Dismissal by agreement of the parties cons. Dismissal by mutual agreement of the parties. What are its benefits for the employer and employee. Agreement on termination of the employment contract

The very term "agreement" implies a mutually beneficial arrangement.

In our case, the employer and employee must come to a mutual agreement.

However, the legislation of Russia does not give a specific explanation - under what conditions should an employment contract be terminated by mutual agreement.

It is only clear that these conditions should suit both the employee and the hirer.

The process of dismissal by agreement is regulated by the Labor Code, namely Article 78. It states that the labor contract can be terminated at any time, which is determined by both parties to the employment relationship.

Labor Code of the Russian Federation, Article 78. Termination employment contract by agreement of the parties

The employment contract may be terminated at any time by agreement of the parties to the employment contract.

The initiator can be both the worker and the employer.

Dismissal by agreement is often used in such cases.:

if it is necessary to terminate a fixed-term contract;
if you need to terminate the contract concluded for an indefinite period.

Thus, this wording upon dismissal can be used if the employee decided to urgently quit without working 2 weeks after writing the application. Or vice versa - the employee decided to inform the employer in advance about the upcoming departure, so that the management could find someone for the position.

In any case, the main condition is to conclude a mutually beneficial agreement.

What documentation should be?

To terminate the employment agreement in this case, you will need a document on the termination of labor relations, which is signed by a member of the team and the hirer.

This document must contain:

the consent of both parties to terminate the contract on favorable terms for them;
number and date of the terminated contract;
date of the employee's last working day;
date of conclusion of the document;
passport details of the employee and the name of the organization;
TIN of the hiring company;
signatures of both parties.

In accordance with the Labor Code, this dismissal must be formalized in this way. The dismissal order must be drawn up in the form N T-8.

The text of the order states that labor relations are terminated on the basis of clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation.

The employee must read and sign the order.

The employee's work book indicates the reason for leaving with reference to Article 77 of the Labor Code (clause 1 part 1).

Cash payments are issued to a team member on the last day of his work.

Care on your own initiative

This formulation is one of the most popular in labor practice. The initiative comes from a member of the team, and does not require the approval of the hirer. After all, according to Russian law, an employee cannot be forced to work.

If it turns out that the application "for own will» the worker wrote under the compulsion of the employer, the Labor Inspectorate or the court may recognize such a statement as illegal.

Worth paying attention. The care mechanism on its own initiative regulates .

It contains several provisions:

the employee is obliged to notify about leaving at least 2 weeks before the day of dismissal (however, the company can shorten this period);
if the employer violated labor laws or the employee, for good reasons, cannot continue to work, such an employee has the right to set the term himself when agreeing to terminate the employment contract at his own request;
until the 2-week period before dismissal has ended, the employee can withdraw his resignation letter if the company has not found a replacement for the vacant position;
if 2 weeks have passed, but the contract has not yet been terminated, the working relationship between the employer and the employee can continue.

What documents need to be collected?

To dismiss an employee of his own free will, first of all, his application is necessary.

It is in a specific form.:

the document prescribes the date of dismissal and the reason - "of one's own free will";
must be the signature of the employee and the date of writing the application.

It is not necessary to indicate the reason for leaving work at will. But if you need to quit without working off, then you will have to write down the reason and confirm it with the appropriate document.

The employee leaves the application in personnel service. After that, the administration of the company draws up a dismissal order. As a rule, a single form of such an act is used (namely, form No. T-8). It was approved by the decision of the State Statistics Committee in 2004.

The order must also be correct.:

in this document, you need to refer to paragraph 3 of part 1 of article 77 of the Labor Code of Russia;
specify the details of the employee's application;
the employee must read the order and sign it.

If a member of the team refuses to put his signature or he is absent, this should be written in the order.

The calculation of the employee is made on his working day.

What is the difference between dismissal by agreement of the parties and voluntarily?

Many workers do not think before they leave that these two ways of being fired are significantly different from each other.

So, what is better dismissal by agreement of the parties or of their own free will?

Dismissal on one's own initiative assumes that it will be possible to register at the Labor Exchange and receive payments no earlier than 90 days after the date of dismissal.

By mutual agreement, you can get the status of unemployed as early as 9 days after leaving work. This process is enshrined in articles 78 and 80 of the Labor Code of Russia.

Another difference is that only the employee initiates dismissal of his own free will, and by agreement of the parties, both the employee and the employer can equally take the initiative.

There is also a difference in the conditions of dismissal. So, after a statement of resignation of his own free will, a member of the team is obliged to work for another 2 weeks, and the agreement of the parties implies termination of the contract at any time convenient for all parties.

In the first case, one statement from the employee is enough to end the employment contract. If the contract is terminated by agreement, both parties sign a document that confirms the action.

And another difference is the ability to change your mind. An employee who decides to leave of his own free will may change his mind before 2 weeks have passed.

But if the dismissal occurs by agreement of the parties, in order to change the decision and save workplace requires the consent of both parties.

What is the difference for the employer?

What is the difference between dismissal of one's own free will and by agreement of the parties for the employer?

The employer often uses the wording "by agreement of the parties" in two cases:

If urgent personnel changes are needed, and there is no time to wait 2 weeks for an employee to work out.
If the company is expected to reduce staff, and you need to bypass all the formalities about this.
When laying off, the legislation prescribes a rather complicated procedure: 3 months before the layoff, you need to warn the workers, check whether they can be laid off under the law, draw up and pay all the money due.

If the dismissal occurs by agreement of the parties, the main issue is the amount of compensation. Here the employee has the opportunity to benefit.

Sometimes the employer uses the agreement of the parties to terminate relations with an unscrupulous employee without resorting to dismissal under the article.

If the dismissal is formalized by mutual agreement, the employer is not required to coordinate its decision with the trade union organization.

Benefit for the employee

What is the difference between dismissal by agreement of the parties and voluntarily for the employee?

Dismissal on personal initiative is not a very favorable wording for an employee, therefore it is used only if the employer refuses to draw up a procedure by mutual agreement.

Leaving at will involves a two-week working off.

In addition, the time is being delayed when a citizen can receive the status of unemployed.

But often this option is the only one if the employee has expressed a desire to leave work. He does not need to seek the consent of the employer.

The benefits of dismissal by agreement for the worker are obvious:

the employee maintains continuous work experience for 1 month after dismissal;
there is no need to notify the employer of your departure 2 weeks in advance;
you can quickly get the status of unemployed, join the Labor Exchange and receive more benefits for a longer time;
the employee can indicate any terms of leaving, if the employer agrees with them, and thus you can slowly look for new position at another enterprise.
For example, you can indicate in a statement that a team member wants to leave in a month or even two.

So, everyone chooses what is beneficial for him. However, in most cases, experts advise employees to choose the wording "by agreement of the parties" if the employer does not mind.

Employers also often benefit from dismissal by mutual agreement. However, like any other procedure, it must be properly executed. This is worth paying attention to.

Dismissal by agreement of the parties is devoted to one article in Labor Law- Art. 78 of the Labor Code of the Russian Federation. Little is said in it: the employment agreement can be terminated by mutual agreement.

In fact, neither the employees nor the employer understand the essence of such termination and its consequences. In this regard, many questions arise: how is the process going, whether the employee is entitled to any payments, what could be the reasons that prompted the employee and the employer to make such a decision.

Features of dismissal by agreement

There are two features of dismissal for the corresponding reason:

the employee can quit when he pleases (on vacation, during illness);
on this basis, you can terminate the student agreement.

There is some nuance in this basis - you can not work out the prescribed 2-week period, which is mandatory in case of dismissal of your own free will.

Pros and cons for the employee

Here you can highlight the pros and cons of such a dismissal for the employee. The pluses include:

the initiative to terminate the contract may come from both the employee and the employer;
the reason for dismissal in the application may not be indicated;
there is no time limit for submitting an application;
You can terminate the employment contract at any time, even in those cases that are prohibited by law;
you can “bargain” with the employer - discuss with him the terms, the amount of severance pay, and so on;
the record of dismissal by agreement does not “spoil” the work book;
may be an alternative to dismissal if the employee is at fault;
with this wording of dismissal, the continuity of experience lasts another 1 calendar month;
if you then register with the employment center at the place of registration, then the unemployment benefit will be slightly higher.

But there are also disadvantages. They refer to the disadvantages for the employee. This:

the employer can terminate the contract at any time, even in cases prohibited by law;
there is no control over the legality of dismissal by the trade union;
the employer is not obliged to pay the employee a severance pay, unless it is stipulated in the collective agreement, in the supplementary agreement or other local regulatory act;
it is impossible to unilaterally change your mind and withdraw the letter of resignation if the agreement has already been signed;
judicial practice in such cases is scanty, since it is almost impossible to challenge the actions of the employer.

Registration of dismissal

It is necessary to draw up the actual agreement on termination of the employment contract (both the organization and the employee can be the initiator). Art. 67 of the Labor Code of the Russian Federation establishes the need for a written conclusion of an employment contract, therefore it is more expedient to draw up an agreement on paper, and not in words. The document is drawn up in 2 copies, has all the necessary details.

Sample and content of the agreement

It should contain the following information:

mutual content of the parties;
details of the employment contract to be terminated;
date of termination of employment, that is, the date of the last working day;
the amount and terms of payment to the employee of monetary compensation, if provided;
date and place of its conclusion. Without this information, the document will be considered void;
position and full name of the employee;
full name of the employer with an indication of organizational - legal form;
position and full name of the person who represents the interests of the employer and has the authority to sign documents;
passport details of the dismissed employee;
TIN of the employer;
Signatures with transcripts.

The agreement is signed by both parties. The document can provide for a monetary payment of compensation to the employee for terminating the contract (compensation upon dismissal by agreement is not at all a prerequisite for such termination of the contract).

Payments upon dismissal

Based on Art. 140 of the Labor Code of the Russian Federation, the employer is obliged to pay the employee on the day of dismissal. The amount paid to an employee includes:

salary for hours worked;
compensation for unused vacation;
compensation for termination of the contract, if such was provided for by the agreement.

What kind of compensation to ask

The amount of compensation is not specified in the law. She can be anyone! Its size can be specified in the collective agreement or local regulatory act.
The main condition is that the employee and the employer can negotiate. As a rule, the amount of compensation is not less than in case of dismissal due to redundancy - a maximum of 3 average employee salaries. So shows personnel practice. The employee has the right to ask for more, the employer has the right to offer less.

The employer is obliged to pay compensation only if it is stipulated in regulations by enterprise. In all other cases - it is his right!
The amount of compensation is specified in the agreement, which is signed by both parties. Only in this case, the employee will be able to sue if the employer violates the terms of termination of the employment contract, according to this document.

Such an agreement cannot be terminated by one of the parties; its cancellation requires the desire of two participants in labor relations: an employee (employee) and an employer - clause 20 of the Resolution of the Plenum Supreme Court RF No. 2 dated 17.03.04.

Compensation Agreement

In any case, the employee writes a statement. It must contain the following information:

position and name of the employer or person. authorized by him to sign applications;
position and full name of the employee;
request to terminate the contract;
reference to paragraph 1 of Art. 77 of the Labor Code of the Russian Federation or Art. 78 of the Labor Code of the Russian Federation;
number and date of the current employment contract;
the date on which the agreement is to be terminated;
request to pay compensation specified in the agreement;
date of application;
applicant's signature with transcript.

The agreement is an annex to the contract. It can be drawn up by both the employee and the employer. The employer has the right not to sign the application until the parties reach a consensus.
The period of discussion of the conditions may be somewhat delayed. All issues discussed by the parties are recorded in the protocol of disagreements. When mutual understanding is reached, it is necessary to draw up new text agreement, or make adjustments to an old document by making reference to the minutes of the disagreement.

The dismissal is formalized by order, where an indication is made of clause 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation. The order is signed by the employee, or a note is made about the impossibility of familiarizing him with the document (in case of absence or unwillingness).

A corresponding entry is made in the work book of the dismissed employee, indicating that the contract is terminated by mutual agreement.

Entry in the workbook

The record is made by a personnel officer.
There are 2 options for how an entry in an employee's work book should look when dismissed for such a reason.

Option one:

record number is indicated;
the date it was made;
in column 3 it is written: "dismissed by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation"
date and order number.

Option two:

columns 1, 2 and 4 indicate the same information as in the first case;
in column 3, you can write: “the employment contract was terminated by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation” Both entries have the same legal force.

A copy of the order and work book is handed over to the employee on the day of dismissal.

More information in our infographic

Reasons for dismissal and advantages of such grounds for dismissal

Reasons for an employee to leave an employer:

according to the article (for example, absenteeism);
the likelihood of receiving "compensation" from the employer (beneficial for women who are on unpaid "children's" leave);
the need to go to another job, but there is no time to work off the deadline.

Reasons for an employer to fire an employee:

the need to terminate an employment relationship with an objectionable employee;
the need to dismiss employees who cannot be dismissed for other reasons (pregnant women on sick leave, students, employees on vacation).

Benefits for the employer:

there is no need to consult and notify the union of the proposed dismissal;
the employee with whom the agreement has been drawn up can be dismissed in any case, since changing the decision on the part of the employee himself is not possible without the consent of the organization.

When concluding an agreement, it must be taken into account that the employee has the right to challenge it in court, arguing his position with pressure from the employer, especially when it comes to employees of the most vulnerable categories, dismissed without monetary compensation.

Labor exchange payments

Within 2 weeks after the dismissal, the employee has the right to register with the employment center at his place of residence. This requires the following documents:

passport;
education document;
employment history;
a copy of the agreement of the parties on dismissal;
certificate of the applicant's earnings for the last 3 months of work;
application in the prescribed form.

In 2018, only:

able-bodied citizens;
who have reached the age of 16;
non-pensioners and full-time students;
not involved entrepreneurial activity;
not occupying the position of founders of enterprises and firms;
sentenced to correctional labor or imprisonment.

The amount of the benefit depends on the average earnings of the unemployed for the last 3 months at the last place of work. The average earnings are determined on the basis of the data presented in the certificate from the last place of work.
In the first 3 months of being unemployed, the applicant will receive 75% of their average earnings. In the next 4 months - 60%, and then - 45%.

The allowance is accrued and paid only for 12 months within 1.5 years. If the unemployed person could not find a job for a year through no fault of his own, then the allowance will be paid for another 1 year. Its size will be equal to the minimum allowance for the region.
The applicant receives the status of unemployed on the 11th day from the date of submission of all documents. In the first 10 days, employees of the employment center offer him all the available vacancies that suit him in terms of qualifications.

If the applicant has an "unpopular" specialty, he will be offered training or retraining. If in 10 days he does not find suitable job or place of registration, on the 11th day he will receive the status of unemployed and will receive unemployment benefits from that day.

The amount of the benefit paid cannot be less or more than that established by Law No. 1032-1 of April 19, 1991 “On Employment of the Population” - 850 rubles and 4,900 rubles, respectively.
The authorities of some regions make additional payments to their unemployed. So, in Moscow, the government compensates for transportation costs in the amount of 1,190 rubles, and makes an additional payment of 850 rubles to the minimum and maximum amount. Thus, unemployed Muscovites receive 2,890 and 6,940 rubles respectively.

If the applicant gets a job with the help of the exchange or on his own, then he is deregistered and ceases to receive benefits. Also, he is not deregistered if he refused the offered vacancies 2 times or refused to undergo retraining in the direction from the center.

Step-by-step instruction

The employer offers to terminate the employment contract by mutual agreement? To ensure that your rights as an employee are not violated, you must use the instructions:

this agreement is required. Both parties must participate. The employee has every right to make his own conditions for subsequent dismissal. He can offer to pay him compensation, he can indicate its size and so on. It is worth considering Art. 349.3 of the Labor Code of the Russian Federation, which indicates the categories of workers who are not entitled to severance pay. The agreement is drawn up in 2 copies;
registration of the agreement. This is done by the secretary or clerk in the manner that the employer has. For example, in the agreement log;
delivery of the second copy to the employee. Delivery is confirmed by the signature of the employee on the copy of the employer. Experts recommend writing “I received a copy of the agreement”;

Along with the usual options for dismissal of an employee, there is dismissal by agreement of the parties. This option arises and quite often and is one of the democratic options for the development of the situation, in addition, for the employee it is not shameful. We will analyze the advantages and disadvantages of this option, what compensation is due to the employee and what documents are drawn up.

The departure of an employee from the company by agreement of the parties is an alternative and sometimes best option dismissal, is applied to a number of others, for example, with such as, but the semantic load is somewhat different. For comparison, in the first case, the basis will be a mutual agreement between the employee and the employer, and in the second case, the desire of the employee himself.

The initiator of such actions can be both the employer and the employee himself, they part by some kind of mutual agreement, which is regulated by Article 78 of the Labor Code. Note that you can terminate the employment relationship at any time, by agreement. According to the labor code, it follows that, additions to the contract are drawn up in 2 copies, and the dismissal agreement should be drawn up in the same way.

And although the labor code does not require a specific form of such an agreement and does not even undertake to make it, it is still strongly recommended to draw it up in order to close all issues with the employee and have documentary evidence signed by both parties to the process.

Dismissal by agreement of the parties is initiated by mutual agreement of the parties when compiling a list of conditions.

In addition, this measure can be aimed at repaying the conflict between the parties, for example, if an employee refuses to quit and conducts some offensive actions. Of course, not everyone will be interested in suddenly leaving the workplace at the speculation of the employer, who may have his own thoughts on reducing such a workplace or replacing it with a new candidate.

Attention! In this case, there is one feature - it is allowed to dismiss an employee who is on maternity leave or during pregnancy, which is strictly prohibited in other cases.

The employee is the initiator

If such a desire was expressed by the employee, then he must do the following:

Write a letter of resignation addressed to the manager with the wording by agreement of the parties: “I ask you to fire me or terminate the employment contract from the required date by agreement of the parties” and then describe your requirements

The employee should think over the conditions in advance and it is possible to use the services of a lawyer when drawing up such a requirement.

The employer is the initiator

In the event that such a process is initiated by the employer, he must do the following:

Write a letter to the employee expressing your intentions
Specify the reason for dismissal
Estimated date of termination of employment

If the employee does not agree with the conditions set, then he can write a response letter indicating his conditions for terminating the employment relationship. But it is better and faster to resolve these issues "at the negotiating table" based on their results, it is necessary to draw up a document reflecting the agreements of the parties.

The Labor Code does not require a specific form of such an agreement, therefore it can be drawn up in any form, that it may contain:

Indication in it of information about the mutual agreement of the parties, for this, include the wording that it was signed voluntarily, without any coercive measures
Details of the current employment contract
The date of termination of employment, which will be the last day of work of the employee, must be agreed upon by both parties
Conditions are also stipulated, including financial ones, if any, indicating the amounts of compensation. It is necessary to divide the amount of "compensation" from the standard amounts of compensation upon dismissal
Other essential conditions
Signatures of the parties to the negotiations

Advantages and disadvantages of terminating the contract by agreement of the parties in 2019

Advantage of dismissal by agreement

The advantages include:

The initiative to terminate the employment contract can come from both the employer and the employee
You are not required to provide a reason for leaving.
There are no deadlines for submitting an application, as we say in case of dismissal of one's own free will, when an employee is obliged to notify the employer two weeks in advance, including the need for working off, depending on the agreements reached
You can terminate the employment relationship during the probationary period
Agree certain conditions (terms, severance pay, etc.)
Can be negotiated orally
Such a record does not spoil the employee's work book
An employee with this wording has another month of continuous experience
The amount of the unemployment benefit in this case is more

For people employed in modern economy, dismissal is considered a common occurrence and, as a rule, is not perceived as a kind of fateful step. Indeed, competition in the market, the struggle for professionals and opportunities for continuous self-development and education contribute to increased mobility of human resources.

Simply put, a person throughout his life seeks and chooses the most comfortable and attractive working conditions for himself. And since the conclusion of an employment contract on its own legal entity is the free will of the two parties, which means that the termination of labor relations is allowed with their mutual consent.

The legislator, for the same reasons, provided in the Labor Code such a circumstance as an agreement of the parties among other reasons for stopping work.

The agreement of the parties as a basis for dismissal

The possibility of terminating the contract, justified by this basis, is enshrined in Article 78 of the Labor Code of the Russian Federation. Each of the grounds implies the presence of certain circumstances that served as the reason for dismissal, and compliance with the requirements for the procedure for formalizing the termination of employment relations. So, from this point of view, the agreement of the parties is the best option, both for employers and for staff.

It is possible to quit for such a reason, provided that the employer and the employee reach an agreement on the termination of the employment relationship. In such circumstances, the termination procedure is subject to general rules termination of contracts with personnel, which are provided for in Article 84.1 of the Labor Code of the Russian Federation.

Benefits of dismissal by agreement of the parties for the employee

The application of Article 78 of the Labor Code is a fairly favorable option for an employee when leaving an employer for several reasons:

the legislation does not provide for any periods of "working off", that is, the employee does not need to wait a certain time after making a decision to change his job.
The moment of dismissal is determined by agreement with the management;
the record of termination of the contract under Article 78 of the Labor Code is very favorable from the point of view of the search new work. Such a wording does not arouse suspicion on the part of potential employers and does not harm the professional reputation of the candidate, as is the case in the case of leaving for some other reasons (inadequacy of the position, absenteeism and other gross violations of discipline, a negative test result, etc.);
opportunity to withdraw the application. If suddenly a person changes his mind about leaving the place of work, then, subject to the consent of the employer, you can cancel the dismissal.
For your information

A unilateral refusal has no legal effect;
entitlement to unemployment benefits. In the absence of an alternative place of work, a citizen can apply to the employment service and subject to the requirements of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation» as amended on 03/07/2018, receive payments in the amount depending on wages this citizen before leaving work.

Advantages of dismissal by agreement of the parties for the organization

The employer is obligated to impeccably comply with the requirements of the law in case of personnel changes. From the point of view of the procedure, the mutual consent of the participants in legal relations when terminating the contract causes the least problems for the following reasons:

the presence of mutual agreement does not imply a conflict of the parties. In this option, claims from the employee are unlikely, which saves the employer in the future from possible lawsuits and additional costs;
simple decoration. Indeed, termination of the contract on this basis requires the employer only to correctly draw up the main documents, namely, it is necessary to draw up an order and familiarize the dismissed person with it, enter information in the work book, the employee’s personal file, issue the necessary certificates and documents.
the legislation does not require the payment of additional compensation to an employee leaving on this basis, in addition to the calculation for the period worked and unused vacation.
For your information

Payment of other compensations is obligatory if it is provided for by local documents in the organization;
an employee can be fired at any time agreed by the parties. The circumstances on the part of the dismissed person do not entail any obligations for the management to continue the employment relationship with this person.

Disadvantages of dismissal under article 78 for employees

As with any procedure, certain nuances are characteristic of terminating an employment relationship by agreement of the parties. Despite the attractiveness of this option, you should remember the following:

dismissal under article 78 is allowed only if the consent of the employer is obtained. If the management's approval for the employee's departure is not received, the employment relationship cannot be terminated unilaterally;
The Labor Code does not provide for additional compensation upon release from work by agreement of the parties. Therefore, if the choice of this ground takes place in the event of a reduction in personnel or the termination of the employer's activities, then the employee is in a losing position compared to being released from work under paragraphs 1 and 2 of Article 81. In this case, it is advisable for the employee to insist that the condition for additional payments be included in the agreement to terminate the contract;
the employee does not have the opportunity to cancel his decision to leave this employer, referring to changed circumstances. In order to stay at work, you need a positive decision of the management;
circumstances such as illness or vacation are not considered an obstacle to dismissal. It turns out that the employee runs the risk of remaining socially unprotected in the event of adverse conditions.

Cons of termination of the contract by agreement of the parties for the employer

Sometimes the initiator of the termination of a working relationship is an employer who wants to part with individual personnel without waiting for the end of the contract and without significant reasons as the grounds established by the code.

In such situations, employees are offered to issue a termination of the contract by agreement of the parties. The employer will not be able to dismiss the employee without his consent on such a basis.

It will be possible to part with the employee only if he himself does not object to terminating the employment relationship under Art. 78 of the Labor Code of the Russian Federation. Otherwise, the employer is bound by the norms of the law and the term of the contract.

Normative documents do not provide for the form of an agreement on termination of an employment contract. Leaders tend to neglect this formality. In order to give oral agreements legal force, we recommend that the employer fix the announced conditions in writing and confirm them with the signature of the employee.

It is such a document on the set day that will allow you to reasonably dismiss the employee. It is advisable for the manager to instruct the personnel and (or) legal service of the organization in advance to develop an agreement form and include conditions on the date of termination of work, due payments, the duties of a person in relation to his official functions(for example, complete business, hand over papers).

Conclusion

All of these features support the conclusion that mutually agreed dismissal is the best solution for both parties to the employment contract. Moreover, if the formal basis is supported by complete mutual understanding and the absence of disagreements between the employer and the employee on the main nuances, then the choice of Article 78 is an ideal option, since it implies the possibility of changing any conditions for the upcoming dismissal.

If the parties fail to reach an agreement on the terms of the termination of the employment relationship, almost all the advantages in the application of article 78 for one party to the contract may lead to problems for the other. Therefore, both the employee and the employer should be aware of the possibility of concluding a written agreement, which seems to be the most civilized way to protect against disputes and claims in the future.

An employment contract can be either concluded by agreement of the parties or terminated. This is one of the dogmas of the labor market, on which the market economy and capitalism are built. Freedom to manage your own labor resources - one of the basic principles of modern democracy.

Often employees and employers confuse and gap labor cooperation based on mutual decision. Below is comprehensive information about what dismissal by agreement of the parties means.

According to the Labor Code of the Russian Federation: "The employment contract may be terminated at any time by agreement of the parties" ( Art. 78 TK). At the same time, the employment relationship will be terminated at the time specified by the parties in the agreement.

At the same time, the procedure for dismissal by agreement of the parties in accordance with the Labor Code of the Russian Federation does not exclude the possibility of dismissal at will or.

The procedure for dismissal by agreement of the parties in accordance with the Labor Code

An agreement to terminate an employment contract must be drawn up in the form document. No verbal agreements will be legally binding.

The document must contain complete information about worker And employer: TIN, full name, full passport data, full legal data of the employer company. In addition, information must be provided individual- a representative of the employer who is authorized to sign the document.

The document must indicate the grounds for termination of labor cooperation. Also, the document contains a mutual waiver of claims. Those. both parties to the agreement declare that they have reached an agreement and their demands towards each other on this moment exhausted.

In addition, the contract must specify the exact date termination of the employment relationship, i.e. the date on which the employee will be formally terminated.

IN additional conditions the contract may contain information on the payment of bonuses, and other information.

The document is signed in two instances - one for each subject of the relationship.

often on Russian enterprises a slightly different path is used: after reaching an agreement in principle on the absence of mutual claims, the employee submits an application with a request to dismiss him at his own request, and the employer dismisses him with the entry “by agreement of the parties”.

In any case, the employer does not have the right to withdraw documents after entry into force agreement, and is obliged to issue an order to dismiss the employee. After the entry into force of the order, the employee is obliged to familiarize himself with it and sign it. Now he is considered dismissed and free from any obligations to the employer.

On the last day of execution official duties they give him work book, and all that still remains due to the enterprise.

The dismissal procedure by agreement of the parties in accordance with the Labor Code of the Russian Federation ends with the issuance work book. An entry in the labor record upon dismissal of an employee by agreement of the parties indicates that the dismissal occurred by agreement of the parties, according to paragraph 1 of article 77 of the Labor Code of the Russian Federation.

Cash payments to an employee

Upon dismissal on the basis of agreement of the parties, the amount of compensation, if any, prescribed in the text of the agreement.

After the termination of the employment relationship, the employer is obliged to pay:

Prizes;
Salary for all days worked after signing the agreement;
All stipulated by law and basic labor agreement compensation;

Dismissal by by agreement of the parties with compensation - the most convenient way termination of employment relationship. In exchange for a financial reward, an employee whose services the employer is not interested in for some reason stops working. This may be an unscheduled decision, or a decision crisis situation when an unreasonably increased staff hinders the development of the company. At the same time, the key point of the contract is disposable payment, which is the employee's motivation for dismissal.

Often such a payment can amount to several monthly salaries, which are added to the salary in last month work. In any case, the amount of remuneration for voluntary dismissal is always the subject of negotiations between the employer and the employee. It is not legally regulated in any way.

In addition to remuneration and the usual payments that are provided for by the employment contract and the Labor Code, the employee can count on the following: additional payments:

material;
Vacation pay, if the dismissal occurs after going on paid leave.

Sick leave and dismissal of a disabled employee

If being in labor relations, employee lost working capacity as a result of illness, injury or accident, he can also be dismissed by agreement of the parties. In this case, the employer must fully pay sick leave, during the time when the employee was on the staff.

At the same time, such a dismissal option can be the only beneficial one for both the employee and the employer - a disabled patient receives a substantial amount of funds that he can spend on treatment, and the employer loses a useless employee, whom, moreover, he does not have the right to dismiss.

The same applies to the dismissal of women who are in a state of pregnancy, with the only difference that it has the right to unilaterally terminate the concluded agreement before it enters into force.

Pregnant women to be fired forbids TK, however, the agreement, which cannot be revised, can be supplemented. In addition to the already agreed payment, the employer can offer an additional premium, or another form incentive payment, which will be an additional motivation for dismissal.