Dismissal by agreement of the parties: sample agreement and procedure for drawing up

Contract termination procedure

In order for the dismissal to be formalized correctly, it is necessary to adhere to the procedure established by labor legislation:

1. If the initiator is an employee, he can write a statement to the employer with a request to terminate the contract by agreement of the parties. The administration must approve it. If the initiative was taken by the employer, an oral form is sufficient to reach an agreement.
2. The application is recorded in the journal.
3. An agreement is drawn up in 2 copies. The document is sealed with the signatures of the parties. It should be noted that this point is not mandatory; the main thing is the existence of an agreement between the worker and the employer. Therefore, you can immediately move on to the next step.
4. The manager issues an order to terminate the contract.
5. The employee is paid the final payment and given a work book.

Let's look at each point in more detail.

Actions after publication

After the order is issued from the date indicated in it, the employment contract is considered terminated. All that remains is to complete the final steps to complete the process.

1. An entry is made in the appropriate section of the work book.
   It records the date of dismissal, the legislative basis for this is clause 1, part 1, art. 77 Labor Code, date and number of the order for the enterprise. The most typical wording is the following: “The employment contract is terminated by agreement of the parties.” The person who filled out the book, as well as its owner, leave their signatures under the entry, after which it is sealed with the seal of the organization.
2. An entry is made in the personal file in form T2.

3. 
   The issuance of a work book in person is registered in a special book for recording the movement of these documents. If the employee is absent at the time of dismissal, the employer should send him a notice by mail inviting him to pick up the document. In this case, the company relieves itself of accusations of deliberately delaying the issuance.

4. A final settlement is made, including unpaid wages for days worked, compensation for unused vacation, bonuses, payments by agreement of the two parties (if provided).
   If an employee is at work, he receives payment immediately upon dismissal. Otherwise, he can personally contact his former employer, who must pay the funds no later than the next day after such an appeal (part 1 of article 140, part 1 of article 127, part 4 of article 84.1 of the Labor Code).

A sample record of dismissal by agreement of the parties in the work book can be seen in this photo:

Termination Agreement

According to Art. 78 of the Labor Code of the Russian Federation, any contract can be terminated if the parties reach an agreement and compromise. Both the employee and the employer can act as the initiator of its termination. The proposal to terminate the working relationship is formalized in the form of an agreement. You will see a sample agreement on termination of an employment contract by agreement of the parties as an illustration to the article below.

It is drawn up in writing. It contains the following information:

• name of the document with information about the main agreement;
• Date of preparation;
• grounds for termination of the contract, clause 1, part 1, art. 77 Labor Code of the Russian Federation;
• date of dismissal of the employee;
• information about the absence of mutual obligations and claims between the parties;
• information that the company undertakes to issue him a final paycheck and work book on the day the employee leaves;
• signatures of the employer and employee.

For your reference, we offer you a sample agreement between the parties on termination of an employment contract.

This sample termination of an employment contract by agreement of the parties (2020) can be used as a template, changing only the names and dates.

Termination of an employment contract at the initiative of the employee

Whatever the advantages of dismissal by agreement of the parties, employees also leave at their own request. The reasons for this may be different, but the most likely are the following:

• The employee is not interested in the benefits provided by the status of a dismissed person by agreement - he has already found a better place where they are waiting for him and are ready to offer better conditions.
• The employee has committed a truly serious offense (for example, he has shown complete unprofessionalism or, even worse, he has been convicted of dishonesty), and therefore, in an effort to avoid dismissal under the article, he writes a statement “on his own.”
• Hellish conditions are created for an employee who “doesn’t fit into the team” (most often, a new one), forcing him to voluntarily leave, and at the same time it is not possible to agree on an “agreement” with his superiors. Such episodes are often defined by the expression “he was gone”;

Be that as it may, a letter of resignation is most often written under pressure from circumstances or when time is more valuable than money.

Application for termination of employment contract

The document is written manually (less often printed, this is acceptable, but signed personally) on a sheet of fourth format. It is extremely simple and includes in its form:

• The position of the head of the company from which the employee is going to resign, his last name and initials (dative case - the answer to the question “to whom”, for example: the general director of Vasilek LLC, I.I. Ivanov);
• The position held by the employee, the author of the document and his full name (genitive case - the answer to the question “who”, for example: 5th category mechanic P.P. Petrov);
• The word itself is “Statement”;
• Text “I ask you to fire me at your own request on (day, month, year)”;
• Date and signature.

It should be noted that in this case the motivation should not be indicated, even if the author of the statement is overwhelmed with emotions. The statement serves as the basis for the dismissal order.

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Deadlines

The manager, by virtue of his power, can respond to an employee’s application for dismissal in two main ways:

• Vacate the vacancy immediately, make a calculation and issue a work book even on the same day. This is done when there is no problem filling the staffing table.
• Retain an employee for the period specified by the Labor Code:

Compensation upon dismissal

Upon dismissal, the employee is given a paycheck. It includes:

• salary for actual days worked;
• compensation for unused vacation.

The Labor Code of the Russian Federation does not provide for any other special payments for employees dismissed on the basis we are considering. Therefore, compensation can be provided unless the employer has anything against it (Article 178 of the Labor Code of the Russian Federation). If the manager and employee have agreed on payment, information about this is indicated in the additional agreement to the contract. Compensation for termination of an employment contract by agreement of the parties can be determined by a specific amount, or it can be determined by the number of employee salaries.

Entitled payments

Not in all cases, additional monetary payments are due under the concluded agreement. If they were not agreed upon in the document itself or there are no explicit indications of compensation in the collective agreement, then upon dismissal the employee will receive only the following monetary accruals:

• money for actual work time, taking into account bonuses and allowances;
• payment for unused vacation (Article 127 of the Labor Code of the Russian Federation).

Article 127 of the Labor Code of the Russian Federation “Exercising the right to leave upon dismissal of an employee”

Each employee is entitled to annual leave, which in standard cases is 28 calendar days. The administration does not always provide it completely. Therefore, unused vacation days often accumulate. It's worth knowing that they don't disappear. According to labor law, they must be fully compensated upon dismissal.

Every month, for the time worked, everyone is entitled to 2.33 days of vacation. The vacation amount is calculated from the average daily earnings, which is obtained from the salary for the last two years. Next, the average value is multiplied by the number of vacation days that were not used.

Calculator for calculating the amount upon dismissal, as required wages and for unused vacation pay:

Go to calculations

This money must be issued on the employee's last day of work. If he is absent from work, payments are made no later than the next day.

The agreement may stipulate that the employee, before his dismissal, can receive all the days of his unused vacation. In this case, he will be accrued vacation pay, and the day of his dismissal will be considered the last day of the next vacation.

In addition to money, an employee has the right to count on assistance from his former employer in the field of employment. It may be as follows:

• providing a letter of recommendation;
• drawing up a positive description;
• offering vacancies from familiar employers with related industries;
• providing transportation to the place of new work.

Video - Payments to employees upon dismissal

Sample dismissal order

After the agreement to terminate the contract is drawn up and signed by the parties, the administration issues an order to terminate the employment contract by agreement of the parties. The order is drawn up according to the unified standard form T-8.

The normative act states:

• grounds for dismissal;
• date of the employee's last day of work.

The departing person must be familiarized with the order against his signature.

Who benefits from the agreement: the employer or his subordinate

A severance agreement is called an agreement because it is usually of interest to both parties. For example, an employee can bargain for good “compensation” - their amount is not limited by law (it is worth noting that if they are not specifically specified in the document, settlement funds will be paid in the amount provided for by the legislation of the Russian Federation). Through this document, the employer gets the opportunity to get rid of an “unnecessary” employee, and (which is especially important!) after signing the agreement, the employee will no longer be able to unilaterally refuse dismissal or change its terms.

And the most important advantage of the agreement is that the date of dismissal is set based on the interests of both parties: for example, two days, or maybe two months, may pass from the moment the agreement is drawn up to the immediate termination of the employment contract.

Recording in labor

On the day of dismissal, information is entered into the employee’s work book that the contract was terminated by mutual agreement of the parties in accordance with Art. 77 Labor Code of the Russian Federation. The record is certified by the signature of the head of the personnel department and the seal of the organization. As a sign of familiarization with the entered information, the employee places his signature next to the entry. In a specially designated column, the details of the order, which became the basis for terminating the working relationship, are indicated.

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

Instructions for compilation

The regulations provide a standard example of an order in form T-8 for the dismissal of an individual employee and T-8a for several (Resolution of the State Statistics Committee No. 1 of 01/05/2004).

An enterprise can develop its own template, but it usually contains the same points as the official one, since they are provided for in Part 2 of Art. 9 of Law No. 402-FZ of December 6, 2011.

1. Full name of the organization, its organizational and legal form.
2. Document Number.
3. Date of.
4. The title of the document is an order to terminate an employment contract with an employee (dismissal).
5. Number, date of the employment contract that is being terminated.

6. 
   Date of dismissal.

7. Employee's full name.
8. Personnel Number.
9. Structural subdivision.
10. Position held, rank, class.
11. The legislative basis for terminating the contract is clause 1, part 1, art. 77 TK.
12. The internal document that is the basis for the order is a formalized agreement of the parties, if any, or a statement from the employee.
13. Signature of the head of the enterprise.
14. Date and number of the decision of the trade union body (optional, because dismissal by agreement of the parties does not require its mandatory consent).

The employer is obliged to familiarize the employee with the text of the document, where he must sign, leaving the inscription “I have read the order.”

In the absence of an employee or his refusal to sign in accordance with Art. 84.1 of the Labor Code, an entry is made on the document.

How to correctly draw up a dismissal agreement by agreement of the parties

There is no standard form for a dismissal agreement by agreement of the parties. The document is drawn up in any form, but taking into account the mandatory points.

The beginning of paper design is writing the title. It should be located in the middle of the line. Below, on the next line, the date and place of compilation is written. Next comes the introductory part, which names the parties to the agreement.

Information about the company presented in the document: full name, position of the manager, his full name (in full), a document allowing him to conduct his activities in the interests of the organization.

Information about the employee: full name (full name), position held. In some cases, it is necessary to indicate other information (passport details, place of registration, etc.).

Note! It is advisable to place all points of the document separately from one another, and separate the terms of the agreement on which the parties have come to a common opinion into a separate part. This will make the document easier to understand.

The main part contains information about the employment contract that is supposed to be terminated. In addition, a link is given to articles of labor legislation on the basis of which a dismissal procedure of this type becomes possible. The date from which the employment contract terminates and the employee is dismissed is also specified here.

The next stage of drawing up the paper is to list the obligations of the company’s management, which it undertakes to fulfill before the employee’s last working day. We are talking about payment of wages, severance pay, transfer of documentation required under the dismissal procedure, as well as other conditions reached as a result of the agreement.

The amount of compensation that the employee receives according to the agreement reached is also indicated in the agreement.

The payment amount is recorded in writing (in words and numbers).

Since compensation is not always paid, and the parties did not further agree on it, this fact is also reflected in the document. Sometimes the method of payment is documented, for example, through a cash register, transfer to a bank account, cash, etc.

Is it necessary for an employee to write a letter of resignation?

Since you have a formalized agreement, and all the conditions of dismissal are indicated there, as well as the signatures of the parties, it is not necessary to write a separate letter of resignation by agreement of the parties. But even if you write such a statement, it will not be superfluous.

According to the law, either party can initiate termination of the contract. If you write an application and the employer endorses it, then we can assume that an agreement has been reached between you.

It is important to indicate in the document all the conditions of dismissal. If this information is already available, there is no need to prepare a separate written document; everything is said in the application.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Labor legislation

In the Labor Code of the Russian Federation, the described process is reflected in one short sentence in Article 78.
It states that the contract between the employer and the employee can be terminated at any time by agreement of the parties.

The essence of Article 78 of the Code does not contradict Article 452 of the Civil Code of the Russian Federation.

In fact, the organization and the employee themselves specify the mutually beneficial terms of this agreement.

The phrase “at any time” indicates that the relationship can be terminated during vacation, sick leave, or probation.

Legal requirements for the form of agreement

The law does not regulate the form of concluding this agreement, but, obviously, it must be in writing. In practice, contracts are terminated in the same form in which they were concluded. The parties do not have to use a sample to draw up the text; the main thing is that the document contains all the necessary conditions that allow it to be identified as an agreement. For convenience, an enterprise can develop and unify a standard form for such cases, making the necessary changes for each specific case. The agreement must contain:

• Full names and positions of the parties. The details of the employee and the head of the enterprise or person who is authorized to act on behalf of the organization in such situations are indicated.
• Grounds for termination of the contract with reference to the relevant article or part of the Labor Code of the Russian Federation.
• Details of the contract that was concluded with the employee.
• The date on which the employee must vacate the position.
• Agreement on payment of compensation and its amount, if the parties have reached this condition.
• Other conditions that the employee and management came to during negotiations.
• Date of preparation.
• Signatures of the parties.

Important! If the document does not contain the basic conditions: the date of dismissal, the fact of termination of circumstances, the entities that terminate the contract, it will be invalid.

Also, instead of a separate document, an employee’s statement with the employer’s resolution can be used. The legislator does not establish any prohibitions that would prevent this form, so the employee must carefully draft the text of the employer’s notice and indicate in it all the desired conditions.