Agreement on termination of an employment contract by agreement of the parties

Why is it worth making an agreement?

Dismissal can occur in three main forms:

• at your own request;
• “according to the article”;
• peacefully, i.e. by agreement.

All of them are encountered quite often in practice, but it is the third option that is considered the most acceptable and desirable. This is due to the fact that it has some advantages both for the employee of the enterprise and for his employer.

The positive aspects for the employee are quite obvious:

1. He can leave without “working off”, or, conversely, has the opportunity to request the time he needs to look for a new job (above the usual two weeks).
2. With the consent of management, he can receive decent “compensation”.
3. And in the employment service, if a person who quits by agreement of the parties decides to register there, the benefit will be much larger than in other cases.
4. In addition, if the employee can maintain a good relationship with the former employer, the employee is likely to receive exceptionally good letters of recommendation - and such arguments often play a fundamental role in the decision to accept a job from large company recruiters.

Advantages of dismissal by agreement for the employer:

1. The likelihood that in the future the employee will withdraw his application for termination of the employment relationship is reduced to zero (which is extremely important in cases where the employee has become redundant or unwanted for some reason).
2. With this form of dismissal, there is no need to listen to the opinion of the trade union cell, which, as is known, does not always coincide with the opinion of the employer.
3. If for some reason the case reaches the judicial service or the labor inspectorate, the enterprise management will have evidence that everything happened according to the law (of course, if the procedure is completed in compliance with all the necessary formalities).

Sample of filling out a work book upon dismissal in 2019

A sample of the correct record of dismissal in the work book in 2021 will help you navigate in filling out the documents.

When registering a dismissal, 4 columns are filled in:

1. The first column in the “Job Information” section is the serial number of the entry. The numbering is continuous and does not depend on each new employer.
2. The date of dismissal, which is stated in the order (in Arabic numerals in the format day, month, year, for example, 06/06/2016).
3. Grounds for dismissal, indicating the relevant article.
4. The word “Order” with the date and number of the dismissal order.

All records made during work in one organization are certified with a seal, signed by the employee himself (clause 35 of the Rules for maintaining and storing work books:

A sample entry in the work book about dismissal for absenteeism, for another reason, will differ only in the third paragraph. It will indicate paragraph. “a” clause 6, part 1, art. 81 Labor Code:

Cons of the agreement

To be fair, it should be said that terminating an employment relationship by agreement also has its downsides. In particular:

• in most cases, the employee does not have the right to withdraw his application unilaterally;
• The company's management can fire him even during a period of temporary incapacity.

Sometimes employers refuse to reach an agreement with an employee, especially if the latter has previously committed a serious offense.

Step-by-step instructions for dismissing a fixed-term employee

The dismissal procedures upon termination of a fixed-term employment contract include the following steps:

1. delivery of written notice to the employee;
2. preparation of a dismissal order;
3. obtaining the employee’s signature on the order;
4. calculation of payments;
5. issuance of the accrued amount in person on the last working day;
6. making an entry about dismissal upon expiration of the fixed-term employment contract in the work book and personal T-2 card;
7. handing over documents to the employee.

Registration of notice of dismissal

An important step that should never be skipped. Article 79 of the Labor Code of the Russian Federation obliges employers to notify a fixed-term employee in advance about the upcoming expiration date of a fixed-term employment contract.

This is done with the help of a written document - a notice, which will indicate the fact of termination of the employment contract due to the expiration of its validity period.

If the agreement was valid in connection with the replacement of an absent employee, and the term of this agreement expired on the day the permanent employee left, then the notice must be given directly on the day the permanent employee returned to work.

If a fixed-term employment contract was concluded for the duration of a certain amount of work, then the notice must be given to the employee three days before the date of dismissal.

It is better for the employer to prepare two copies of the notice - for himself and for the employee. On the copy intended for the employer, the employee must put his signature confirming receipt of the document.

The form of notification is arbitrary, indicating the fact of dismissal due to the expiration of the employment contract.

Other steps upon dismissal

The other steps of the registration procedure are almost identical for all grounds for dismissal.

The order is generated using the standard T-8 form; the order must indicate the basis and clause of the Labor Code of the Russian Federation - “expiration of the employment contract, clause 2 of part one of Article 77 of the Labor Code of the Russian Federation.” In the ground field, you need to enter a clause in the fixed-term employment contract, which specifies the expiration date of the agreement, as well as the number and date of notification of the upcoming dismissal.

After preparation, the order is handed over to the employee for review. After the employee has studied the order, he must put his signature below in the appropriate field. If it is impossible to sign, you must make a corresponding note in the order.

The calculation of payments is carried out using the standard form T-61; this is a calculation note intended to calculate all charges and deductions to the dismissing employee. If there is unused vacation left, then you need to calculate monetary compensation for it. The calculation is carried out in the same way as for vacation pay in the usual case. If a fixed-term employment contract has a validity period of less than two months, or it is concluded for the duration of seasonal work, then the number of vacation days is determined as two days for each month of work.

A record of dismissal is made in the work book, the first column contains the item number, and the second column contains the phrase indicated above, which serves as the basis for dismissal. The last one contains the number and date of the dismissal order. All words are written in full, there should be no abbreviations. The entry is certified and sealed with a seal. Next, the fixed-term (temporary) worker himself puts his signature.

The last section of the dismissal record is entered into the personal card.

On the last day, the fixed-term worker must be given money and documents, including a work book, a certificate of income for 2 years, 2-NDFL, and other documents related to the person’s work activity.

If the deadline for dismissal is missed, and the employee does not receive any written notices, then it will be considered that the employment contract has moved from the category of fixed-term to indefinite. At the same time, the employee continues to work under the same conditions.

Early termination of a fixed-term employment contract

It is possible to terminate an employment contract without waiting for its expiration date. In this case, the grounds will be the same as those provided for a permanent employee:

• agreement of the parties - dismissal can be issued on any day;
• the employee’s own desire - in this case, a statement from the employee is required;
• employer's initiative - staff reduction, violation of discipline, failure to fulfill duties, inappropriate behavior.

In this case, the dismissal must be formalized in the same way as when dismissing a permanent employee working under an open-ended employment contract.

Procedure for dismissal by agreement

In order to dismiss an employee by agreement of the parties, it is necessary for him to write a corresponding statement.

The application must be submitted to a HR department specialist no later than fourteen days before the expected day of dismissal (permissible earlier if the parties have reached such an agreement).

After the application is accepted, the management of the enterprise issues an order, on the basis of which an agreement is written.

During the period remaining until the day of dismissal, the personnel officer is obliged to prepare all documents and supplement the entries in the personal card of the resigning person and his work book, and the accounting staff at this time must have time to accrue settlement funds.

When it is necessary to notify the organization and how long you have to work

The conditions for terminating an employment contract at the employee’s initiative presuppose the completion of tasks in the same place and for a certain period of time. A similar rule is fixed in the Labor Code of the Russian Federation. Moreover, the specifics of completing the work may vary depending on the type of employment. If a person is working on a probationary period or performs seasonal activities, the manager must be notified at least 3 days in advance. In this case, the moment of filing the application is also included in this period.

If an employee holds a leadership position, is an athlete or coach, and performs activities under an agreement for more than 4 months, the work period is 30 days. An application must be submitted within this period. However, the period can be reduced to 14 days if there is a similar clause in the contract or this nuance is agreed upon in advance with management. However, working off is sometimes excluded. This is possible if the employer committed a violation of the labor code or there are good reasons. In this situation, the agreement is terminated on the day of application.

Drawing up an agreement

There is currently no unified, standard form of agreement on termination of an employment contract, so company employees can create this document in free form, or, if the organization has a developed and approved sample, using its template. The main requirement that must be met is that the composition of the agreement meets certain rules of office work, and in relation to the text it contains a number of certain information.

The structure of the document can be divided into three parts: the header, the main section and the conclusion.

The name of the employer company, place, and date of conclusion of the agreement are entered in the “header”.

The main part of the agreement includes information about the employee:

• his position;
• FULL NAME;
• reference to the employment contract, on the issue of termination of which the parties have reached an understanding (number, date of conclusion);
• the fact of reaching an agreement is recorded;
• the date on which the employee leaves.

If there are any additional terms of the agreement, they must be included in the document.

It is necessary that the document be endorsed by the head of the organization (or a person authorized to act on his behalf) and the resigning employee.

If the regulatory legal acts of the enterprise stipulate a requirement to certify papers using seals, the form must be stamped.

Termination of a part-time employment contract

According to Russian labor legislation, part-time employees enjoy the same rights as main personnel. Accordingly, the procedure for his dismissal is identical to any other similar one. The grounds for terminating an employment contract with a part-time worker may be:

• Application requesting voluntary resignation;
• Agreement of the parties, expressed and documented;
• Order from the manager to reduce or change staff;
• Expiration of the employment contract.

After dismissing an employee from his main position, part-time work becomes his main job (even if the workweek is incomplete), so dismissal with the intention of hiring another employee (full-time) will be illegal.

Registration of dismissal of an employee working part-time

Termination of a contract with a part-time worker is documented in the form of an order, which indicates the following details:

• Last name, first name and patronymic of the dismissed employee, his position and personnel number;
• Date of dismissal;
• Reference to the legal norm according to which the employment contract is terminated;
• Information about compensation or deductions;
• Manager's signature;
• The employee’s signature indicating that he has read the order.

How the process is initiated and the terms of the agreement are determined

Both the employee and the employer can initiate dismissal, but it is important to obtain the consent of the other party. A dismissal agreement is characterized by the presence of a bilateral expression of will, so it will not be possible to forcefully terminate a contract with an employee using this basis.

If the initiator of the procedure is an enterprise, in most cases the employee is notified in writing. This is due to the customs of business correspondence, which regulate the execution of a notification of a desire to terminate a relationship in the same form as the agreement sealing it. To develop the text of a proposal to terminate a contract, you can use a sample, but the law does not prohibit drafting it in any form. It is important in the document to indicate the grounds for dismissal, the expected date and conditions for the employee.

In what cases is a fixed-term contract terminated early?

A temporary contract is terminated at the request of the employee on a general basis in accordance with Article 80 of the Labor Code of the Russian Federation. In some situations, he is forced to submit a letter of resignation for reasons beyond his control.

Dismissal at your own request

If an employee initiates early termination of an agreement, he is not required to give any explanations about the reasons for his decision. It is enough to notify the employer about this in advance.

The application must be submitted within the following deadlines:

• for contracts concluded for a period of more than two months - two weeks;
• for agreements with a validity period of less than two months - three days;
• during the probationary period - three days;
• under a contract for seasonal work - three days in advance;
• for contracts of employees of internal affairs bodies - one month.

Federal laws may establish other time frames for applying for termination of a contract at will.

Example 1. E.B. Popov was accepted into the LLC company under a fixed-term contract for seasonal work. He worked as a mechanic on river transport for two months and found another job. E.B. Popov submitted his resignation of his own free will three days before the termination of the agreement.

Dismissal for objective reasons

The Labor Code of the Russian Federation provides for cases when an agreement is terminated due to the inability to continue work.

A citizen is dismissed early if:

• he was called up for military or alternative civilian service;
• the death of the employer has occurred;
• the employee who previously held his position was reinstated through the court;
• a court sentence has entered into force, providing for a prison sentence;
• military operations began, a major accident, catastrophe, or other emergency occurred;
• a penalty of disqualification has been imposed;
• the document giving the right to engage in a certain type of activity has expired;
• access to state secrets has been terminated;
• the court's decision to reinstate him was overturned;
• other circumstances provided for by law have been established.

In these cases, the contract is terminated regardless of the will of the parties.

Example 2. A.G. Maslenko works as a security guard at an LLC company under a temporary employment contract. Two months before the end of the agreement, he was called up for military service. The employee filed a letter of resignation on the basis of clause 1 of part 1 of Article 83 of the Labor Code of the Russian Federation.

Nuances

If the employment contract has expired and the employee is on sick leave, then the manager has every right to dismiss the employee without waiting for the moment he leaves the hospital

However, it is very important to warn the employee in time about the upcoming layoff due to the termination of the TD. Otherwise, if the employee remains unaware, then the employment contract becomes unlimited

You can notify a sick employee by sending a telegram with acknowledgment of delivery. If the employee tries to challenge the dismissal, the employer will have evidence of an attempt to notify him by telegram.

If the employer does not intend to part with the employee at the end of the employment contract, then you can simply not notify the employee, then the fixed-term contract becomes indefinite. However, it is better to draw up an additional agreement to the official document.