Grounds for termination of the employment contract at the initiative of the employer. Labor Code of the Russian Federation 2018

Getting a job, you need to know your rights and. When a person leaves his job, the relationship between him and the employer is terminated. The dismissal of an employee can result in adverse consequences for both parties. Therefore, it is necessary to be interested in all legislative innovations.

Upon dismissal of an employee, the employment contract terminates. Termination of an employment contract is an action that has legal force and is associated with the termination of the agreed obligations in the field of labor relations. The interruption of the TD involves each of the parties.

There is a list of legal grounds for terminating an employment contract

There are 4 types of grounds for terminating an employment contract:

1. Are common
2. Additional
3. circumstantial
4. Legal

Common reasons for aborting an AP:

1. Decision by agreement of both parties
2. Expiration of a fixed-term contract
3. Independent decision of the employee to dismiss
4. The decision of the management of the enterprise to dismiss the employee
5. Unwillingness of a person to work in a reorganized enterprise
6. The unwillingness of the employee to have an employment relationship with the newly introduced management of the company
7. Unwillingness of an employee to work in a company where jurisdiction has changed
8. The unwillingness of the employee to work in the organization if there has been a change in working conditions, but he is not satisfied with them
9. The unwillingness of the employee to be transferred to other working conditions according to the medical examination
10. Violation of rules and regulations in the employment of an employee

Additional grounds for interrupting a TD include:

• Termination of the company's activities due to bankruptcy
• Completion of a TD with a part-time employee, provided that a replacement has been found for him to work on a permanent basis
• When a teacher violates the charter of a general education institution, exerts psychological pressure on a pupil or student
• The impossibility of the ambassador from the Russian Federation in foreign countries to fulfill his duties. For example, in the context of a declaration of war, an epidemic, or an ambassador declared persona non grata
• Violation by an athlete of Russian anti-doping regulations or loss of his qualification

In relation to civil servants and law enforcement officers, requirements also apply, but special requirements are provided for these categories.

Termination of the employment relationship can be carried out if there are specific reasons. But there are circumstances in which the decision to dismiss a subordinate will not be made by either party:

1. Call for an employee
2. Reinstatement of an employee to a position by a court decision or labor inspectorate
3. Release of an employee from the performance of duties by a court decision
4. Release of an employee from the performance of duties by decision
5. Evidence of the death of an employee or employer

The occurrence of conditions that are recognized as emergency at the state level:

• Specialist disqualification. A specialist may be removed from the opportunity to use a license. There may also be a temporary suspension of the use of a permit document for a period of 2 months.
• No reason to work with classified material
• Cancellation of a court decision to reinstate an employee to a position
• Labor law is regulated by the Labor Code of the Russian Federation.

Legal grounds for termination of an employment contract - comment by the head of the legal affairs department:

Who is authorized to issue an order to terminate the TD?

Standard forms of orders to interrupt TD are needed for personnel records. Based on this, drawing up an order to terminate the TD is assigned to the personnel department of the organization.

The procedure for drawing up an order

There must be legal grounds for terminating an employment contract

When drawing up an order for an employee of the personnel department, he is obliged to familiarize the departing employee with this administrative document. It indicates the basis for the dismissal of the employee and if the person agrees with the text of the order, then he must put his signature there.

On the last working day, the retiring person is handed over and the final accruals and calculations are made. This is how the procedure for terminating an employment relationship between an employee and an employer should look like.

Calculation of payments

The accounting department of the enterprise must calculate all unpaid days, taking into account all due bonuses, allowances and other types of payments that are provided for by the company's administrative documents. Referring to the sheet of temporary disability, an accrual should be made for all the days of illness of the dismissed person.

The accounting department must also accrue compensation to the departing employee for unused vacation or vacation days.

One-time allowance

The Labor Code also provides for cases in which it is charged, which is equal to the amount of the average monthly wage. The allowance is calculated in such special cases as:

• Reducing the number of employees
• Organization liquidation
• Enterprise reorganization

For the same reasons, a one-time allowance should also be paid to seasonal workers. The amount of a one-time allowance should be equal to the average earnings for 2 working weeks. Severance pay is provided for individuals who were dismissed due to an erroneous registration of the personnel department of their employment. The amount of the severance pay will be equal to the sum of the average monthly salary.

If employees were not warned about the liquidation of the organization 2 months before the start of the liquidation procedure, then they need to write an appropriate application, on the basis of which a one-time allowance will be paid for 2 months.

If the organization has a new owner who decides to change the entire management apparatus, then a one-time allowance must be paid to the former management apparatus within a 3-month period.
The Labor Code also provides for the payment of benefits for 2 weeks upon dismissal:

• In connection with the deterioration of health, due to which the employee is not able to perform his duties:
• When drafted into the army
• Due to the reinstatement of a previous worker
• Relocation of the enterprise and the refusal of the employee to follow him

Cases that serve as grounds for termination of TD

The employee is not always the initiator of the termination of the employment contract

There is a whole list of cases, referring to which the TD is interrupted. This includes:

1. Deterioration of the employee's health due to harmful working conditions, but at the same time, a transfer to another workplace was not offered
2. Inappropriate employee education
3. Disqualification of an employee and a court decision to remove an employee from office
4. The beginning of the liquidation of the company or the reduction of employees
5. Violation of work discipline, for which he suffered penalties
6. The employee cannot cope independently with his job responsibilities
7. Change of company owner

An employer has the right to fire an employee if:

• The employee did not show up for work within 4 hours and did not provide an explanation
• Finding an employee in a state of intoxication at the workplace
• Employee stealing or leaking information to strangers
• The employee provided "fake" documents
• The employee has lost the trust of management
• An accident occurred due to the carelessness of the worker

Features of termination of TD

The employment contract may be terminated if a foreign citizen does not have the right to be in the territory of the Russian Federation. The vice-rector of the university is invited to resign simultaneously with the end of the rector's stay in it.

TD termination period

The termination of the TD occurs on the last working day of the employee. If the dismissal is carried out with the consent of both parties, then it can be at any time. If an employee wants to quit on a personal initiative, he needs to write an application 2 weeks before the actual dismissal.

An employee who worked part-time in an organization may be fired when another employee is found in his place, ready to work on a permanent basis. The end of seasonal work comes from the day the season ends.

Notification

Reduction of staff as a reason for termination of an employment contract

Russian legislation provides for informing the employer of the employee about the termination of the employment contract 3 days before the end of its validity. Such notification must be sent if it was for a specific period.

This notice must be signed by the resigning person, because. By his signature, he confirms that he has read the notice. The most privileged workers are pregnant women and single mothers. The organization has the right to dismiss a minor employee only after receiving permission from government agencies.

Arbitrage practice

Often there are cases when the termination of an employment contract is carried out through the courts.
The Supreme Court of the Russian Federation on such cases explained:

1. The dismissal of an employee will be declared illegal if the employer has not presented evidence in court about changes in the organization of production that have significantly affected working conditions;
2. It is not allowed to dismiss an employee on the basis of an entry in the order indicating that the employee does not meet the requirements for replacing his own. This is unacceptable without certification of the workplace.
3. If necessary, you should seek the advice of a competent specialist.

EMPLOYMENT CONTRACT
Articles 56-62: Basic provisions. The concept of an employment contract. Parties to the employment contract The content of the employment contract. Fixed-term employment contract. Collaboration work.
Articles 63-71: Conclusion of an employment contract. Form of an employment contract. Form of employment. Medical checkup. Employment test and its result.
Articles 72-76: Changing the employment contract. Changing working conditions. Transfer to another job, incl. temporary and for medical reasons. Move. Suspension from work
Articles 77-84: Termination of an employment contract. Grounds for terminating an employment contract. Termination of the employment contract at the initiative of the employee, at the initiative of the employer.
Articles 86-90: Protection of personal data of an employee. General requirements for the processing of personal data and guarantees for their protection. Storage and use of personal data.
WORK TIME
Articles 91-99: Work time. Normal and reduced working hours. Part-time work. Work at night. Overtime work.
Articles 100-105: Working hours. Irregular working hours. Shift work. Summarized accounting of working hours. Dividing the working day into parts.
TIME RELAX
Articles 106-113: Types of rest time. Breaks at work. Weekends and holidays. Breaks for rest and meals. Special breaks for heating and rest.
Articles 114-128: Vacations. Types, duration and procedure for granting holidays. Vacation review. Replacement of annual paid leave with monetary compensation.
PAYMENT AND REGULATION OF LABOR
Articles 129-135: Salary. Wage. Basic concepts and definitions. Forms of pay. Pay for work. Establishing a minimum wage.
Articles 136-145: Order, place and terms of payment of wages. Calculation of the average wage. Responsibility of the employer for violation of the terms of payment of wages
Articles 146-163: Overtime pay. Pay at night. Downtime payment. Payment for work on weekends and non-working holidays. Labor standards.
WARRANTY AND REFUND
Articles 164-177: Cases of granting guarantees and compensations. Guarantees for sending employees on business trips. Reimbursement for travel expenses.
Articles 178-188: Severance allowances. Preferential right to stay at work in case of staff reduction. Guarantees and compensation in case of liquidation of the organization.
WORK REGULATION. WORK DISCIPLINE
Articles 189-195: The procedure for approving the rules of internal labor regulations. The procedure for applying disciplinary sanctions. Removal of disciplinary action.
EMPLOYEE QUALIFICATION. PROFESSIONAL STANDARD
Articles 196-208: The procedure for the development, approval and application of a professional. standards Student agreement. The term, form and content of the student agreement. Apprenticeship payment
OCCUPATIONAL SAFETY AND HEALTH
Articles 209-215: Obligations of the employer to ensure safe working conditions and labor protection. Medical examinations of employees. Obligations of the employee in the field of labor protection.
Articles 216-218: Organization of labor protection. State. labor protection management. State. examination of working conditions. Labor protection service in the organization. Committees, commissions for labor protection
Articles 219-227: Ensuring the rights of workers to labor protection. Individual protection means. Issuance of milk and therapeutic and preventive nutrition. Accounting for accidents
Articles 228-229: Obligations of the employer in the event of an accident. The procedure for the formation of commissions for the investigation of accidents. Terms of investigation of accidents
Articles 230-231: The procedure for conducting an investigation and processing materials for the investigation of accidents. The procedure for registration and accounting of accidents at work
MATERIAL LIABILITY PARTIES TO AN EMPLOYMENT CONTRACT
Articles 232-250: Cases of full liability of the employer and employee. Determination of the amount of damage caused. The procedure for recovering damages.
FEATURES OF LABOR REGULATION INDIVIDUAL CATEGORIES OF EMPLOYEES
Articles 251-264: Features of the regulation of women's labor. Jobs where the employment of women is restricted. Maternity leave. Child care leave.
Articles 265-281: Peculiarities of regulation of labor of the heads of the organization and employees under the age of 18 years. Jobs where it is prohibited to use the labor of persons under the age of 18
Articles 282-302: Peculiarities of regulation of labor of persons working part-time, in seasonal work and on a rotational basis. Accounting for working time when working on a rotational basis
Articles 303-312: Features of labor regulation of persons working at micro-enterprises and for employers - individuals. Regulation of the work of remote workers.
Articles 313-327: Features of the regulation of labor of persons working in the regions of the Far North and areas equated to them. Guarantees and compensations. Salary. Vacations.
Articles 327.1-327.7: Features of labor regulation of employees who are foreign citizens or stateless persons. Documents for employment.
Articles 328-330: Features of labor regulation of transport workers and workers employed in underground work. Medical examinations, control of working hours and rest time.
Articles 331-336: Features of labor regulation of teaching staff. The right to engage in teaching activities. Peculiarities of removal from work of teachers.
Articles 337-341: Peculiarities of labor regulation of employees of HR agencies and employees sent to work abroad in representative offices of the Russian Federation.
Articles 342-348: Features of the regulation of the work of athletes and coaches, as well as employees of religious organizations. Removal of athletes from participation in competitions.
Articles 349-351: Features of labor regulation of other categories of employees: employees of state corporations and state companies, employees of credit institutions and medical workers
PROTECTION OF LABOR RIGHTS AND FREEDOM CONSIDERATION AND RESOLUTION OF LABOR DISPUTES RESPONSIBILITY FOR VIOLATION OF LABOR LAWS
Articles 352-369: Ways to protect labor rights and freedoms. State control and supervision over compliance with labor legislation. Powers of the Federal Labor Inspectorate.
Articles 370-378: Protection of labor rights and legitimate interests of workers by trade unions. The right of trade unions to exercise control over the observance of labor legislation.
Articles 379-397: Self-defense by employees of labor rights. forms of self-defence. Consideration and resolution of individual labor disputes. The concept of an individual labor dispute.
Articles 398-408: Consideration and resolution of collective labor disputes. Putting forward the demands of employees and their representatives. conciliatory procedures.
Articles 409-418: The right to strike. Strike announcement. Strike leader. Illegal strikes. Responsibility of workers for illegal strikes.

SECTION III. EMPLOYMENT CONTRACT

Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the term of the employment contract (Article 79 of the Code), except in cases where the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution (Article 75 of this Code);

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) refusal of the employee to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) . violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

The employment contract may be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to the expiration of its validity period at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.

An employment contract concluded for the duration of a certain work is terminated upon completion of this work.

An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

The employment contract may be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activity by an individual entrepreneur;

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

3) non-compliance of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

A) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

V) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

G) committing at the place of work the theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by the employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or submit knowingly incomplete or inaccurate information about income, expenses, property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments by an employee, his spouse (wife) and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer;

8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

12) has lost its power.

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

The certification procedure (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower paid job) which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

Article 82

When deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing no later than two months in advance. before the start of the relevant events, and if the decision to reduce the number or staff of employees may lead to mass layoffs of employees - no later than three months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.

The dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract at the initiative of the employer.

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination due to circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) non-election to office;

4) condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;

5) recognition of an employee as completely incapable of working in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as dead or missing;

7) the onset of emergency circumstances preventing the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility for the employee to perform duties under an employment contract;

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

10) termination of admission to the state. secret, if the work performed requires such clearance;

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;

12) has lost its power.

13) the emergence of restrictions established by this Code, other federal law and excluding the possibility of the employee fulfilling obligations under an employment contract on engaging in certain types of labor activity.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, so and a vacant subordinate position or lower-paid job) that the employee can perform, taking into account his state of health.

At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Article 84 the law of the rules for concluding an employment contract

An employment contract is terminated as a result of a violation of the provisions of this Code or other fed. the law of the rules for his conclusion (clause 11 of the first part of article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

The conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

The conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in accordance with the procedure established by the Fed. laws and other regulatory legal acts of the Russian Federation;

The absence of an appropriate document on education and (or) qualifications, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;

The conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the established federal laws. laws of restrictions, prohibitions and requirements regarding the involvement in labor activity of citizens dismissed from the state or municipal service;

The conclusion of an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code, other federal law;

In other cases provided for by federal laws.

In the cases provided for by part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) that the employee can perform according to his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

If the violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

Article 84.1. General procedure for processing the termination of an employment contract

The termination of the employment contract is formalized by the order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of the employee's work, with the exception of cases when the employee did not actually work, but behind him, in accordance with present. Code or other fed. by law, the place of work (position) was preserved.

On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Note: the employer is also obliged to issue to the employee on the day of termination of work a certificate of the amount of earnings for two calendar years preceding the year of termination of employment.

An entry in the work book on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book.

The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of the termination of labor relations upon dismissal of the employee on the grounds provided for in subparagraph "a" of paragraph 6 of part one of Art. 81 or paragraph 4 of the first part of Art. 83 present of the Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Art. 261 present Code. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

An employment contract is a document describing the employment relationship between an employer and an employee, which specifies the rights and obligations of the parties. It is concluded by mutual agreement of both parties. Termination of an employment contract requires a certain sequence of actions, depending on the grounds, reasons and content of the employment agreement itself.

The employment contract becomes invalid after the expiration of its validity. There are the following grounds for early termination of an employment contract: the initiative of the employee or employer, as well as circumstances that do not depend on the will of both parties. If the initiator is the employee, then he must notify the employer in writing about this. The employer is obliged to satisfy the request of the employee in any case. The employee must comply with the deadlines for submitting such an application:

• If the employment contract was concluded for seasonal work or its term does not exceed 2 months, and also in the case when the employee is on probation, an application for termination of the employment contract is submitted 3 days before the date of dismissal.
• In other cases, the application is submitted 2 weeks before the date of termination of the employment contract.
• If any violations were established by the employer, the employee has the right to indicate the exact date of his dismissal.
• If an employee working under an employment contract holds the position of a manager, then the application is written in the name of the owner of the enterprise 1 month before the date of dismissal.
• If the warning period has not yet expired, then the employee has the right to withdraw it, then the contract remains in force, but if a new employee has not yet been hired.

The manager may, on his own initiative, terminate the employment contract, having guilty and innocent reasons for this:

• if the employee has absenteeism, violations of labor duties, etc., then the termination of the employment contract occurs without prior warning, while the employee is not paid severance pay;
• if the employee does not meet the requirements of the position due to poor health, then the severance pay is paid for 2 working weeks;
• if the grounds for terminating the contract are innocent reasons, for example, a reduction in the staff, liquidation of the organization, then the manager brings this news to the attention of the employee personally for 2 months, the employee is assigned a severance pay in the amount of a monthly salary.

Further procedure:

• Based on the employee's application or at the initiative of the manager, an order is created, a certified copy of which is provided to the employee against signature.
• The wording in the order must correspond to the entry in the work book and refer to the legislation of the Russian Federation.
• On the day when the employment contract expires, responsible employees, for example, a personnel department specialist and a cashier, issue the completed work book and the entire estimated amount to the employee, as well as other documents or their copies related to work.
• If on the appointed day the employee did not appear for the work book, the employer sends a written notice of the need to pick up the documents or sends it by mail to relieve himself of responsibility for the delay in issuing.

Termination of an employment contract by agreement of the parties provides for the mutual consent of the employer and employee. In order to terminate the employment contract by agreement of the parties, the employer draws up a written proposal, and the employee is obliged to draw up an application-proposal addressed to the manager with the wording "Please sign the agreement." Mandatory is a reference to paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation. If the second party agrees to the terms of termination of the contract, then an additional agreement is drawn up, in which the obligations of the parties are signed and the deadlines for their implementation are set, as well as responsibility for their failure to comply. After that, an order is issued to which this agreement is attached.

The relationship between the employer and employees must be formalized, for which an employment contract is used. It should be in the correct form and contain a lot of important information. It can be terminated only if there are good reasons. The initiator can be either an employer or an employee. Therefore, you should understand how the termination of an employment contract takes place, how this process is formalized, and also how to avoid various negative consequences for business owners.

General provisions

The dismissal is represented by the termination of the employment contract or other contracts drawn up between the business representative and the hired specialist. At the same time, each party performs certain actions aimed at terminating the relationship. Process details 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 is dismissed without prior notice or without good reason, then he can challenge this action through the court;
• upon dismissal of a citizen, it is required to pay him severance pay and other funds, as well as put the necessary mark in the work book.

Proper termination of the employment contract ensures that there are no problems with the labor inspectorate or court for a business representative.

The concept of a contract

An employment contract is a bilateral agreement drawn up and signed by the employer and employees. Based on it, a hired specialist occupies 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 they often offer employment without registration. In this case, firms can save on taxes and contributions to various social funds. But such a decision is unacceptable for specialists, since their future pension is reduced, they cannot count on the social package, and they can also quit in violation of the norms of the Labor Code. Therefore, each person must require the conclusion of an employment contract before starting work. This guarantees the ability to protect their rights in case of unjustified dismissal.

Reasons for termination of the contract

There are different grounds 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 deprive the specialist of work for no reason. Therefore, they must take into account different nuances and requirements.

There are several reasons:

• termination of the employment contract by agreement of the parties, which is carried out if both parties agree that it is inappropriate 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 completely move to another city;
• transfer of a specialist to another company or to another position in one company;
• termination of relations on the basis that significant changes have been made to the principles and rules of the organization;
• refusal to extend or renegotiate 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 the relationship due to circumstances that do not depend on the two parties;
• the contract does not comply with the requirements of the law, therefore it is impossible for a specialist to further cooperate with such an employer.

These grounds are the most popular when ending a relationship. Most often, the termination of an employment contract is made as a result of a decision on the part of the management or the employee himself. Also, an agreement is often drawn up, on the basis of which the contract is voluntarily terminated.

How is the agreement terminated by the employee?

Often the initiator is the hired specialist himself. He may have different reasons for doing so. Termination of an employment contract at the initiative of an employee is called differently voluntarily dismissal. However, certain conditions must be met, which include:

• the person can no longer continue cooperation, for example, he retires, the working conditions of the enterprise change, a relocation or long-term treatment is planned;
• 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 can terminate relations with the firm. Termination of the employment contract by the employee requires the preparation of a special application, which is transmitted to the management of the company. It requires you to indicate the reasons for leaving work, as well as a petition on the basis of which the contract will be terminated. At the same time, a mandatory working off is assigned, after which the specialist receives the funds allotted to him and the work book with the changes made.

The nuances of termination of relations by the employer

Even the management of a particular company can act as an initiator. Such a procedure may be associated with various reasons, and they must be justified. Termination of an employment contract at the initiative of the employer may be carried out under the following conditions:

• closure of 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 course of the company's work has changed;
• the employee does not fulfill his labor duties specified in the agreement, and such cases are repeated, but they must be recorded by bringing the employee to disciplinary responsibility;
• violation of work rules by a citizen, which is represented by absence from work during the entire work shift without good reason, appearing at work in a state of intoxication or disclosure of confidential work information;
• theft of property or valuables 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 an employee dismissed in violation of the Labor Code may go to court to recover a fine and non-pecuniary damage.

How is a relationship terminated by an employee?

If the citizen himself, represented by a hired specialist, decides on the need for dismissal, he must know what actions he takes to do this. Termination of the employment contract at the initiative of the employee occurs in successive actions. For this, the following steps are implemented:

• initially, a special application is formed, which indicates the need for the dismissal of a citizen;
• the names of the parties, the reasons why the citizen does not want to continue working in the company, must be written in the document, and there must also be a main text containing different facts depending on the situation;
• at the end of such an application, the signature of the applicant must be put;
• if the reason is related to the disruption 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;
• enter the date of the application;
• the document is transferred to the immediate head of the organization or to the personnel department;
• necessarily the employees of the company or the director must accept this application;
• over the next 14 days, the employee continues to cope with his duties, and all days are paid in the usual way;
• on the last day, he is given a work book and other documents transferred to the management of the company in the process of employment.

Quite often, the termination of an employment contract is carried out in this way. A sample application for an employee is considered simple, and the document may differ significantly depending on the reason for the dismissal and the place of work of the specialist.

Is it possible to withdraw an application?

During the working off, which lasts 14 days, the employee can withdraw the application, while the manager cannot refuse him. An exception will be the situation if another specialist with the prerogative for employment is already hired.

Some citizens even after 14 days can change their mind. These include military personnel, and they should be offered the same place as before.

How do employer relationships end?

Quite often, the director of the company himself decides on the need to dismiss an employee. Termination of an employment contract at the initiative of the employer is considered a specific process, since the rights of employees and the norms of the Labor Code must be taken into account.

Before committing to a process, it is important to make sure that a person can be fired, and also to check whether the work process will worsen and whether labor productivity will decrease.

The procedure is divided into stages:

• the management of the company makes the appropriate decision;
• the employee is given a notice of termination of the employment contract, presented in the form of an order;
• the document indicates the name of the citizen being dismissed, as well as the reason why the employment relationship is required to be terminated;
• the date of acceptance of the notification 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, the work process takes place in the usual mode;
• on the last day, the workbook and other documents are handed over to the citizen.

If the employee does not agree with such a decision, then he can file a lawsuit. Often violations are due to the fact that the notice of termination of the employment contract is not created or is provided late. There may also be other disorders. If they are identified, the court may recognize such a procedure as invalid.

The nuances of drawing up an agreement of the parties

Often, even both parties come to the conclusion that it is required 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 formalized in writing, and often requires the assurance of the head of the personnel department.

Pros and cons of using an agreement

Termination of an employment contract by agreement of the parties has many advantages, since the worker receives the required compensation, and the manager does not get involved in litigation or complaints to the labor inspectorate.

When drawing up a document, it is not required to indicate the reason why the relationship is terminated. allows an 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 employee's length of service.

Termination of an employment contract by termination of the parties is allowed if the employee is on sick leave or on vacation, and is also absent from work for other serious and valid reasons.

But there are also some disadvantages, which lie in the fact that the activities of the employer under such conditions are not controlled by the trade union. Therefore, a situation may arise when such a decision is recognized as doubtful or illegal.

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 a hired citizen. Usually this period does not exceed 5 years.

Termination of a fixed-term employment contract must 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 is terminated, and in advance the head of the company must warn the specialist about this. This process is carried out three days before the appointed date.

If a document is drawn up for the performance of some work, then the relationship ends after the completion of these works. In this case, all the conditions of the document must be met.

Also, such a contract is often required to replace another specialist, so it ceases to be valid when the former employee returns.

Termination of a fixed-term employment contract usually occurs automatically, for which the appropriate terms are prescribed in the document in advance. It is also possible to prematurely terminate the relationship by either party for various reasons.

In case of violations, citizens can file a lawsuit in court.

Thus, the procedure for terminating an employment contract is considered a specific process. For it to be legal and correct, each party must take into account numerous requirements and rules. The initiator can be both the employee and the head of the organization. Often an agreement is drawn up to terminate the employment contract, which allows each party to take advantage of many advantages. In case of violations by the employer, hired specialists can go to court to challenge the contract or dismissal.

An employment contract may be terminated only on the grounds provided for by this Code.

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 37);

2) the expiration of the term of the employment contract (paragraphs 2 and 3 of Article 17), except for cases when the employment relationship actually continues and none of the parties has demanded its termination;

3) termination of the employment contract at will (Article 40), or at the request of the employee (Article 41), or at the initiative of the employer (Article 42);

4) transfer of an employee, with his consent, to another employer or transfer to an elective position;

5) the employee's refusal to be transferred to work in another locality together with the employer; refusal to continue work in connection with a change in essential working conditions, as well as refusal to continue work in connection with a change in the owner of property and reorganization (merger, accession, division, separation, transformation) of the organization;

6) circumstances beyond the control of the parties (Article 44);

7) termination of the employment contract with a preliminary test (Article 29).

15-17. Termination of the employment contract at the initiative of the employer

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, may be terminated by the employer in the following cases:

1) liquidation of an organization, termination of activities of an individual entrepreneur, reduction in the number or staff of employees;

2) inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work;

4) systematic non-fulfillment by the employee without good reason of the duties assigned to him by the employment contract or internal labor regulations, if the employee was previously subjected to disciplinary measures;

5) absenteeism (including absence from work for more than three hours during a working day) without good reason;

6) absenteeism for more than four consecutive months due to temporary incapacity for work (excluding maternity leave), unless the legislation establishes a longer term for maintaining a job (position) in case of a certain disease. For employees who have lost their ability to work due to an industrial injury or occupational disease, the place of work (position) is retained until the restoration of their ability to work or the establishment of disability;

7) appearing at work in a state of alcoholic, narcotic or toxic intoxication, as well as drinking alcoholic beverages, using narcotic drugs or toxic substances during working hours or at the place of work;

8) committing at the place of work the theft of the property of the employer, established by a court verdict that has entered into legal force or a decision of the body whose competence includes the imposition of an administrative penalty;

9) a single gross violation of labor protection rules that resulted in injury or death of other employees.

Article 43. Procedure and conditions for termination of an employment contract at the initiative of the employer

Termination of an employment contract on the grounds specified in paragraphs 1 (with the exception of the liquidation of an organization, termination of the activity of an individual entrepreneur), 2 and 3 of Article 42 of this Code is allowed if it is impossible to transfer the employee, with his consent, to another job (including retraining). ).

It is not allowed to dismiss an employee during a period of temporary disability (except for dismissal under paragraph 6 of Article 42) and during the period the employee is on vacation, except in cases of liquidation of the organization, termination of the activity of an individual entrepreneur.

When terminating an employment contract in accordance with paragraph 1 of Article 42 of this Code, the employer is obliged at least two months before the dismissal, if longer periods are not provided for in the collective agreement, agreement, to warn the employee in writing about the upcoming dismissal. In the event of an upcoming mass layoff of workers, the employer is obliged to notify the state employment service authorities of this at least two months in advance, indicating the profession, specialty, qualifications and wages of workers. The criteria for the mass dismissal of workers are determined by the Government of the Republic of Belarus or an agency authorized by it.

The employer has the right, with the consent of the employee, to replace the warning about the upcoming release with the payment of compensation in the amount of two months' average earnings. At the same time, if the initiative in reaching such an agreement comes from the employer after the employee has been warned about the upcoming release, compensation is paid in proportion to the time remaining until the end of the two-month notice period.

During the warning period provided for by this article, the employee fulfills his labor duties, obeys the rules of the internal labor schedule, he is guaranteed conditions and remuneration on an equal basis with other employees. Until the expiration of the warning period, the dismissal of an employee on the specified grounds without his consent is not allowed.

During the period of warning provided for by this article, the employee is provided with one free day a week without pay (by agreement with the employer - with pay) to resolve the issue of self-employment with other employers.