In Russia, almost every working citizen is faced with a procedure called "dismissal." Often it is done on their own, but there are exceptions. Today we will study the dismissal by agreement of the parties. A sample application, the principles for submitting a request, and the particulars of terminating the employment relationship will be presented to our attention. In general, this arrangement is not too complicated for the employee. But the employer will have to comply with many conditions and take into account the features of the operation.
Legislation
In Russia, labor relations are regulated by the Labor Code. It contains the answers to all our questions.
The possibility of dismissal by agreement of the parties is Article 78 of the said Code. It says that the employer and subordinate can at any time by mutual decision terminate the current agreement.
At the same time, the model agreement for dismissal by agreement of the parties cannot be called unambiguous. In each case, the employee and his boss themselves agree on the conditions under which the first leaves work.
While resting from work
It is worth paying attention to the fact that the Labor Code of the Russian Federation indicates the possibility of translating ideas into reality at any time. This term allows you to submit a request to leave work under almost any circumstances.
Thus, in Russia it is allowed to submit an application on vacation, on sick leave or during periods of decree. Even during the trial period, a similar arrangement is foreseen.
About the initiators
Both the employee and the employer can submit the application in the established form for the implementation of the task. Similar measures are provided for by labor law.
Most often in practice, the initiator is the employee. He submits an application for termination of employment, which sets out the conditions of care. But the employer can offer to quit. In this case, the corresponding notice indicates the conditions under which termination of employment is proposed.
Reasons for choosing
Why do citizens apply for dismissal by agreement of the parties? There are many reasons for this.
Among them, there are reasons for terminating relations with superiors that are relevant for employees and for the employer. In the first case, most often citizens are faced with the following dispositions:
- I want to receive compensation upon dismissal;
- there is a desire to avoid dismissal "under the article" in connection with certain violations.
If the boss himself offers the operation to be studied, then often this is due to the following circumstances:
- urgently need to fire an employee;
- unauthorized layoffs occur;
- there is no right to the ordinary dismissal of a subordinate.
Ideally, as we have said, workers should quit on their own. But by agreement of the parties, you can also leave work.
Step by step about the process
Now consider the operation in more detail. How does the dismissal occur by agreement of the parties? A step-by-step procedure for carrying out this action will be presented below. In fact, everything is not so difficult. Especially if you comply with applicable law.
In general, the process of termination of the contract by mutual agreement is as follows:
- Write a letter of resignation. Usually the desired conditions are written in it. It is recommended to discuss them with the employer in advance.
- Notify the boss of his decision, that is, submit an application for consideration. It is advisable to do this in advance.
- Obtain the consent of the employee / boss to conduct the operation.
- Make an agreement on dismissal by agreement.
- Comply with all points stipulated by the new signed agreement.
- Get the calculation and documents required for terminating relations with the employer.
- Issue a dismissal order.
- Close the personal file of the subordinate and send it to the archive for storage.
That's all. It would seem nothing difficult or special. In general, the operation is not much different from termination of personal desire. But the employer is often faced with serious paperwork. And if the initiative comes from an employee suddenly, then you can never come to an agreement.
Application form
Now we will try to draw up a model agreement for dismissal by agreement of the parties. We will learn all the principles of writing this document.
There is no specific form for submitting a corresponding request. Because of this, employees have problems writing an application. After all, it is not entirely clear how to correctly implement the task.
It is safe to say that the notice and the statement itself must be submitted in writing. For example, hand-written or printed on a printer. Increasingly, citizens are submitting requests electronically. Such a situation takes place, but it is not recommended to use it. After all, to prove the fact of notification will be problematic - it is possible that the employee has not used the e-mail address indicated above for a long time. And in this case, the termination of the contract will be violated.
Structure
The sample agreement of the parties upon dismissal cannot be called unambiguous. After all, a contract is usually individual. It reflects an agreement between workers and superiors. Therefore, the information in such documents is completely different.
But the structure of the paper remains the same. As we have already said, there is no single form for presenting a document. But it is recommended to comply with the unwritten conditions for writing a letter of resignation. For example, submitting text is structured.
An application for termination by agreement of the parties must contain:
- A hat . Here they usually write from whom and to whom the document is sent.
- The name . In simple words - the name. Most often they write “Statement”, and below - “for dismissal by agreement of the parties”.
- The main part. Article 78 of the Labor Code of the Russian Federation is prescribed here, as well as the conditions for leaving work.
- Conclusion Most often, it sets the date of execution of the document and the signature of the applicant.
In addition, after the main part of the paper, it is desirable to indicate the list of documents attached to the request. Most often, they simply do not exist. And so this item is skipped.
Compensation
In Russia, upon dismissal by agreement of the parties (a sample agreement is presented to our attention) some payments are made. But most often the question arises of additional compensation.
In general, there are no compulsory payments in the form of compensations and other incentives for terminating relations by mutual agreement. At the same time, the employee may require additional cash. And this is normal. The employer will either accept the offer or offer its terms.
Nevertheless, some funds are always paid to the employee. Even if the used model of the dismissal agreement by agreement of the parties does not provide any compensation.
It is about means:
- for hours worked;
- for unused vacation days.
You can’t demand anything else, unless otherwise provided by the current employment contract or an agreement put forward and terminated on the termination of the employee’s work.
Record in the work book
A sample letter of resignation by agreement of the parties was presented to our attention. This is just a template, guided by which, it will be possible to compose a document suitable for a particular case.
Upon termination of the relationship of the labor type, employers must put a mark on this in the workbook of a subordinate. In this case, it is necessary to refer to article 77 of the Labor Code of the Russian Federation, and not to article 78.
The approximate form of the entry is “Dismissed by agreement, article 77, paragraph 1 of the Labor Code”. It is better to use it to avoid mistakes and problems.
Working out
It is not so difficult to draw up a competent sample of a letter of resignation by agreement of the parties. It is more difficult to come to general agreements. In particular, if such an initiative was sudden.
Working out a lot of questions. Upon termination of the current labor agreement at the initiative of the employee, it is necessary to leave for work for 14 days. This is a legal requirement.
The legislation of the Russian Federation does not provide for mandatory development. Often she’s just not there. But the employer has the right to demand this component. As we have said, mining is usually excluded. This saves time, money and the strength of the parties.
Documents for issuance
Planned dismissal by agreement of the parties? Samples of documents to be issued to the employee are presented to attention.
In general, the legislation of the Russian Federation requires the issuance of:
- copies of the agreement;
- labor book;
- income statements;
- settlement sheet.
Moreover, the 2-NDFL form is not mandatory. But it is usually issued so that a former employee does not require appropriate certificates if necessary.
Summary
Now it’s clear how dismissal is carried out by agreement of the parties. A sample agreement was presented above. And the features of this operation will no longer cause any questions.
In fact, with the right and timely approach to solving the problem, you can quit in a few days. The main thing is to stipulate in advance the conditions for terminating relations with superiors and to prescribe them in the corresponding agreement.