Grounds for termination of employment relations: concept and types

Conditions for terminating an employment contract Termination of an employment contract is the procedure for terminating the work contract between the employer-boss and the executive-employee.

According to Article 77 of the Labor Code of the Russian Federation, contractual obligations can be terminated:

1. by decision of the employee or management;
2. by mutual agreement of the parties;
3. for independent reasons.

Also, termination of an employment contract may occur in connection with the expiration of the contract or in connection with the transition of an employee to a new position within one enterprise or within the entire branch network.

General grounds for termination of an employment contract

There are several conditions for terminating an employment contract:

1. the employee’s unauthorized desire to leave his place of work;
2. violation of labor obligations by the contractor, resulting in dismissal at the initiative of the employer;
3. mutual agreement;
4. expiration of the temporary contract;
5. termination of a working relationship due to circumstances beyond anyone’s control;
6. other conditions.

• Refusal of the contractor to work due to a change in the terms of the contract.
• Refusal of an employee to be transferred to another position.
• Refusal of the employee to move to another region with the employer.
• Violation of contract rules.

Let's look at each of them in more detail.

Types of employment contracts. The procedure for concluding an employment contract

What the law says

The procedure for terminating employment relations is regulated by Article 84.1 of the Labor Code of the Russian Federation. According to it, termination of an employment contract begins with the drawing up of an order at the initiative of the employer or employee.

As a rule, the order form approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 is used as a sample.

After drawing up the order, it is sent to the dismissed employee for review and confirmation. If desired, a photocopy of the document is handed over to him.

By law, the day of official dismissal and final termination of the employment contract is considered the employee’s last day at work.

On this day the boss must:

• Return the employee his work book;

If an employee is absent from the workplace on the day of dismissal, a written notice is sent to the address of his permanent/actual residence about the need to appear at his previous workplace and pick up the work book in person, or agree to its transfer by post.

• Make calculations (salary, unused vacation pay, bonuses, etc.) in accordance with Article 140 of the Labor Code of the Russian Federation;
• Hand over the documentation requested by the employee that is related to his work activities.

Before returning the work book, the reason for termination of the employment contract is stated in it, with reference to the appropriate article of the Labor legislation confirming the legality of the above actions.

Termination of an employment contract at the initiative of the employee

Termination of an employment contract at the initiative of the employee is the most “harmless” way for the performer to change the type of activity. However, if an employee writes such a statement under pressure from management, then this is a direct violation of the Labor Code.

So, in order to quit a job voluntarily, an employee must:

• draw up an application addressed to the manager (at least 2 weeks must pass from the moment of warning to the moment of final payment);
• calmly complete the remaining days without undermining labor discipline.

Interesting! The employee has the right to withdraw his application if he changes his mind about quitting within 14 days. But the employer has the right to refuse the contractor if a new employee has already been invited in writing to the vacated position.

When you don't need to work 2 weeks

According to Article 80 of the Labor Code of the Russian Federation, the contractor has the right to leave work immediately after submitting the appropriate application if he is unable to perform work duties due to:

• upon reaching retirement age;
• with the start of studies at a university or other educational institution;
• with deteriorating health.

If an employee has received a disability group that prohibits him from working, then the grounds for termination of the employment contract are circumstances beyond the control of the parties.

And if his state of health simply does not allow him to perform his previous functional duties, then higher management is obliged to offer him easier working conditions.

Registration of a remote employee

If there is no free space or if the employee himself refuses the new position, the work contract is terminated without mandatory service.

AP interrupt basis

There is a list of legal grounds for termination of an employment contract

There are 4 types of grounds for termination of an employment contract:

1. Are common
2. Additional
3. Circumstantial
4. Legal

Common reasons for AP interruption:

1. The decision to dismiss by agreement of both parties
2. Expiration of the fixed-term contract
3. An employee’s independent decision to quit
4. The decision of the company management to dismiss an employee
5. Reluctance of a person to work at a reorganized enterprise
6. The employee’s reluctance to have labor relations with the newly introduced management of the company
7. The employee’s reluctance to work in a company where jurisdiction has been changed
8. An employee’s reluctance to work in an organization if there has been a change in working conditions and he is not satisfied with them
9. Reluctance of the employee to be transferred to other working conditions according to a medical examination
10. Violation of norms and rules when employing an employee

Additional grounds for interrupting a TD include:

• Termination of an enterprise due to bankruptcy
• End of TD with a part-time employee, provided that a replacement has been found for him to work on a permanent basis
• If a teacher violates the regulations of a general education institution or exerts psychological pressure on a pupil or student
• The inability of the Russian ambassador to foreign countries to fulfill his duties. For example, in the context of a declaration of war, an epidemic, or the ambassador is declared persona non grata
• Violation of Russian anti-doping standards by an athlete or loss of his qualifications

Requirements also apply to civil servants and law enforcement officers, but special requirements are provided for these categories.

Termination of the employment relationship can be carried out if there are specific reasons. But there are circumstances under which the decision to dismiss a subordinate will not be made by either party:

1. Conscription of an employee for military service in the army
2. Reinstatement of an employee to a position by a court decision or labor inspectorate
3. Release of an employee from performing duties by a court decision
4. Release of an employee from performing duties by decision of the medical commission
5. Evidence of death of the employee or employer

The occurrence of conditions that are recognized as emergency at the state level:

• Disqualification of a specialist. A specialist may be disqualified from using a license. There may also be a temporary suspension of the use of a permit for a period of 2 months.
• There is no reason to work with classified materials
• Cancellation of a court decision to reinstate an employee to a position
• Labor law is regulated by the Labor Code of the Russian Federation.

Legal grounds for termination of an employment contract - commentary from the head of the legal department:

Termination of an employment contract at the initiative of the employer

Termination of an employment contract at the initiative of the employer occurs in the following cases:

1. if the results of the certification showed that the employee’s knowledge does not correspond to the position he occupies;
2. if the performer has once or repeatedly violated labor discipline and received an official reprimand or reprimand for this;

• Absenteeism.
• Absence from work for more than four hours.
• Coming to the workplace in a state of drug, alcohol or other intoxication.

1. if the employee disclosed confidential information;
2. if a criminal case was initiated against the performer under Article 158 of the Criminal Code of the Russian Federation (theft, theft) and his guilt was proven;
3. if it was proven in court that the employee intentionally caused damage to the employer’s property;
4. if the employee violated labor safety rules, resulting in serious consequences;

• Disaster, accident.
• Injury to another employee.
• Death of another employee.

1. if the performer, as a result of rash actions, has lost the trust of the manager;
2. if there is a change of owners in the organization;

Interesting! In this situation, termination of the contract can occur as follows: the employee writes a letter of resignation of his own free will in the name of the old management, and then draws up a document with a request to hire him in the name of the newly arrived owner.

This is done so that the boss does not pay the contractor the severance pay required by the Labor Code.

1. if the employer is an individual entrepreneur and he liquidates it or simply makes “cuts” in staff;
2. if, when applying for a job, an employee provided deliberately false documents to the HR department;
3. if the performer who performs educational functions has committed an immoral act.

At the same time, the employer will not be able to fire the performer for any reason while he is on sick leave or on vacation, including maternity leave.

And if an employee has lost confidence or committed an immoral act outside the workplace or at a time when he was not fulfilling his direct professional duties, then he can be fired no later than a year later.

Rights of minor workers: features of working conditions and rest conditions

Upon expiration of the agreed period, these reasons for termination of the contract at the initiative of the authorities are considered invalid.

Cases serving as grounds for termination of TD

An employee is not always the initiator of termination of an Employment Contract

There is a whole list of cases, referring to which the TD is interrupted. This includes:

1. Deterioration of the employee’s health due to harmful working conditions, but transfer to another workplace was not offered
2. Inappropriate education of the employee
3. Disqualification of an employee and a court decision to remove the employee from office
4. Start of liquidation of the company or layoff of employees
5. Violation of work discipline, for which he suffered penalties
6. The employee cannot cope independently with his job responsibilities
7. Change of owner of the company

An employer has the right to dismiss his employee if:

• The employee did not show up for work within 4 hours and did not provide an explanation
• An employee being intoxicated at the workplace
• An employee committing theft or leaking information to strangers
• The employee provided “fake” documents
• The employee has lost the trust of management
• Due to the carelessness of an employee, an accident occurred at work

Termination of an employment contract by agreement of the parties

Termination of an employment contract by agreement of the parties can be carried out at any time.

At the same time, this type of contract termination is considered the most beneficial for managers, since the risk of the contractor challenging this decision in court is minimal.

Also, the “window” of the Labor Code of the Russian Federation, called “dismissal by agreement of the parties,” can be used to legally part with an unwanted employee.

What payments upon voluntary dismissal are due in 2018?

If the employer directly tells the contractor about his desire, promises him an adequate monetary payment and good recommendations, then the employee will most likely agree to leave.

In addition, the initiator of mutual dismissal can be the contractor himself if he faces punishment for violating labor discipline or for loss of confidence (see Being late for work: fine or dismissal?).

Interesting! By mutual agreement, you can dismiss pregnant employees, performers on maternity leave or sick leave.

An employment contract acts as a kind of guarantee of stability and legality in the relationship between an employee and an employer. However, termination of employment (dismissal) is an equally important step. Current legislation clearly regulates the grounds for termination of an employment contract.

What is the basis for terminating an employment contract?

Termination of the contract can occur for any reason.

There is a fairly large list of grounds for terminating an employment relationship. The initiative can come from both the director (manager) of the enterprise and the employee. An employee may be dismissed in the following cases:

• expiration of the period for which the contract was concluded;
• bilateral consent;
• termination of an employment contract at the initiative of the employee;
• dismissal of an employee on the initiative of the manager (employer).

Each basis has its own nuances that must be fulfilled so that the other party to the contract does not have the opportunity to challenge the legality of the decision made.

In case of violation of the dismissal procedure, the culprit may be held accountable, and the victim has the opportunity to restore his rights.

Features of termination of employment relations

The employee must give notice of dismissal.

An employment contract, which is concluded for a certain time, expires on the date specified in the contract. The employee must notify the director 3 days before this deadline. Notification must be made in writing, indicating the expiration date of the contract.

In the event of serious illness, disability, or other valid reasons, the employee may resign before the period specified in the contract. Thus, a fixed-term contract is terminated at the initiative of an employee who, due to valid reasons, cannot continue to perform a certain job.

A fixed-term employment contract can be extended by agreement between the manager and the employee. Then there are two options for the development of events: the employment contract can be extended for a certain period or can become indefinite. Everything will depend on the nature of the job and the employee’s responsibilities. For example, seasonal work related to sowing and cultivating land will not be relevant in winter, so there is no point in renewing the employment contract.

As for terminating an employment contract by agreement of the parties, there are pros and cons. The employment relationship is terminated in accordance with the law, the employee receives all payments, salary, and monetary compensation for unused vacation. But at the same time, termination of the contract can be initiated at any time (even during the vacation period) and this decision is not agreed upon with the trade union.

Like any other contract, an employment contract is concluded, amended and terminated with the consent of the two parties. This is a common rule for everyone. Therefore, if an employee decides to resign on his own initiative, he is obliged to notify the director 2 weeks in writing about his decision. These deadlines must be observed to avoid conflict situations during dismissal.

Thus, termination of the employment contract with the head of the organization occurs at the employee’s own request.

If the parties mutually agree on all terms, the manager may dismiss the employee earlier than 14 days. During this time, the employee must decide on the correctness of the decision to dismiss. During this time, the employee can withdraw his application and continue to work under the same conditions.

The above reasons for terminating an employment relationship have one positive feature for the employee. After all, when applying for another job, the new manager will not have any additional questions or suspicions regarding the employee’s inability to perform. Circumstances will look completely different if the employee was fired on the initiative of the manager, on grounds that do not characterize him as a good specialist.

Termination of an employment contract at the initiative of the employer, a cheat sheet for the employee

An employee can resign either on his own initiative or on the initiative of his superiors.

A manager can take the initiative to fire an employee only if there are good reasons for doing so. In half of the cases, the employee is fired on grounds where it is not his fault at all. However, there are also circumstances where dismissal occurs through the fault of the employee. Dismissal under such circumstances may have a negative impact on future employment.

Circumstances such as the dismissal of an employee due to the closure of an enterprise, a reduction in the number of employees (staff) or a change of owner do not have any negative consequences for the employee. These circumstances arose without his fault, and he cannot influence them.

It’s a completely different matter if an employee is fired due to his fault. The list is quite wide:

• failure to properly fulfill one's job duties (absenteeism, being at work under the influence of drugs or alcohol, disclosing official secrets);
• lack of proper qualifications, resulting in inadequacy for the position held. The knowledge and skills that the employee possesses are not enough to do their job well;
• committing a crime related to official duties and financial liability;
• committing an immoral act;
• at the stage of signing the employment contract, the employee provided the manager with forged documents, the information in which does not correspond to reality.

The employee’s work book must indicate the article and paragraph of the Labor Code of the Russian Federation on the basis on which he was fired. And, as you know, employers are reluctant to hire non-executive workers who constantly violate labor discipline.

Termination of a fixed-term employment contract

A fixed-term or temporary work contract is an agreement concluded for a specific time period. Typically, such an agreement is drawn up with employees who:

• take the place of an employee on maternity leave;
• perform the duties of an employee undergoing long-term treatment;
• perform seasonal or single type of work.

Automatic termination of a fixed-term employment contract occurs if an employee whose functional duties were performed by a replacement returns to work. Or in the event that certain work specified in the temporary contract is completed and accepted.

Interesting! If a fixed-term contract is about to be terminated due to expiration, the employer is obliged to notify the employee about this at least 3 days in advance (not working days, but calendar days).

The procedure for the emergence and registration of labor relations

To formalize an employment relationship, an employee must provide the following package of documents:

1. Identification.
2. If available, military ID.
3. SNILS and INN.
4. If available, work book.
5. Documents proving that the candidate for the position has the declared education.

The employment agreement must contain a list of the rights, obligations and guarantees of both parties to the contract. The conditions for the employee to undergo a probationary period, if any, are prescribed, as well as the procedure and features of the payment of wages.

The contract is considered valid from the moment both parties confirm it with their signatures.

The document must be drawn up in two copies having equal legal force. One remains at the enterprise, the second is issued to the employee.

There are often cases when an agreement is not drawn up in accordance with the established procedure. Therefore, an employee can start work based on the employer’s corresponding order to hire a specific person for a position (ideally, executed by the head of the company after the employment contract is drawn up).

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

The main legal grounds for terminating an employment contract in this case are the occurrence of an emergency. The outbreak of hostilities, the occurrence of a major natural disaster, an epidemic, all of these are considered “unforeseen circumstances.”

In addition, termination of a work contract for reasons for which neither the employer nor the contractor is to blame is carried out in the following cases:

1. if the employee was called up for military service;
2. if the performer was taken into custody and subsequently arrested;
3. if the employer or contractor himself is declared missing or dead;
4. if the employee was reinstated at his previous place of work by decision of the labor inspectorate (see What does the labor inspectorate check? How to prepare for the visit?);
5. if the employee’s special document (license, driver’s license) has expired and he cannot renew it within 2 months;
6. if the performer does not have access to state secrets, and his professional activities are directly related to them.

Interesting! In some cases, for example, in the situation specified in paragraph 5, the employer, before terminating the contract, must offer the employee another position that matches his skills and abilities.

Regulatory regulation

The general procedure for terminating employment relations is established by Art. 84.1 of the Labor Code of the Russian Federation, by virtue of which, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Art. 140 Labor Code of the Russian Federation. Part 5 Art. 84.1 obliges the employer to make an entry in the work book about the basis and reason for termination of the employment contract in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article.

In addition to the Labor Code of the Russian Federation, making entries in the work book is regulated by the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”. Clause 14 of these rules is similar to Part 5 of Art. 84.1 of the Labor Code of the Russian Federation: entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. Also, explanations are given in the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69. According to this Instruction, an entry about dismissal (termination of an employment contract) in an employee’s work record is made in the following order:

— in column 1 the serial number of the entry is entered;

- in column 2 - date of dismissal (termination of employment contract);

— in column 3, an entry is made about the reason for dismissal (termination of the employment contract);

- Column 4 indicates the name of the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date and number.

In the tables we present the correct formulations of the reasons for the dismissal of employees.