Application for dismissal by agreement of the parties: sample 2021

In certain situations, the employer and employee may come to the conclusion that the employment relationship between them should be terminated. In this case, the optimal solution may be to terminate the employment contract in accordance with clause 1 of part 1 of Article 77 of the Labor Code of the Russian Federation, that is, on the basis of mutual agreement of the parties.

Both a subordinate and the head of the company can initiate dismissal. The employee’s initiative must be formalized by an appropriate resignation letter, which we will discuss in this article.

Is it necessary to write a letter of resignation by agreement of the parties?

Article 78 of the Labor Code of the Russian Federation does not answer the question of whether it is necessary to write a letter of resignation by agreement of the parties. It is understood that both the employer and the employee have the right to initiate termination of the contract. Labor relations are terminated by mutual agreement. Participants confirm their decision by signing an agreement.

Neither participant has the right to force the other to sign such a document. Dismissal on this basis is made voluntarily.

In practice, the employee writes a letter of resignation. This document initiates the process of terminating the employment relationship. It is a formal proposal to terminate the contract by mutual agreement. If the employer does not object, he draws up an order and agreement to terminate the contract.

The employer may be the initiator of termination of the relationship. He sends the employee a proposal to terminate the contract. If the employee agrees, the HR department prepares the necessary documentation.

How to write correctly and whether to include a clause on payment of compensation?

If the initiative to terminate the employment relationship comes from the employee, he must contact the employer with a corresponding written application. At the legislative level, there is no unified form for an employee’s application for termination of an employment contract , however, it must contain certain information.

The document can be handwritten or printed on a computer - the main thing is that it contains the handwritten signature of the person who wishes to terminate the employment contract.

Let's look at writing an appeal to an employer using the following example.

First of all, as in any other document addressed to the employer, the application for dismissal by agreement of the parties must include the so-called header, that is:
last name, first name, patronymic, position of the employee wishing to resign.
Then you need to indicate the name of the document - application.
The main part of the document should contain the following information:
request for termination of the employment contract in connection with the agreement of the parties;
indication of the article of the Labor Code of the Russian Federation on the basis of which the dismissal will be made (Article 78 of the Labor Code of the Russian Federation or clause 1 of part 1 of Article 77 of the Labor Code of the Russian Federation);
date of termination of official legal relations;
date of writing the application.
At the end of the application, the employee puts his signature with a transcript.

In the application you can write “I ask to be fired on such and such a date” or “I ask to be fired on such and such a date.” In the second case, the last day of work will be considered the day specified in the application, in the first - the date preceding it.

It should be borne in mind that in some cases, upon termination of the employment relationship, a subordinate has the right to expect payment of certain compensation. The law does not establish either the employer’s obligation to pay it or the amount of compensation. Nevertheless, local acts adopted by the enterprise containing labor law norms may establish the employee’s right to receive a compensation payment.

If dismissal by agreement of the parties involves the payment of compensation, the amount of compensation may be specified in the employee’s appeal addressed to the employer. In addition, at the request of the employee, the document can indicate:

the number of outstanding vacation days that the employee can use before terminating the contract;
information about the employee’s transfer of office equipment, equipment, furniture for which he is the responsible person.

Dismissal on the basis of Article 78 of the Labor Code of the Russian Federation does not require the employee to work for a two-week period, as in the case of termination of an official relationship on his initiative.

If a subordinate wishes to attach any additional documents to the application addressed to the employer, they must be listed separately in the application.

At the same time, it should be borne in mind that the main document for terminating an employment contract on the basis of Article 78 of the Labor Code of the Russian Federation is the dismissal agreement. Accordingly, the employee’s request itself can be laconic, as in the example given, and all issues relating to monetary payments and dismissal without work must be stipulated directly in the agreement, a sample of which is given below.

The next step, after the employer has reviewed the application and expressed consent, is for the parties to draw up a written agreement, which may look like this.

How to fill out an application correctly?

The paper is drawn up in simple written form in two copies. As a rule, the HR department employee provides a sample to fill out.

The following information is entered into the form:

Full name of the head of the company;
position, full name of the employee;
document's name;
a request to dismiss by agreement of the parties;
the expected date of termination of the contract;
paper filing date;
employee signature.

Information about the appeal is entered into the registration log. The employee’s copy is marked with receipt and signed by the employee who accepted the paper.

Sample letter of resignation by agreement of the parties

(MS Word)

Recommendation! It is advisable to additionally specify the conditions for leaving your position regarding the amount of compensation, the number of days of unused vacation, information about the transfer of inventory. These will be included in the termination agreement.

Formulation of dismissal in the work book

A phrase is entered into the work book in accordance with the instructions for filling out labor documentation, which are approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

The wording contains a reference to Article 77 of the Labor Code of the Russian Federation.

The entry in the work book refers not to Article 78, but to Article 77 of the Labor Code of the Russian Federation.

Sample note in the work book: “Dismissed/Dismissed by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation”:

The manager does not have the right to force an employee to resign by agreement of the parties. The principle of voluntariness applies here; only a mutually agreed upon decision provides such an opportunity.

Compliance with legal provisions will ensure the completion of the procedure without recourse to the courts.

Deadline for submitting a resignation letter

The Labor Code of the Russian Federation does not establish a time frame for filing an application for resignation. A citizen has the right to indicate the expected date in the document. He doesn't have to work for another two weeks. Later in the negotiation process, the parties may postpone the termination of the contract to another day.

You should pay attention to the wording. It is necessary to write not “from January 14, 2021”, but “January 14, 2019” . The second option will allow you to avoid discrepancies when determining the last working day, which coincides with the date of leaving the position.

It is important to know! Illness and other circumstances cannot serve as grounds for postponing the termination date of the contract. The work book is given to the former employee after recovery.

Possible errors when preparing documents

Competently drafting and submitting a letter of resignation is considered one of the main stages of the procedure for terminating relations by agreement of the parties. Since there is no unified writing pattern, it is enough to adhere to the standard form. Despite this, inaccuracies are made by both HR employees and staff. The following errors are considered the most common.

Lack of reason for leaving or its incorrect formulation. The form must indicate that the subordinate is asking to be dismissed by agreement of the parties on the basis of clause 1 of Art. 77 Labor Code of the Russian Federation.
The date of termination of the contract is not specified. Usually the day of departure is determined in advance, and this fact is reflected in the agreement. But the application must contain all the necessary information, including this.

Another mistake is the insufficient detail of the conditions for terminating the contract. The agreement must clearly spell out all the nuances of the oral agreement. Of particular importance are the following information:

basis of care;
date of dismissal;
the amount of compensation and the day of their payment;
timing of the transfer of material assets (if the employee is responsible for them).

A carefully drafted document will help avoid disputes and misunderstandings in the future.

Typical mistakes made when drawing up an application

It happens that employees fill out the paper incorrectly. Often they do not write the basis for leaving “by agreement of the parties . If the text only states the date of termination of the contract, the employer may regard the employee’s decision as an intention to leave of his own free will.

Please note that the text contains the signature of the employee. Without it, the document is considered invalid.

The employer must express its consent or objections in writing. Typically, the appeal is marked with the inscription “I agree” , the date and signature of the manager.

The employer does not have the right to postpone the termination date of the contract unilaterally. If he demands to work a few more days for the employee to submit a report or do some other work, such actions are illegal.

Advantages and disadvantages of dismissal by agreement of the parties for an employee

Dismissal is a procedure during which a previously concluded employment contract is terminated.
It is usually signed by two parties: the employer and the employee. Termination of an employment relationship may be accompanied by various circumstances. The reasons that influenced this are also of particular importance. The most common condition for terminating a professional relationship is the agreement of the parties.

Employers and employees are advised to learn to understand not only the positive aspects of such a decision, but also the negative ones. This method of terminating an employment contract is regulated by article number 78 of the Labor Code.

The main provisions of the document indicate that the head of a particular organization and an employee whose labor relationship has not worked out can come to a common agreement and disperse peacefully.

The main features of dismissal by agreement of the parties include the following:

the employee is dismissed in this way only when the other option is unlawful. For example, a subordinate is on vacation or on long-term sick leave. In such situations, it is even possible to deprive a woman who is expecting a child or an employee who is on maternity leave of her position. At the same time, an agreement between the parties can solve this problem;
it is possible to quickly break the professional relationship under the student agreement through dismissal by agreement of the parties;
the employer and subordinate can avoid a number of different formalities that must be completed in other ways of terminating an employment contract. For example, a person has the legal right not to work for two weeks before dismissal. At the same time, the manager and his subordinate are able to come to individual terms of dismissal.

They can sit down at the negotiating table and clarify all the details of the procedure and the conditions for signing the agreement. Often, in this order, the date of the expected vacancy of the workplace is determined, which will suit not only the employer, but also the employee. All compensation payments upon dismissal are also discussed in advance.

The boss must list in the document the procedure for their accrual. It should be noted that in this type of termination of a contract between a manager and a subordinate, it is important to have the consent of both parties to the process. In this case, dismissal at one's own request can only be carried out if there is an expression of the will of the employee.

When signing a document of this type, there is a provision according to which it is almost impossible to achieve recognition of the agreement as illegal. However, this is only relevant if the procedure was correctly completed in terms of documentation.

The initiator of the process under consideration can be not only the head of the company, but also a subordinate. Typically, an agreement is drawn up when both parties feel uncomfortable with the situation. For example, the reason for the dismissal of an employee may be due to insurmountable objective circumstances. As practice shows, the boss is often the initiator.

A citizen who is removed from his position due to the conclusion of an agreement between the parties to a contract can count on certain advantages of this process:

a person should not list in his application the reasons why he wants to leave his position;
This method of leaving work implies the possibility of quick dismissal. For example, the subject managed to find a higher-paying job with favorable terms of cooperation. For this reason, he wants to leave without coming up with a reason to vacate his workplace. Dismissal by agreement of the parties makes it possible not to notify the boss in advance. There is a chance to complete all necessary operations in just one business day;
there is no need to work for two weeks, which are stipulated in the Labor Code;
if a subordinate committed any unlawful act that led to dismissal, then the agreement of the parties will not indicate the reason for the removal of the subject from his position. Consequently, the ongoing conflict is resolved peacefully;
the manager and his subordinate can discuss the possibility of providing the employee with a certain period of time so that he has time to find a new place of employment;
if an employee who is planned to be fired temporarily registers with the employment service, then he has the right to claim an increased amount of benefits;
from dismissal by agreement of the parties, none of the parties between whom the corresponding employment contract was previously concluded will suffer.

Despite this, this dismissal procedure has its disadvantages:

with this type of dismissal, the validity of the employment contract cannot be terminated if only one party wishes. This suggests that if a person submits a letter of resignation and then changes his mind, then to continue working in a particular organization he needs the mandatory consent of the manager. As practice shows, it is the bosses who often insist that the subject vacate his position. It is for this reason that this decision must be correctly assessed by the employee. This is due to the fact that in the future it will be very difficult to prove the illegality of such dismissal;
this type of dismissal does not require the manager to pay the citizen severance pay;
if a subordinate plans to challenge the legality of such dismissal in court in the future, he will have to prepare for possible difficulties. To obtain a positive result, he needs to provide relevant witness testimony regarding the presence of pressure on the psyche of the dismissed citizen.

Is it possible to withdraw an application?

Article 78 of the Labor Code of the Russian Federation does not provide for the possibility of withdrawing an application. The Supreme Court of the Russian Federation, in resolution of the plenum of March 17, 2004 No. 2, clarified that cancellation of the initial agreement regarding the period and grounds for termination of the contract is permitted only with the mutual consent of the parties to the relationship.

If a citizen intends to withdraw the paper, he must submit an appeal to refuse to resign from office. If there are no objections from the employer, the position will be retained by the citizen.

Pros and cons of dismissal by consent

If an employee decides to change jobs, it makes sense to discuss dismissal by mutual agreement with management. This option is beneficial for both parties.

For the employer:

a guarantee that the employee will not change his mind about quitting (if they want to get rid of him);
no “slippery points” for trial – all conditions are met;
there is no need to pay financial compensation (unless otherwise provided);
there is no need to coordinate with the trade union or warn the employee in advance about dismissal.

For an employee:

the dismissal date is agreed upon in advance, which leaves time to find a new job;
the termination procedure lasts one or two days, there is no need to work out 2 weeks;
friendly relations with management are maintained, which allows you to get a recommendation.

It is important to know! The employee, if pressure was put on him when signing the agreement, is allowed to withdraw his application back (but only until the order is issued). In this case, the principle of mutual agreement is violated, and the basis is considered invalid.

The procedure for dismissal by agreement of the parties

In practice, the fact of termination of a contract by mutual will of the parties is formalized by two documents: an agreement and an order.

Termination Agreement

After receiving a resignation letter from an employee, the HR department prepares a termination agreement.

In the text, the parties stipulate the following points:

information about the participants in the relationship;
intention to terminate the contract by mutual consent;
date of departure;
the number of days of vacation provided before termination of the contract (at the request of the citizen);
amount of severance pay (as agreed between the parties);
the procedure for transferring cases and property of the employer;
date and signature of the parties.

The employee and employer come to the final version through negotiations. The document is signed in two copies. The second is given to the employee against signature.

(MS Word)

Important! Once the agreement is signed, it cannot be unilaterally canceled. This serves as a guarantee that the employee will not be able to refuse dismissal, and the employer will transfer all payments due to the former employee.

Order of dismissal

According to Article 84.1 of the Labor Code of the Russian Federation, the manager issues an order to terminate the employment contract.

The following information must be entered in the order form:

Company name;
date and number of the order;
position, full name of the citizen;
grounds for termination of the contract;
a link to the employee’s statement, the agreement signed by the parties;
manager's signature.

The employer is obliged to familiarize the former employee with the document against signature.

(MS Word)

On the last day of work, the employee is given a work book.

How does the dismissal process proceed?

If the employer agrees to your terms, the company draws up an agreement to terminate the employment contract. In fact, this does not always happen, since the Labor Code of the Russian Federation does not have requirements for the form of the agreement; it can also be oral. But it is still better to have written proof of the consent of the parties. In some cases, the employer simply approves and signs your application, and then issues a decree terminating the employment contract. You are required to familiarize yourself with it against your signature. After this, an entry is made in your work book with a link to Article 77 of the Labor Code.

Is compensation paid upon dismissal by agreement of the parties?

The employer must transfer compensation to the employee upon dismissal.

The list of mandatory payments includes:

payment for actual days worked;
compensation for unused vacation;
compensation provided for by a collective agreement or contract (Article 178 of the Labor Code of the Russian Federation).

The employer draws up a statement of calculation, which includes information about all payments and compensation. The funds must be transferred to the former employee on the last day of work.

Requirements for form and content

As noted earlier, the document can be written by hand or on a computer in the form established by current legislation.

The approximate wording of the contents of the document looks like this: “I ask for your consent to terminate the employment contract with me, concluded on May 14, 2021 on the basis of paragraph one of article number 77 of the Labor Code of the Russian Federation.”

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Is it possible to revoke a document?

Art. 80 of the Labor Code of the Russian Federation, regarding voluntary dismissal, allows the employee to withdraw his resignation at any time and continue to work in the same organization. Many, misinterpreting the law, believe that it is easy to withdraw an application for dismissal by agreement of the parties. But that's not true.

Causes:

In Art. 78 of the Labor Code does not speak of the existence of such a possibility.
There is a Resolution of the Plenum of the Supreme Court of the Russian Federation, which discusses the subtleties of labor legislation. It directly states that the application referred to in this article can be withdrawn only if the employer agrees to this.

Moreover, if you look at the practice of the Constitutional Court, you can find acts indicating that some citizens appealed to this body of justice, trying to recognize the ban on unilateral withdrawal of an application as illegal. Their attempts were unsuccessful.

Thus, the application for dismissal by agreement of the parties can be withdrawn if the employer does not object to this .

What needs to be done to achieve this? Submit another application in which you must ask the employer to abandon the agreements reached. The document must contain the following information:

Information about the employee and employer.
Request to withdraw the original application.

The document must be dated and signed by the employee.

Why is it better to quit peacefully?

If disagreements arise and the parties decide to terminate the employment relationship, it is wise to do so in an amicable manner. The way out of a conflict situation is dismissal by agreement of the parties.

Benefits for the employer:

The employee will not withdraw his resignation letter (of course, if such a possibility is not specified in the agreement). Such cases are especially beneficial when the company no longer needs the services of the employee;
There is no need to take into account the opinion of the trade union, as in the case of dismissal under an article; and in the event of an inspection by the labor inspectorate, the employer will have confirmation of the reciprocity of intentions;
Dismissal by agreement of the parties does not provide for payments in accordance with the law. An employer pays severance pay to an employee solely on his own initiative.

Notice! Benefits for the employee:

When drawing up an agreement, the employee can negotiate the amount of compensation that is not provided for voluntary dismissal;
An employee can leave the workplace one day, without working for two weeks. This is especially true when you urgently need to start a new job;
After dismissal, by agreement of the parties, the employee can register with the employment service and receive compensation for some time until he finds a new job;
The employee does not enter into conflict with his superiors, leaving the opportunity to receive a good recommendation for a new job. Thus, the employee’s reputation will not be damaged, even if he has committed a disciplinary offense.

When to apply

The employee submits a notice of resignation 14 days before the expected date of termination of employment or earlier, unless other conditions have been previously agreed upon.

After considering the application, an order is issued to dismiss the employee by agreement of the parties.

Until the employee leaves the workplace, the HR employee prepares all the documents necessary for dismissal (order, entry in the work book, etc.), and the accounting department prepares the final payment.

Typical errors

What can an employee do wrong when writing an application?

Do not indicate the reason for dismissal . If, for example, the text states: “I ask you to fire me as of April 2,” then the employer may consider that the employee wants to resign of his own free will.
The desired date of dismissal has not been specified . This issue can be addressed in the termination agreement, but it is better not to allow any unsaid things to remain in the statement.
The document does not have the employee's signature . Without it, the paper has no power.

In general, making mistakes, with the proper degree of care, is quite difficult. It is recommended not to limit yourself to the “short version” of the application.

Reference! It’s better to immediately write down everything in detail: about compensation, the presence of financial liability, the number of vacation days that can be used, and so on.

Below you can apply for termination of the employment contract by agreement of the parties.