Article of the labor code of the Russian Federation 77: termination of the employment contract. Comments

Dismissal is an important and crucial stage not only for an employee of an organization, but also often for his family and friends. Russian law comprehensively regulates all aspects of dismissal. Article of the Labor Code of the Russian Federation No. 77 establishes legal grounds for termination of the contract. Labor legislation also defines the aspects of termination and the necessary formal procedures.

Comments on Article 77 of the Labor Code of the Russian Federation

This article, as mentioned above, establishes the reasons for which the employment relationship may be terminated. Article of the Labor Code of the Russian Federation No. 77 is a legal guarantee of labor law that does not contradict the Constitution. Termination of the contract is possible when three conditions are simultaneously met:

1. There are reasons established by law.
2. The order of dismissal is respected.
3. There is an order for dismissal.

Part 1 of Article 77 of the Labor Code of the Russian Federation (paragraphs 1-4) states that the contract can be terminated at the request of the employee or employer, as agreed by the parties or because the contract expires. The contract is also subject to termination in the following cases:

• if the employee is transferred to another employer or to an elected position;
• upon refusal of an employee to perform labor duties due to a change of ownership, change of jurisdiction, reorganization of an enterprise;
• if the employee refuses to continue the work due to new changes in the contract;
• when transferring an employee to another position due to health reasons;
• if the company moves to another location;
• if circumstances arise that are not dependent on any of the parties;
• in case of violation of the rules for concluding labor contracts and inability to continue work in the future

Employee initiative

Article 77, paragraph 3 of the Labor Code of the Russian Federation states that an employee may be dismissed on his own initiative. This is based on the principles of freedom of work and choice of place of work. At the request of the employee, the employment relationship can be terminated at any time. In addition, article 77, clause 3 of the Labor Code of the Russian Federation contains a link to Article 80 TC, according to which the employer must be notified about this 14 days before the date of dismissal in writing, moreover, this can be done not only during the performance of labor duties, but also on vacation, during illness.

If the reason for dismissal is the impossibility of continuing to work for objective reasons (study, pension, violation of labor law by the employer, the terms of collective, additional agreements), the contract must be terminated by the time specified in the application. An employee can also withdraw a letter of resignation if the employer has not found a replacement for him. In this case, the contract is not terminated.

Employer initiative

Article of the Labor Code of the Russian Federation No. 77 in paragraph 2 states that the dismissal may be the initiative of the employer. At the initiative of management, an employee can be dismissed for the following reasons (in accordance with 71 and 81 articles of the Labor Code of the Russian Federation) :

1. Poor completion of the probationary period.
2. Changes in working conditions.
3. Expiration of the contract.
4. Liquidation of the enterprise.
5. The real downsizing.
6. Inconsistency of the position for medical reasons or according to the results of certification at the enterprise.
7. Change of ownership of the enterprise.
8. Once gross or repeated failure to fulfill labor obligations.
9. Loss of confidence.
10. An immoral act if an employee performs work related to upbringing.
11. Unreasonable decisions resulting in losses or gross violations on the part of management.
12. If during employment the employee provided the manager with false information or false documents.
13. The expiration of the admission to classified data, if work is associated with them.
14. In the circumstances provided for in the employment contract.
15. For other reasons established by this law.

Agreement

Clause 1 (Article 77 of the Labor Code of the Russian Federation) states that the contract may be terminated by agreement of the parties. This can be done regardless of the validity period of the contract.

In practice, employers themselves offer to terminate the contract on this basis, when there are no other legal grounds for dismissal. However, this requires the desire of the employee. Both the employee and the employer can inform about the dismissal by agreement of the parties either verbally or in writing. The contract expiration date is also agreed.

The order of dismissal

The procedure for termination of relations is also regulated by the Labor Code of the Russian Federation. As a rule, the date of dismissal is considered the last working day. An employee is issued a work book and other documents related to employment, and a calculation is made.

If the employer does not perform at least one of these duties, this threatens him with material liability. A record of the order of dismissal in the workbook must necessarily contain an article of the Labor Code, according to which the employment relationship was terminated.

Dismissal order

Regardless of the reason for the termination of the employment relationship, the employee needs to familiarize himself with the order of dismissal for signature. If the termination occurs on the initiative of the employer, a notification is sent to the employee and also against signature. An organization employee may request a copy of the order and notice of termination.

Thus, the article of the Labor Code of the Russian Federation 77 contains 11 points. It is she who is the legal guarantee of labor law in the Russian Federation.