Relations between the employer and employees must be formalized, for which purpose an employment contract is used. It should be compiled in the correct form and contain a lot of important information. You can terminate it only if there are good reasons. The initiator can be both the employer and the employee. Therefore, you should understand how the termination of the employment contract occurs, how this process takes shape, and how to avoid various negative consequences for business owners.
General Provisions
Dismissal is represented by the termination of the employment contract or other contracts drawn up between the business representative and the hired specialist. In this case, each party performs certain actions aimed at ending the relationship. The nuances of the process include:
- the employer must take into account the provisions of the Labor Code in order to prevent various violations for which significant fines will have to be paid;
- if a specialist resigns without prior notice or without good reason, he can challenge this action through a court;
- upon the dismissal of a citizen, it is required to pay him severance pay and other means, as well as put the desired mark in the workbook.
Correct termination of the employment contract ensures that there is no problem with the labor inspection or court for a business representative.
Concept of contract
An employment contract is represented by a bilateral agreement drawn up and signed by the employer and employees. Based on it, the hired specialist holds a specific position. He is endowed with certain official duties, which must be performed by him in a timely and correct manner.
This document governs the relationship between the two parties.
Not all companies use such contracts, as employment without registration is often offered. In this case, firms can save on taxes and deductions to various social funds. But such a decision is unacceptable for specialists, as their future pension is reduced, they cannot rely on a social package, and they can also quit in violation of the Labor Code. Therefore, each person must begin to conclude an employment contract before starting work. This guarantees the ability to protect your rights in case of unjustified dismissal.
Reasons for termination of the contract
There are various reasons for terminating an employment contract. They can be available to both the employee and the business owner. If the employer is the initiator, then he cannot, without reason, deprive the specialist of work. Therefore, they should take into account different nuances and requirements.
There are several reasons:
- termination of the employment contract by agreement of the parties, which is done if both parties agree that it is not advisable for the employee to continue working at a particular enterprise;
- the dismissal of a citizen by the employer, and this is usually due to the fact that the hired specialist does not cope with his duties, regularly violates labor discipline or there are other good reasons;
- dismissal of an employee of his own free will, for example, he may not be satisfied with working conditions, he may find another job or he needs to move to another city altogether;
- transfer of a specialist to another company or to another position in one company;
- termination of relations on the basis that significant changes were made to the principles and rules of the organization;
- refusal to renew or renew the contract on the part of the management or the specialist himself, which is usually associated with the introduction of fundamental changes in working conditions;
- it is necessary to terminate relations due to circumstances that are not dependent on two parties;
- the contract does not meet the requirements of the law, therefore, it is impossible to further cooperate with such an employer.
It is these grounds that are most popular when the relationship is terminated. Most often, the termination of an employment contract is made as a result of a decision by the management or the employee. An agreement is also often drawn up on the basis of which the contract is voluntarily terminated.
How is an employee terminated?
Often the initiator is the hired specialist himself. He may have different reasons for this. Termination of the employment contract on the initiative of the employee is called in another way dismissal at will. But at the same time certain conditions must be observed, which include:
- then the person cannot continue cooperation, for example, retires, the working conditions of the enterprise change, planned relocation or long-term treatment;
- the employer violates the legislation in the field of employment or the direct clauses of the employment contract itself.
In the presence of such grounds, each person may terminate relations with the company. Termination of an employment contract by an employee requires the preparation of a special application, which is transmitted to the management of the company. It requires specifying the reasons for leaving work, as well as a petition is written, on the basis of which the contract will be terminated. At the same time, an obligatory development is appointed, after which the specialist receives the funds put to him and the work book as amended.
The nuances of terminating an employer relationship
The initiator may even be the leadership of a particular company. Such a procedure can be associated with various reasons, and they must be justified. Termination of the employment contract at the initiative of the employer may be subject to the conditions:
- closing a company or individual entrepreneur;
- carrying out the reduction procedure at the enterprise;
- the employee does not have the necessary knowledge, skills or experience to cope with the work assigned to him;
- the owner of the property used in the process of the company has changed;
- the employee does not fulfill his labor duties specified in the agreement, and such cases are repeated, but they should be recorded by bringing the employee to disciplinary liability;
- violation of the rules of work on the part of the citizen, which is represented by absence from work during the entire shift without good reason, appearance at work in a state of intoxication or disclosure of confidential work information;
- theft of property or values belonging to the company;
- committing immoral acts against other employees of the company.
The above reasons are considered the most popular. Termination of an employment contract by an employer is considered a rather complicated process. It must be carried out on the basis of numerous conditions, otherwise the employee dismissed in violation of the Labor Code may go to court to recover a fine and non-pecuniary damage.
How are employee relationships terminated?
If a citizen, represented by a hired specialist, decides on the need for dismissal, he must know what actions he performs to do this. The termination of the employment contract at the initiative of the employee occurs in sequential actions. For this, the stages are implemented:
- initially, a special statement is formed, which indicates the need for dismissal of a citizen;
- the names of the parties are necessarily recorded in the document, the reasons why the citizen does not want to work in the company further, and there should also be a main text containing different facts depending on the situation;
- at the end of such a statement must be signed by the applicant;
- if the reason is related to a violation of the work of the company itself, then it is advisable to leave a link to the legal act, the requirements of which are violated by the management;
- the date of the application is entered;
- the document is transferred to the immediate head of the organization or to the personnel department;
- obligatory employees of the company or director must accept this statement;
- over the next 14 days, the employee continues to cope with his duties, and all days are paid as usual;
- on the last day, a work book and other documents are issued to him, which were transferred to the management of the company in the process of employment.
Quite often, termination of the employment contract is carried out in this way. A sample application for an employee is considered simple, and the document may vary significantly depending on the reason for dismissal and the place of work of the specialist.
Is it possible to withdraw the application?
During the workout, which lasts 14 days, the employee can withdraw the application, while the manager cannot refuse him. An exception is the situation if another specialist with the prerogative of employment is already hired.
Some citizens, even after 14 days, may change their minds. These include military personnel, and they should be offered the same place as before.
How does an employer end a relationship?
Quite often, the director of a company decides on the need to fire an employee. Termination of the employment contract at the initiative of the employer is considered a specific process, as this should take into account the rights of employees and the norms of the Labor Code.
Before committing the process, it is important to make sure that the person can be fired, and you also need to check whether the work process will deteriorate and labor productivity will not decrease.
The procedure is divided into stages:
- company management makes an appropriate decision;
- the employee is given a notice of termination of the employment contract, presented in the form of an order;
- the document shall indicate the name of the dismissed citizen, as well as the reason why it is required to terminate the employment relationship;
- the date of acceptance of the notice is prescribed, and it must be provided to the employee 2 months before the termination of the contract, which allows him to find another job;
- during this time, a normal workflow occurs;
- on the last day the citizen receives his work book and other documents.
If the employee does not agree with such a decision, then he may file a lawsuit. Often, violations are related to the fact that a notice of termination of an employment contract is not created or is provided late. There may also be other irregularities. Upon their identification, the court may invalidate such a procedure.
The nuances of drawing up an agreement of the parties
Often, even both sides come to the conclusion that it is necessary to end the relationship. There are no contradictions and disagreements between them, therefore, a special agreement is formed on the termination of the employment contract by mutual agreement.
This process is written in writing, and the certification of the head of the human resources department is often required.
Pros and Cons of Using an Agreement
The termination of the employment contract by agreement of the parties has many advantages, since the worker receives the due compensation, and the manager does not contact court proceedings or complaints to the labor inspectorate.
When compiling a document, it is not required to indicate the reason why the relationship is terminated. Termination of the employment contract for termination of the parties allows the employee to receive high payments from the labor exchange, if he becomes registered after leaving the company. It is allowed to terminate the relationship even before the end of the trial period. An extra month is added to the experience of the employee.
Termination of the employment contract for termination of the parties may be carried out if the employee is on sick leave or on vacation, and is also absent from work for other serious and compelling reasons.
But there are also some disadvantages, which are that the activities of the employer under such conditions are not controlled by the union. Therefore, a situation may arise when such a decision is recognized as doubtful or unlawful.
How is a fixed-term contract terminated?
Often, for the registration of a specialist, fixed-term contracts are used, which clearly indicate the period of time during which it is required to perform labor duties as an employee. Usually this period does not exceed 5 years.
Termination of a fixed-term employment contract should be carried out in the correct sequence of actions and taking into account some significant factors. This takes into account the conditions specified in the document. If it is indicated that it is valid for only two years, then after this time the relationship ends, and in advance the head of the company must notify the specialist about this. This process is carried out three days before the appointed date.
If a document is drawn up for some work, then the relationship ends after the completion of these work. In this case, all the conditions of the document must be fulfilled.
Also, such a contract is often required to replace another specialist, so he ceases to act when the previous employee returns.
Termination of a fixed-term employment contract usually takes place automatically, for which the appropriate dates are prescribed in advance in the document. You can also prematurely terminate the relationship by any party in the presence of different grounds.
If violations are discovered, citizens can sue.
Thus, the procedure for terminating an employment contract is considered a specific process. For it to be lawful and correct, each side must take into account the numerous requirements and rules. The initiator can be both an employee and the head of the organization. Often an agreement is made to terminate the employment contract, which allows you to take advantage of many advantages for each side. In case of violations by the employer, hired specialists can apply to the court to challenge the contract or dismissal.