All grounds for termination of the employment contract are clearly regulated by the legislative act, more precisely, by the Labor Code of the Russian Federation. Despite a stable regulatory framework, which is a good guide for employees and employers, disputes regarding the improper termination of employment do occur.
So, the general grounds for terminating the employment contract are indicated in article 77 of the above normative act. These include:
- agreement or general agreement of the parties;
- termination of contractual relations at the request of the tenant;
- expiration of the contract ;
- termination of contractual relations at the request of the employee;
- transfer, with the consent or at the request of the employee, to another position or to another place of work;
- refusal of the employee to continue work in connection with the reorganization of the enterprise ;
- refusal of the employee to continue the contractual relationship in connection with the changed material conditions defined in the contract;
- the inability of the employee to continue to work due to medical conditions or due to other valid reasons. Medical grounds include illness that impedes the performance of labor functions and / or disability. Good reasons for which an employee cannot continue his activities may include retirement, change of residence, caring for a sick relative or family member, and others;
- refusal of the employee in connection with an unconditional transfer to another place of service or work;
- in connection with violations at the conclusion of the contract or labor legislation. If the employee demands to terminate the employment ahead of schedule due to gross violations, then in the manner prescribed by law, the fact of the violation indicated by him must be revealed, for which a special commission is convened.
NB If there are circumstances that impede the continuation of work, as well as in cases of gross violation of labor laws or an employment contract (agreement), it must be terminated by the time indicated in the application.
Along with the Labor Code, the grounds for termination of the employment contract are reflected in other federal laws.
In specific legislative acts (for example, on the prosecutor’s office, on the police), after the termination of the contract or the contract, slightly different, specialized terms are used: “dismissal from work”, “dismissal from a certain position”, “resignation”. Such terms are determined by the specifics of relations with a particular category of workers.
Also, along with the above concepts, there is an article in Russian legislation that provides for another type of termination of a working relationship between an employee and an employer - cancellation of an employment contract. This concept applies if the employee did not come to work on a specified day, such an employment contract is equivalent to an unclaimed contract.
All of the above grounds for termination of the employment contract can be conditionally divided into two groups:
- actions of the parties, due to their will (for example, the initiative of the employee or employer, as well as the decision of the third body (court decision on the restoration of the employee to the previous workplace);
- grounds associated with the onset of a certain event (recognition as insane, death of an employee, the end of seasonal work).
Classification of grounds for termination of an employment contract.
Depending on the reasons for the termination of employment, they can be divided into:
- termination (Articles 79, 83, 208, etc.);
- termination (Articles 78.80, 81.280, 296, etc.);
- exemption from work (Article 83);
- dismissal.
A different classification of grounds is also often found.
Depending on the subject composition, they can be divided into:
- general grounds that can be applied to all employees without exception;
- additional grounds extending to a particular category of workers and having force only for it.