activities under such conditions are not controlled by the trade union. Therefore, a situation may arise when such a decision is considered questionable or unlawful.

How is a fixed-term contract terminated?

Often, to register a specialist, fixed-term contracts are used, which clearly indicate the period of time during which the employee is required to perform labor duties. Typically this period does not exceed 5 years.

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

If a document is drawn up to perform some work, then the relationship ends after the completion of this work. In this case, all 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 previous employee returns.

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

If violations are detected, citizens can file a lawsuit.

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 either an employee or the head of the organization. An agreement to terminate an employment contract is often drawn up, which allows each party to enjoy many benefits. In case of violations by the employer, hired specialists can go to court to challenge the contract or dismissal.

The law regulates in detail the termination of an employment contract at the initiative of the employer. The fact is that it is in this matter that the employee is least protected, and the field of possible abuse for the employer is wider than in any other area of labor relations. Therefore, the intervention of the law in this issue is completely justified.

Dismissal - strictly according to the law

The employer and employee are parties to an employment contract, that is, an agreement between the parties to establish labor relations between them.

The employer’s right to conclude, amend and terminate (or terminate, which is the same thing) employment contracts in the manner and under the conditions established by the Labor Code of the Russian Federation is enshrined in its article. 22.

It corresponds to the same right of the employee (Article 21 of the Labor Code).

This means that the employer cannot arbitrarily dismiss an employee on his own initiative; there must be legal grounds for this. Compliance with the procedure for terminating an employment contract at the initiative of the employer is also a necessary condition for its legality.

Grounds for dismissal

Dismissal for wrongdoing

The fact of theft, embezzlement or intentional destruction must be established by a judicial act (sentence, resolution) that has entered into legal force.

The falsity of the document submitted by the employee must be properly established and recorded (for example, by a special examination).

Conditions for termination of an employment contract at the initiative of the employer

Each group of grounds has its own order and procedure for dismissal, enshrined in law. Failure to comply with them may lead to the employee’s reinstatement at work and administrative liability of the employer under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

But there are also general conditions: an employee dismissed at the initiative of the employer must not be on vacation or on sick leave at this time (except in cases of liquidation of the organization or termination of the activities of an individual entrepreneur).

Dismissal of an employee during such periods is prohibited by Part 6 of Art. 81 Labor Code of the Russian Federation. Neglecting this rule can also be costly for the employer.

All the grounds for termination of an employment contract at the initiative of the employer listed in the article apply to both fixed-term and open-ended contracts. .

To terminate an employment contract at the initiative of an employee, there is no need to draw up unnecessary paperwork or documents, as is done if an employee is fired at the initiative of the employer.

The procedure for such dismissal is simple and clear. But there are some nuances, without taking them into account, the parties to the labor relationship have to meet in court.

The employee’s right to terminate the employment contract is enshrined in paragraph 1 of Art. 77 Labor Code of the Russian Federation. In paragraphs 3 p. 1 art. 77 of the Labor Code of the Russian Federation states that to terminate a contract at the initiative of an employee, a written statement from the latter is sufficient.
It must be submitted 2 weeks (no later than) before the expected date of dismissal.
The 2-week period begins the day after the application is submitted and accepted by the employer. For example, an application was submitted on 07/07, therefore, the 2-week period begins on 07/08, and the employee can resign from 07/21.

If the parties reach an agreement between themselves, the employee can resign the next day after submitting the application. This is stated in paragraph 2 of Art. 80 Labor Code of the Russian Federation.
To do this, it is not necessary to draw up an additional agreement. It is enough to indicate in the resignation letter the date from which the employee must resign. Having examined the application and signed it, the employer agrees with the date indicated by the employee.
If the employer does not agree with the date of dismissal of the employee, then in his resolution on the application he must indicate “dismiss at his own request from .....”

The law does not provide for a maximum period for notifying the employer of impending dismissal. An employee can submit an application one month before the expected date of departure, but only indicating the date of dismissal.

But the employee does not always have to notify the employer exactly 2 weeks before the date of dismissal. There are several reasons when an employee can quit the next day after filing an application, even without receiving the employer’s consent.
These are grounds such as:

enrollment of an employee to study at a university or other institution for full-time and full-time study;
employee retirement;
sending a husband (wife) to work in another area;
conscription for military service;
other reasons that prevent the employee from working for 2 weeks.

If the employer has violated labor law, the employee can also quit without working a 2-week period.
Violations of labor legislation that may lead to the dismissal of employees on their own initiative include:

delay of wages;
refusal to grant leave;
other violations that will be established by inspectors of the state labor inspectorate or officials who have the appropriate authority to do so.

If an employee writes a letter of resignation on his own initiative during the probationary period, then the period of service is reduced from two weeks to three days.

In addition to the probationary period, there are other exceptions to the period of notice to the employer about dismissal:

the head of the organization, as well as his deputy and chief accountant must notify the owner of the property, that is, the employer, about his dismissal at least 1 month in advance;
the athlete or coach must also notify the employer 1 month in advance.

An employer has no right to refuse to accept an employee’s resignation letter. To resign after 2 weeks without legal consequences, you must register it legally. If the employer does not sign it, the employee may not go to work after 2 weeks.