Termination of a labor contract. Legal grounds for termination of an employment contract: different cases

16.10.2019 -

It is known that an employment contract can be terminated by any party, therefore the legislation has provided for a separate procedure for termination employment contract with an employee.

Termination of an employment contract: general procedure

The procedure for terminating an employment contract involves issuing an order to dismiss the employee, to whom he is introduced upon signature. If he refuses to sign, a corresponding mark is placed on the order. The procedure for terminating an employment contract requires providing the employee with a copy of this document. Next, the employer makes a corresponding entry in the work book, which, together with the full payment, is given to the employee on the last day of his work.

Termination of an employment contract by agreement of the parties

The procedure for terminating an employment contract in this case requires the submission of a corresponding application from the employee on the basis of clause 1 of Art. 77 of the Labor Code of the Russian Federation. Next, an agreement is concluded to terminate the employment contract if no one has any complaints, and is signed by the personnel employee.

Termination of a fixed-term employment contract

The employer notifies employees of the end of a fixed-term employment contract three days in advance. But if we're talking about about a pregnant woman, termination of the employment contract in this case is possible only after the end of maternity leave.

Termination of an employment contract at the initiative of an employee

In other words, this is dismissal of one’s own free will, the right to which an employee can exercise at any time, but at least 2 weeks before the actual dismissal (a month if the manager quits). Employees have the right to resign without service on the following grounds:
violation of labor laws by the employer;
moving to another area;
retirement;
with admission to an educational institution.
During the work period, he has the right to withdraw the application.

Termination of an employment contract at the initiative of the employer

An employer may terminate a contract with an employee on general or additional grounds. General grounds apply in the event of: liquidation of an enterprise, reduction of staff, inconsistency of an employee with his position or violation of his labor duties, embezzlement of enterprise property, forgery of documents, etc. All these facts must be documented. However, you cannot fire an employee while he is on sick leave or on vacation. Additional grounds that provide for termination of an employment contract with an employee are enshrined in internal regulations.

Termination of an employment contract with an employee at the initiative of the employer is impossible if the employee is a pregnant woman or a mother with a child under 3 years old, a single mother with a child under 14 years old or a disabled child under 18 years old.

By way of transfer, an employee may be dismissed if there is his application and confirmation from another employer. An employee may also refuse to continue working due to a change in company management.

Termination of a contract at the initiative of an employee

The basis for such a decision may be significant changes in working conditions, for example, organizational or technical. The employee is notified of such changes two months in advance. An employee may also request to be transferred to another job due to deteriorating health. An employee can terminate an employment contract early if the company moves to another location. Reasons beyond the control of the parties may also be grounds for dismissal: conscription for military service, recognition as disabled, reinstatement of a former employee, death or unknown absence of an employee, etc. In this case, the relevant documents serve as the basis for dismissal.

Also, the contract can be terminated if it is declared invalid, that is, signed in violation of labor laws. But if an employer cooperates with a representative of another state within three days, he must notify the employment center, the territorial body of the Federal Migration Service and the territorial tax authority. The procedure for terminating an employment contract with an employee in this case is identical to the above.

An employment contract may be terminated only on the grounds provided for by this Code.

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 37);

2) expiration of the employment contract (clauses 2 and 3 of Article 17), except in cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at one’s own request (Article 40), or at the request of the employee (Article 41), or at the initiative of the employer (Article 42);

4) transfer of the employee, with his consent, to another employer or transfer to an elective position;

5) the employee’s refusal to be transferred to work in another location together with the employer; refusal to continue work in connection with a change in significant working conditions, as well as refusal to continue work in connection with a change of ownership of property and reorganization (merger, accession, division, spin-off, transformation) of the organization;

6) circumstances beyond the control of the parties (Article 44);

7) termination of the employment contract with preliminary testing (Article 29).

15-17. Termination of an employment contract at the initiative of the employer

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, can be terminated by the employer in the following cases:

1) liquidation of an organization, termination of the activities of an individual entrepreneur, reduction in the number or staff of employees;

2) the employee’s incompatibility with the position held or the work performed due to a health condition that prevents the continuation of this work;

3) the employee’s inadequacy for the position held or the work performed due to insufficient qualifications that prevents the continuation of this work;

4) systematic failure by the employee to comply without good reasons responsibilities assigned to him by an employment contract or internal labor regulations, if disciplinary measures have previously been applied to the employee;

5) absenteeism (including absence from work for more than three hours during a working day) without good reason;

6) absence from work for more than four months in a row due to temporary disability (not counting maternity leave), unless the law establishes a longer period for maintaining a job (position) in case of a certain illness. For employees who have lost their ability to work due to a work injury or occupational disease, their place of work (position) is retained until their ability to work is restored or disability is established;

7) appearing at work in a state of alcoholic, narcotic or toxic intoxication, as well as drinking alcoholic beverages, using narcotic drugs or toxic substances in work time or at the place of work;

8) theft of the employer’s property at the place of work, established by a court verdict that has entered into legal force or a resolution of the body whose competence includes the imposition of an administrative penalty;

9) a single gross violation of labor protection rules, resulting in injury or death of other workers.

Article 43. Procedure and conditions for termination of an employment contract at the initiative of the employer

Termination of an employment contract on the grounds specified in paragraphs 1 (except for the liquidation of an organization, termination of the activities of an individual entrepreneur), 2 and 3 of Article 42 of this Code is allowed if it is impossible to transfer the employee, with his consent, to another job (including with retraining ).

It is not allowed to dismiss an employee during a period of temporary incapacity for work (except for dismissal under paragraph 6 of Article 42) and while the employee is on vacation, except in cases of liquidation of the organization or termination of activities individual entrepreneur.

When terminating an employment contract in accordance with paragraph 1 of Article 42 of this Code, the employer is obliged to notify the employee in writing of the upcoming dismissal at least two months before dismissal, unless longer periods are provided for in the collective agreement or agreement. In the event of an upcoming mass layoff of workers, the employer is obliged to notify the state employment service authorities at least two months in advance, indicating the profession, specialty, qualifications and wages of the workers. The criteria for the mass release of workers are determined by the Government of the Republic of Belarus or an authority authorized by it.

The employer has the right, with the consent of the employee, to replace the warning about the upcoming dismissal with payment of compensation in the amount of two months' average earnings. Moreover, if the initiative to reach such an agreement comes from the employer after warning the employee about the upcoming dismissal, compensation is paid in proportion to the time remaining before the end of the two-month warning period.

During the warning period provided for in this article, the employee fulfills his job duties, obeys the internal labor regulations, and is guaranteed conditions and wages on an equal basis with other employees. Before the expiration of the notice period, dismissal of an employee on the specified grounds without his consent is not permitted.

During the warning period provided for in this article, the employee is given one free day per week without pay (by agreement with the employer - with pay) to resolve the issue of self-employment with other employers.

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 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 different 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 you will have to pay significant fines;
if a specialist is dismissed without prior notice or without compelling reasons, he can challenge this action through the court;
When a citizen is dismissed, he must be paid 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 endowed with certain job responsibilities which must be carried out 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:

termination of an 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 for specific 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 dramatic 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 work book with the changes made.

The nuances of termination of relations by the employer

Even the management of a particular company can be the initiator. This procedure may be associated with for 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 generated, 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 link to legal act, the requirements of which are violated by management;
the date of drawing up 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. 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 correct sequence 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.

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. Does not need to be presented in 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 for military service.

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 law, 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 established Labor Code or other federal law rules for concluding an employment contract, 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 due to deviations from normal conditions work, for night work, for overtime work, for crew leadership, payment for downtime not caused by the 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, lecturers educational institutions etc., see Art. 44 - 45 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. Professional 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 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, hazardous 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?

At the initial stage of formalizing an employment relationship, the main thing is to conclude an employment contract. It will be the main document defining the relationship between employer and employee. Labor relations can also be regulated by a civil contract. The difference is that a legal contract is signed for the duration of a temporary service that is performed at a specific time, such as window cleaning, twice a month. Such an agreement does not provide for any social guarantees on the part of the employer where the service is performed. Guarantees are given by the organization where the employee is registered permanent job. Signing an employment contract provides social guarantees in accordance with labor law, which is especially important.

An employment contract is a written document in two copies, which is signed by both parties, the employer and the employee. An employee can be allowed to work without drawing up an employment contract, but by order of the manager, the employment relationship must be formalized within the next three days. In turn, a civil contract can also be converted into an employment contract, by the employer himself or in court.

An employment contract is open-ended if it does not specify the terms of termination of work. However, any contract can be terminated voluntarily or forcibly if there are substantial grounds. Voluntary termination of the relationship between employer and employee occurs if the employee applies for resignation from the workplace of his own free will. The employee must write an application two weeks before leaving work, during which time the employer will select a new employee for this position. If the employee does not change his mind within two weeks, he will receive a payment. They will settle the money with him and give him a work book. At this point, the employment relationship ends and all social guarantees under the contract end.

Termination of an employment contract can only be done with the consent of both parties; termination of the contract by the employer is allowed only if the employee violates the labor regulations of the enterprise. But the employee has the right to appeal each individual case in court. Violation of the law by the employer is not allowed; it can be challenged and the employee must be reinstated in the workplace.

Any employee can declare that he no longer wants to work at this job, the reasons can be completely different: low wages, unsuitable work schedule, distance from work, health and many others. Such reasons are considered objective, and the calculation is made at your own request.

There are reasons why dismissal is also possible:

termination of the employment contract according to the period specified in the contract;
liquidation of an organization, bankruptcy;
lack of proper qualifications, for this purpose certification is carried out;
modernization or optimization of the enterprise;
repeated violation of labor discipline;
the company has changed ownership.

There may be various reasons for termination of an employment contract. One thing is important: the employer must not break the law when dismissing an employee. The employee has many opportunities to be reinstated at work. For example, it is not particularly interesting if an article is included in the employment record, with which it will be difficult to find a job in the future. Many people sue enterprises over the correctness of the article under which they were fired. All corrections in the labor record are carried out only by court decision, by the enterprise’s personnel department.

Grounds for termination of an employment contract

The grounds on which an employment contract can be terminated are specified in Article 77 of the Labor Code of the Russian Federation. The main reason is the termination of the employment relationship with the full consent of the parties. With this action, not only agreement is achieved, but also the calculation time is determined.

Termination of the working relationship may occur as a result of the expiration of the contract period. The contract ceases to be valid if the employer warns the employee at least three days before the end of the contract. If the employer does not notify the employee in writing, the contract automatically becomes unlimited.
There are types of contracts that are drawn up for the working season or during the employee’s absence. In this case, termination of the employment contract is determined by the end of seasonal work or the former employee returning to work (this happens when returning to work from maternity leave). In both cases, the employer is obliged to warn the employee about dismissal.

Termination of the contract at the initiative of the employee

In addition to the joint agreement, the employee can terminate the contract at his own request. But he is obliged to notify the employer about this 14 days before settlement. Another period may be provided by agreement. The head of the enterprise warns the employer one month before dismissal. If a contract with a seasonal employee is terminated, three days' notice must be given.
During the period, the employee may change his mind about leaving work and withdraw his application, unless during this time another employee from another company has been invited in writing, who cannot be refused by law.

Termination of an employment contract is possible if the employee moves to another employer; here the agreement of the parties must be reached. An employee may refuse to work if the owner of the enterprise changes.

Termination of an employment contract is possible for health reasons when the employee cannot work according to medical indications. Termination of work for medical reasons for a period of more than 4 months gives the right to dismiss the employee, and wages are paid for two weeks

Termination of the contract is permitted if the employee refuses to be transferred to a position corresponding to his qualifications or to a lower qualified position, which may be due to health reasons.

Termination at the initiative of the employer

An employer can terminate an employment relationship if its enterprise is liquidated or goes bankrupt. In such a development of events, according to the law, rights and obligations do not pass to other persons. If a branch of an organization is closed, then the termination of contracts is carried out according to the same rules as during the liquidation of an enterprise; the employee is notified two months before dismissal. When reducing staff, the employer is obliged to first offer other vacant positions to employees subject to dismissal. If the employee does not agree or no other job is found, then dismissal is carried out. First of all, employees with higher qualifications and work experience are retained. Certain categories of persons are not subject to dismissal; their list is determined by law.

At the initiative of the employer, an employee who has not passed the qualification examination may be dismissed, but first he must be presented with another job in which he can work.
Termination of an employment contract is possible in case of violations of labor discipline, absenteeism, or if the employee is caught stealing property. Such workers are paid without severance pay, according to the article.

Procedure for terminating an employment contract

Article 84 of the Labor Code of the Russian Federation clearly states the procedure for terminating an employment contract. The first stage is the issuance of an order to terminate the contract, the employee gets acquainted with it against signature. If it is impossible to familiarize the employee or he himself does not want to do this, a note is made in the order. The order is drawn up in two copies, one certified one is given to the employee. The last day at work is the day of termination of the contract. On the last day, the employer returns the work book, calculates wages, and also issues various documents that were related to work activities.

If the employee does not show up for work, then the organization notifies the employee in any way so that he can pick up his work document. From this moment on, the employer is not responsible for the delay in the work book.

Termination of a work contract for an individual entrepreneur is carried out in the same way as at an enterprise. During liquidation, dismissal occurs when the company is removed from the register.

An employment contract can be concluded for a specific period or made indefinite, but each of them can be terminated ahead of schedule, this is permitted by law. In case of early termination of the contract, the employee must notify the head of the enterprise within the period specified by law. For its part, the employer has the right to terminate the contract early; he must also notify the employee of the early termination of the contract some time in advance.

In case of such dismissal, the employer must pay all wages, compensation for vacation and issue a work book. The date of dismissal must be entered correctly in the work book, otherwise it will be considered a violation of the law, and the employee may go to court. If the violation is noted by the court, the employer must correct the entry in the labor record and pay compensation for the incorrectly marked days; the employee may also request compensation for moral damage.

Sending a notice of termination of an employment contract

The law provides for notice of termination of employment on both sides. If an employee wants to leave the company, he must submit an application to the HR department for dismissal, but no less than two weeks before leaving. Co next day After submitting the application, the work period begins; during these days you can withdraw your application and continue working further. The term of service can be reduced only by agreement of the parties, which must be noted in writing, so that later there is no reason to go to court.

If an objective reason arises, for example, the closure of an enterprise, a reduction in staff, a change of owner, then the employer must notify the team about this two months in advance, and the trade union must also know about this. All employees are warned in writing against signature. This is done to ensure that the employee does not sue the company for dismissal without notice. Also, the dismissal order must indicate the justification for the dismissal, and most importantly, the article of the law under which the dismissal took place must be correctly indicated, since payments and possible further employment depend on this.

Terms of termination of an employment contract

The period for terminating an employment contract at one's own request is determined at two weeks. During this time, the employer finds a replacement for the employee. He may invite another employee to work from another enterprise, but the previous one leaves workplace. However, he can withdraw his application and return.

When contracts are terminated due to liquidation, closure, or bankruptcy, the employee is notified two months in advance, and severance pay is paid in the amount of two salaries. For company managers, severance pay is paid at least three salaries. The dismissal order clearly states the date of termination of the contract and also indicates the reason. Everything must be done legally, otherwise there may be a lawsuit.

When terminating a seasonal contract, the employee is notified three days before dismissal. In a fixed-term contract, if there was no notification, then the contract becomes unlimited.

Termination of the contract in court

All labor disputes arising in the relationship between an employee and an employer can be challenged. You can protect your rights in labor commission with the involvement of a trade union, however, termination of an employment contract in court is the most effective method, and bypassing pre-trial proceedings. The most frequent appeal to court occurs when dismissal is interpreted incorrectly. Many organizations, saving on payments, offer fraudulently and allow the employee to sign documents for dismissal of his own free will, and not due to staff reduction. In case of voluntary dismissal, severance pay is not paid, but in case of layoff pay is paid. This money is sometimes needed while looking for a new job.

The courts consider all appeals; if the decision is in favor of the employee, then he is reinstated in the workplace, and also makes payments for forced absence.
Any dismissal can be challenged in court, for example, for absenteeism, when an entry was made incorrectly, delay in payments upon dismissal, and others. Claims on labor disputes are considered by the court, and no fee is paid; it takes place at the location of the enterprise or its branch. All disputes are resolved in a court of general jurisdiction; if you are not satisfied with the decision, you can appeal to a higher court.

In addition to the court, the employee has the right to file a complaint with the prosecutor's office, and it, in turn, will conduct an inspection of the enterprise.

Calculation upon termination of an employment contract

Termination of an employment contract is a direct dismissal, therefore, when calculating, the company’s accounting department is obliged to fully pay all the money earned during work. All money is paid on the last day of work; if the employee was unable to receive all the money on that day, then this must be done the next day. Payments include: wages for days worked, compensation for unused vacation, for this you need to correctly determine the number of vacation days for the period worked, bonuses. This calculation is done by the accounting department.

If the contract is terminated due to staff reduction or closure of the enterprise, the employee is paid severance pay in the amount of two average wages, unless otherwise specified in the contract in case of closure of the enterprise.

Entry in the work book upon termination of an employment contract

Work book document confirming labor activity at a given enterprise or organization. When applying for a job, a work book is submitted to the HR department along with an application for employment. If you get a job for the first time or it is lost, then a new book is started. When applying for a job, a record of admission is made, the position or profession is noted, the order number and the date of admission are indicated. It is also necessary to correctly record the termination of the employment contract in the work book with a note under which article the employee was dismissed. Each article indicates a reason for leaving, which may affect your future job search.

The date of dismissal and the order number are entered in the work book. A document is issued in person on the last day of work, along with all wages earned. If you are not satisfied with the correctness of filling out, you can go to court on this issue. The judge will consider the claim and make a decision; if a violation occurs, then the employer must correct the entry in the labor report, and it is necessary to make a note that this was done by court decision. The employee has the right to receive another work book, in which all entries except the last one will be rewritten. The new book must have a duplicate stamp on it.

Appealing the wording of dismissal through court

The reasons for dismissal can be completely different, the most common reason being voluntary dismissal. If an agreement is reached between the employee and the employer to sever the relationship, then no problems arise. All that remains for the employer is to correctly calculate the employee. The most difficult and painful termination of an employment contract is staff reduction, transfer to another job, or liquidation of the enterprise. For such reasons for terminating the contract, the wording is important. Firstly because of this, it depends on what kind of dismissal payments you need to receive according to the law, and secondly, the article plays a big role when applying for another job. It is important for every employer to know why an employee was fired from his previous job. Downsizing or closing an enterprise is one thing, but a person who cannot get along in a team or is a constant violator of discipline is another. This question is usually included in a job application form.

To correct injustice, sometimes an employee has to go to court. He can provide an employment record with a record of dismissal, an order on the basis of which the dismissal was carried out and provide evidence base violations. If the violation is confirmed, the employee may be reinstated at the enterprise or the wording of his dismissal will be changed. The corresponding entry is made in the labor report, based on the order for the enterprise. In such cases, the employer pays a certain amount, which is not beneficial for him. The manager may face administrative punishment.

Compensation upon termination of an employment contract

Termination of an employment contract can be carried out by agreement of the parties, at the initiative of the employee or employer. The easiest way to pay off your job is to leave of your own free will. The employer most often does not mind; it is enough to sign the application. If the application contains a resolution to dismiss from a certain date, then it is considered that an agreement has been reached by both parties and the termination of the employment contract by agreement, payments are carried out in accordance with the law. If the employee does not change his mind within two weeks, then the administration is obliged to pay on the fifteenth day. This means paying the entire salary for days worked, paying vacation pay, bonuses and other payments. If an employee has worked for the organization for more than 11 months, then the vacation is paid in full; if less, then the number of vacation days is calculated based on the time worked.

Termination of an employment contract is possible by decision of the administration or the employee himself. Sometimes leaving a job is not due to desire, but to circumstances, such as layoffs or liquidation. In such cases, compensation for termination of an employment contract is paid differently. They are warned about dismissal in advance so that the employee can look for new job, in this case they pay everything that the employee has earned and additional compensation is paid in the form of two wages. Other amounts may be paid if this is stipulated in the collective labor agreement. Such payments are provided upon retirement.

If the dismissal is related to violation of labor discipline, then, as a rule, no severance pay is provided.

Severance pay

Depending on the type of dismissal, severance pay is paid. According to the law, severance pay is paid upon layoffs, upon liquidation of an organization, upon retirement, or upon a change of ownership. Severance pay is provided in the amount of one month's salary and another month's salary for the duration of employment. For managers and top managers, payments amount to three monthly salaries; if there is a collective agreement that specifies other payments, they are paid. In case of voluntary dismissal, severance pay is not paid, as well as in case of termination of the contract due to violation of labor regulations at the enterprise.

I pay severance pay on the last working day.

Termination of an employment contract during a probationary period

To protect yourself from unskilled workers. Employers are increasingly resorting to contracts with a probationary period. This period is usually provided for two months, after which an open-ended employment contract can be drawn up or not. Sometimes organizations hire workers for a probationary period, since the wages are much lower and the job functions are standard. When the deadline approaches, the employer simply kicks the employee out, informing him that he is not suitable for the position he occupies, this can be repeated many times. To prevent such fraud, the law obliges the employer to explain the reason for the discrepancy in the order and prove it with documents. It is necessary to give notice of termination of the contract three days in advance; if this does not happen, the contract becomes indefinite. After this, a hiring order is issued.

The fact that the employee is hired on a probationary period is reflected in the contract and the employment order. It is especially important that the probationary period is specified in the contract; if there is no such clause, then the contract is unlimited and the contract cannot be corrected or changed. If there is no order, then it can be issued or an addition to an existing order can be made. A probationary period when hiring is beneficial to the employer, and also to some extent to the employee. The employee himself will find out whether he can perform his duties, whether he has enough knowledge and qualifications, it is better to leave on good terms than to be fired later for non-compliance.

Special cases of termination of an employment contract

Termination of employment contracts is always subject to the articles of the Labor Code of the Russian Federation, but even the law provides for exceptions. Thus, the management of the enterprise has a certain procedure for dismissal, since senior managers bear material and managerial responsibility. Termination of the employment relationship between management and the employer is not as simple as it seems. To replace the head of the enterprise, it is necessary to select a candidate who meets all the requirements.

With the director

The legislation provides for basic and special circumstances under which a manager may be dismissed. This is a change of owner of the enterprise, privatization and other alienation.

staff reductions, closure of the enterprise;
inability to perform the duties of health director;
inability to perform functions due to competence;
gross violation of labor duties;
theft of material assets;
a violation associated with improper management that resulted in an accident at work.

When there is a change of owner, form of ownership, or job reduction, severance pay is paid in accordance with the previously drawn up employment contract, but not less than three salaries. If the dismissal is related to violation of labor discipline, there is a penalty or damage, then severance pay is not paid.

In addition to these reasons, there are many others for which a director may be fired, since they are appointed to this position and, if the position does not correspond, dismissal is possible.

The principle of dismissal for such a position remains the same as for senior managers. Dismissal may be proposed by a shareholders meeting or resignation may be due to health or family reasons. In case of dismissal at will, the employer is notified one month in advance, severance pay is paid three months in advance, and it can be separately stipulated in the contract in case of dismissal. In case of dismissal due to violations of the law, severance pay is not paid. The General Director has the right to sign until last day, therefore, he has the right to sign the dismissal order for himself; if this cannot be done, then it is signed by a legally authorized person. Upon completion of work at this enterprise, an entry is made in the labor record, where the number of the order, the basis and link to the article of the code, and the date of dismissal are noted.

Termination of an employment contract with the head of the enterprise

Termination of an agreement with a manager is determined not only by general, but also by additional grounds. The manager can dismiss the owner of the enterprise or the body that is authorized to conduct such actions on behalf of the owner or the general shareholder meeting. Dismissal in this case is not related to penalties or violations. At the general meeting, a protocol is drawn up, which determines the amount of severance pay, but not less than three salaries. Payment is made on the last day of work and an entry is made in the labor record. The head of the enterprise can sign the dismissal order for himself, since he has the right to sign until the last day.

Termination of an employment contract with a pensioner

Sooner or later it comes retirement age, many are beginning to doubt whether they will stay in the workplace. It is impossible to terminate a contract with a pensioner, since by law it is possible to continue working, but not obligatory. The law allows an employer to enter into a fixed-term employment contract with a pensioner based on age. By doing this, he will protect himself from payments due to the pensioner’s illness. As soon as the contract ends the pensioner will be calculated. If a pensioner wants to work after retirement, then they have no right to dismiss him on the basis of age. But there are exceptions in some specialties where there is an age limit.

An employer may enter into a fixed-term employment contract, indicating that this was done due to age. A fixed-term contract can be terminated at the initiative of the employer, and no guarantees are required. The legislation does not define working pensioners in separate category, therefore the calculation is made on a general basis.
When making payments, the pensioner must send an application to the human resources department two weeks before leaving; upon completion of work, he receives a full payment. If an employee is just going to retire, then it is not necessary to work for two weeks; it is enough to notify the manager a few days in advance.

Termination of an employment contract with a pregnant woman

Pregnancy is most often not planned, so the employer must always be ready to find a new temporary worker. Women in this situation have the right to work until maternity leave, then for three years the woman retains her job and the company pays for maternity leave. After this, the woman can be reinstated at work. However, it happens that a woman worked for fixed-term contract, then she cannot be fired until the end of the pregnancy. If this happened during maternity leave, then she must be registered until the end of maternity leave, and then she can be fired. Also, during pregnancy, it is impossible to transfer an employee to a new workplace without consent, as well as to reduce her earnings associated with a transfer to an easier job.

Termination of an employment contract due to the death of an employee

In life, there is a natural reason for the termination of work, this is the death of an employee. In this case, the contract is terminated, but not terminated. To do this, an order is issued based on the death certificate or the decision of the court recognizing the death of the person. The order is issued as soon as documents confirming the fact of death appear, the date of dismissal will be counted from the date of death. All money earned from the business goes to family or dependents, if any. Money for vacation that an employee used but did not work is not deducted from the total sum of money. A record of termination of the contract under an article of the code is placed in the work book and it can be sent to relatives upon application.

Termination of an employment contract during imprisonment

The law clearly prescribes the procedure for terminating an employment contract in connection with the deprivation of liberty of an employee and the inability to perform his or her job duties. The manager has the right to terminate the employment relationship as soon as he receives a copy of the court verdict. On this day, an order is issued, where the day of dismissal should be the day of sentencing. In the order, the basis is considered to be a sentence of imprisonment. The same entry will be made in the work book. The work book must be given on the day of dismissal; if this cannot be done, then a note is made. However, the convicted person may request that documents be sent to him in the zone by registered mail.

Upon termination of an employment contract, all wages upon conclusion are transferred to the account of the former employee or transferred in cash to a person who has a power of attorney to receive money. The employee familiarizes himself with the order with signature; if this cannot be done, this is noted in the order.

With a foreign worker

It is always interesting to know how employment contracts are concluded with foreigners. Now in Russia there are a huge number of illegal workers who do not have a work permit and do not have any social guarantees. Upon entering Russia, every foreign worker can receive the right to work according to the quota in a given area. Each migrant is taken into account, and the employer is obliged to pay insurance premiums for him.

One of the main grounds for interrupting an employment relationship is the expiration of a work contract. In connection with the termination of the work permit, the employment contract with the foreigner is terminated, this is reported to the Federal Migration Service. The registration and dismissal of a foreign employee is carried out according to Russian legislation, therefore the employer is obliged to enter into an open-ended contract; concluding a fixed-term one violates the law.

Upon completion of the contract, the foreigner has the right to extend the employment contract, and he must renew the work permit.

A foreign worker can be dismissed of his own free will, at the initiative of the employer and by agreement of the parties. Also, the employer has every right to terminate the employment contract with a foreign citizen upon liquidation of the enterprise, upon refusal to transfer to another job, to another location, and many others. All payments are made on the day of settlement, and a work book is issued. All registrations and settlements with foreign workers go through the Federal Migration Service.