Sample notice of termination of a fixed-term employment contract

Samples of resignation letters

How to correctly fill out an application for termination of a contract by agreement of the parties or at the initiative of the employee?
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• Termination of the contract by agreement of the parties
• How to terminate an employment contract by agreement of the parties
• Agreement on termination of employment contract
• Notice of termination of contract
• Term
• Delivery procedure
• Contents of the notice
• Termination of an employment contract at the initiative of the employee
• Application for termination of employment contract
• Order to cancel an employment contract
• Conditions and reasons for cancellation
• Sample order
• Termination of a part-time employment contract
• Registration of dismissal of an employee working part-time
• Conclusion

Almost every person with a long career has quit at some point. For better or worse, the days when you could come to a factory as a seventeen-year-old boy (or an equally young girl) and work there until retirement are over. The reasons for leaving work are different, and they do not always depend on the employee, and since such events are common, it is very important that they occur in a legal manner without reproach. The legal procedure for terminating an employment contract is regulated by articles of the Civil Code of the Russian Federation, written in the concrete, dry language of lawyers and judges, and therefore some comments are probably required. How to resign (or be fired) in [yaer] year?

Termination of the contract by agreement of the parties

When occupying a vacancy, an employee enters into an agreement with the employer, according to which he performs certain duties specified in his job description, for which he receives a salary and a package of social guarantees. This agreement may not have chronological restrictions or be urgent (for a certain period). If during this time any changes occur that affect the feasibility of further cooperation, the terms of the agreement may be revised at the initiative of one of the parties, up to its complete termination. There are different reasons:

• The duties for which the employee was hired have lost relevance due to significant circumstances that have arisen, and he does not want to perform others;
• The employee has found a more profitable employment option for him;
• Other possible reasons.

An employment contract can be terminated in court if:

• Its terms are significantly violated by one of the parties: for example, the employee ignores the requirements of labor discipline, the employer does not provide normal conditions or does not make payments stipulated by the agreement, etc.
• In other situations listed in the Civil Code of the Russian Federation.

At the same time, it is necessary to highlight the advantages of an amicable resolution of the contradictions that arise. In some cases, the parties can conclude a deal and make changes to the contract, updating the document and bringing it in accordance with the circumstances that have arisen, without bringing the matter to dismissal. At the same time, it itself remains in force, having included new conditions (additions).

If this is not possible, the employer and employee, by mutual agreement, terminate the employment contract early.

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The difference between voluntary dismissal and termination of an employment contract by agreement of the parties has a material aspect. Upon becoming unemployed, an employee who is dismissed by agreement of the parties, in contrast to someone who leaves his position at his own request, receives the right to a monthly benefit accrued immediately.

How to terminate an employment contract by agreement of the parties

The procedure for terminating the employment relationship between an employer and an employee is regulated by the legal norms specified in the Civil Code of the Russian Federation, in particular, paragraphs 1 and 2 of Article 450. The initiator of termination of the contract performs the following actions:

• Notifies the other party of his intention;
• Draws up the text of the agreement itself.

The form is allowed to be arbitrary, but must necessarily contain the following information:

• About who reaches agreement and with whom, that is, about the parties to the agreement;
• The time of conclusion of the employment contract, its number (if it was assigned) and the date of its termination;
• Conditions under which the contract will be terminated (including obligations for the possible completion of work begun or compensation for monetary costs);
• Assurance that the parties have no claims against each other (if there are none);
• Other clauses protecting the parties from mutual legal proceedings;
• Employer details – complete, as well as the information of the dismissed employee specified in the contract (passport number, address, INN, etc.);
• Signatures of the parties and seal of the economic entity (if necessary).

The employee refuses to terminate the employment relationship

Not wanting to terminate the employment relationship or based on other considerations, the employee may refuse to sign the document. The action of a staff member must be recorded on paper in the form of an act of refusal to sign. A commission is assembled, usually consisting of a personnel inspector and several subordinates from different departments, then the employee’s behavior is recorded in a document.

The text of the act repeats the meaning of the notice, but the final part contains information that the dismissed employee was notified of the upcoming termination of the employment relationship, but refused to sign the notice. At the final stage of drawing up the act, several fields are created corresponding to the number of participant-witnesses (at least two) who put their signatures (with a transcript). It is also proposed to sign the dismissed employee.

The most difficult is considered to be delivery when an employee is on vacation , since the employee is not obliged to interrupt his vacation for this reason. The employer in this situation will have to wait until the person's first day of work to serve the notice. A similar procedure remains the same when the employee is on sick leave.

An additional reason is a violation of the Labor Code of the Russian Federation, which interprets dismissal while on sick leave or on vacation (except for leaving the company at one’s own request) as a discriminatory moment (Article 81).

Agreement on termination of employment contract

The reasons why the dismissal of employees is most often carried out by agreement of the parties is due to the obvious advantages of this particular form of termination of the employment contract. These include:

A conflict-free way out of the current (sometimes ambiguous) situation. For example, it happens that an employee hired for a certain vacancy simply “cannot cope” with the duties assigned to him. In this case, the HR manager made a mistake, and it is absolutely not necessary to hold the employee responsible for it.

It even happens that the qualifications of the hired worker are too high, and the company cannot offer decent pay. And if this person has received a tempting job offer, then he himself wants to leave, and in an amicable way, without spoiling the relationship.

And finally, there are often cases when a boss simply cannot find a common language with his subordinate due to differences in character, and it is difficult for them to work together.

Even an employee who performs his duties extremely poorly can be released calmly, without drawing up the acts required for dismissal under the article (this procedure is not easy - it requires effort, nerves and time).

In any case, it is much easier to resolve the issue through more or less friendly negotiations and come to an agreement that suits both parties.

In terms of legal registration, the procedure has not undergone significant changes as of 2021.

Notice of termination of contract

Suddenness is undesirable in any life circumstances, therefore, the initiator is obliged to warn his second counterparty about such an important event as the termination of an employment contract, regardless of the prescribed conditions. If this action is not taken, the subsequent termination of the relationship may be interpreted as a unilateral refusal of the obligations assumed and may give rise to legal action.

Term

The termination of a fixed-term contract should be notified in advance, just as with other possible options (by agreement of the parties, at one’s own request, cancellation, etc.), but no later than three days before the expiration date of the document. The fact is that in some cases its terms provide for automatic extension of validity if neither party has expressed a desire to terminate cooperation, or such an interpretation of the content of the document is acceptable.

As a rule, the employment contract itself contains clauses stipulating the procedure for its termination, including the period for responding to the notice, but if it is not specified, then the default is thirty days.

Delivery procedure

The notice must be prepared in writing and served in one of two ways that cannot be denied:

1. Personally signed on the second copy;
2. By registered mail with the sender's notification of receipt by the addressee (the date of the postmark is considered the beginning of the period).

If a letter notifying the termination of an employment contract is delivered, but a response is not received within the prescribed period, the sender has the right to appeal to the courts.

Contents of the notice

The text of the notice of the upcoming termination of the employment contract can be drawn up arbitrarily, but must certainly contain:

• Full information about the addressee and addressee. In other words, at the beginning of the document the details of both parties to the contractual relationship are indicated: the employer and the employee, indicating to whom and from whom it is sent;
• The date of this document;
• Number and date of the contract to be terminated;
• Reasons for termination of relations with reference to legal norms;
• Various clarifications regarding deadlines and fulfillment of other conditions.

If the notification is addressed to an employee, it is usually carried out using company letterhead, registered as outgoing and signed by an authorized person (manager, deputy manager, head of the personnel department, etc.)

In case of refusal to receive, an act certified by the signatures of two witnesses is drawn up.

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Time limit for notifying the employee

The period for notifying an employee of dismissal from the company and termination of the employment contract with him directly depends on the situation in connection with which such a decision occurs:

1. When terminating a fixed-term employment contract due to the expiration of its validity period, the employer is obliged to notify the employee no less than three calendar days before the planned date of dismissal. This condition is stated in paragraphs 1 and 3 of Article 79 of the Labor Code of the Russian Federation.
2. When terminating employment contact with an employee due to the liquidation of an enterprise or a reduction in the number or staff of workers, in accordance with Article 180 of the Labor Code, the employer is obliged to notify the citizen personally no less than two months before the expected date of dismissal.
3. In case of dissatisfaction with the results of the test work, the head of the enterprise, when making a decision on early termination of the employment relationship, is obliged to notify the employee about this no less than three days before the planned date of dismissal.

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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:

Order to cancel an employment contract

An employment contract can not only be terminated in the following ways, but also be declared not to have entered into force. Moreover, if the document has already been printed and signed by the parties, it cannot simply be destroyed, since one copy was issued to the employee (albeit a failed one). It is necessary to carry out the cancellation procedure.

Conditions and reasons for cancellation

The contract can be canceled if the employee concluded it, but did not begin his duties within the agreed period. This condition, as mathematicians would say, is necessary but not sufficient. Based on Article 61 of the Labor Code of the Russian Federation, the manager has this right, but is not obliged to follow it. Perhaps he will consider the reasons for the employee’s absence from work to be valid and will postpone the date of his hiring.

Sample order

The document on the basis of which the employment order is canceled is executed in the order of current office work in the form of an order from the head of the enterprise. Sample of filling out this document:

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As a rule, it is printed on the organization’s letterhead and signed after review by the immediate supervisor of the failed employee and the personnel officer. If an entry in the work book has not yet been made, then nothing is entered into it, otherwise it is crossed out, marked “canceled” and certified with the seal of the enterprise.

Which organizations should be reported?

The manager does not need to notify the Pension Fund, the Federal Migration Service or the Federal Tax Service of the termination of the employment contract, since he signs the documents submitted to the tax office on a monthly basis. From them, these organizations will become aware that there is one less employee in the enterprise database.

This is important to know: How to register additional agreements to an employment contract

Organizations that should be aware that a person has been removed from office:

• military registration and enlistment office - if the employee is a citizen of the Russian Federation and is subject to military registration (he is given a bypass sheet and sent to the appropriate organization);
• Federal Migration Service , if a foreign worker was hired (deadline - no later than three days before the end of the contract).

Management is obliged to promptly submit reports to Rosstat on the number of hired and dismissed employees.

This is done once a quarter.

No further organizations need to be notified.

How to indicate the terms of remuneration in an employment contract? Find out here.

You can read about the types of employment contracts here.

Example of a notification:

Sample employee notice

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 to introduce an employee?

Since only the manager has the right to make a decision to dismiss an employee, only he or his deputy (or on their order) has the right to provide notice.

There are two ways to familiarize an employee with a document:

• hand over personally at the workplace;
• send by registered mail with a description of the attachment and confirmation of receipt (if the employee is absent).

When the document in question is received, the dismissal is formalized.

There are situations when an employee refuses to sign a notification form.

Then you need to do the following:

• Draw up an act where the refusal will be recorded. It is advisable to do this in the presence of two witnesses - it proves the fact of advance warning and compliance with the law.
• Register the fact of refusal in a special journal.
• Create an order to terminate the employment contract. Indicate the grounds in accordance with the templates developed by the State Statistics Committee: “Form T-8” - an order to terminate an employment contract with an employee or “Form T-8 a” - an order to terminate an employment contract with several employees.
• Register the order in the journal.

An example of drawing up an act of refusal of an employee:

Sample act

Sample documents:

Legally correct execution of the notice of termination of the employment contract and other documents will help to avoid many problems in the event of litigation.

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