What is the basis for dismissal by agreement of the parties? What is the difference from dismissal at the initiative of the employee? Can the agreement be revoked? In what order can it be changed? What is the procedure for dismissal by agreement of the parties? Should the condition for the payment of severance pay be established by documents other than the agreement?

By virtue of Art. 78 of the Labor Code of the Russian Federation can be terminated at any time by agreement of its parties. And this is the only article of the Labor Code devoted to this basis for dismissing an employee - on the one hand, the most universal, and on the other, the most “insidious”, primarily because its clear procedure has not been established. However, guided by established practice (including judicial practice), today it is possible to determine the basic rules and procedure for dismissal by agreement of the parties, which we will discuss in the article.

Rules for concluding an agreement.

By and large, the dismissal procedure by agreement of the parties is similar to that at the initiative of the employee, but there are still several differences. First of all, you should determine which document is the basis for dismissal. Article 78 of the Labor Code of the Russian Federation simply states that this is an agreement of the parties, its form is not indicated. That is, it can presumably be concluded orally.

In fact, so that disputes do not arise between the employee and the employer regarding such dismissal (they are not uncommon), the agreement, of course, must be in writing. It may look like an agreement itself, which is preferable, or like a statement from the employee if he initiated the dismissal. Moreover, in contrast to the employee’s application for dismissal due to at will, this statement must contain:

• the reason for termination of the employment relationship is by agreement of the parties;
• desired date of dismissal;
• amount of compensation or other conditions of dismissal (if any);
• signatures of the employee and employer.

Let us present a sample statement that can be considered as an agreement.

I don't mind. To the director

HR specialist L. Prikazova at the Central Library MBUK

formalize the dismissal on January 20, 2017. M. S. Knizhkina

To accountant O. A. Kopeikina from the librarian

01/20/2017 make calculations for L. M. Formularova

in accordance with labor

legislation.

01/18/2017, Knizhkina

Statement

I ask you to terminate the employment contract with me by agreement of the parties on the basis of clause 1, part 1, art. 77 Labor Code of the Russian Federation January 20, 2017.

Formlyarova /L. M. Formlyarova /

If the employer agrees to dismissal by agreement of the parties, but is not satisfied with the conditions specified in the application, for example, the date of dismissal, it is better to try to agree on them and reflect them in a separate agreement.

So, if the employer initiates termination of the contract by agreement of the parties, he must send the employee written proposal about concluding an agreement. Here is an example of such a proposal.

Municipal budgetary institution culture
"Central Library"

(MBUK "Central Library")

01/18/2017 To the librarian

ref. No. 3/k L. M. Formularova

OFFER

about termination employment contract

Dear Larisa Mikhailovna!

I ask you to consider terminating your employment contract No. 12/2014 dated 10/12/2014 in accordance with clause 1, part 1, art. 77 of the Labor Code of the Russian Federation by agreement of the parties on January 25, 2017 with payment of compensation in the amount of one salary. Please inform me about your decision in writing within three days from the date of receipt of this proposal.

Director Knizhkina M. S. Knizhkina

Offer received. Formlyarova /L. M. Formlyarova /

If the employee agrees to be dismissed, he and the employer agree on the terms of the dismissal and enter into an agreement. It must also indicate the basis for termination of employment, the date and other conditions of dismissal.

The agreement is drawn up in two copies, signed by the employee and the employer, and one copy is given to the employee against signature. Let's give a sample.

Agreement

on termination of the employment contract

dated 10/12/2014 No. 12/2014

Voronezh 01/20/2017

1. In accordance with Article 78 of the Labor Code of the Russian Federation, the Employee and the Employer agreed to terminate the employment contract dated October 12, 2014 No. 12/2014 by agreement of the parties (Clause 1, Part 1, Article 77 of the Labor Code of the Russian Federation) on January 25, 2017.

3. On the Employee’s last working day, the Employer undertakes to issue a completed work book and make a full settlement with him.

4. On the last working day, the Employer undertakes to pay the Employee what is due to him wages, compensation for unused vacations, additional monetary compensation in the amount of one salary, and the Employee undertakes to accept the specified amounts.

5. The parties have no mutual claims against each other.

6. This Agreement is drawn up in two copies having equal legal force - one for each of the Parties.

Employer: Employee:

20.01.2017 20.01.2017

We emphasize that the agreement on the part of the employer must be signed either by the manager himself or by a person authorized by him to do so, otherwise the court will declare the dismissal illegal.

In addition to observing the form of the agreement, the employer should strictly observe one more rule: it is unacceptable to force an employee to enter into an agreement to terminate the employment contract, since the main condition for such dismissal is the mutual voluntary expression of the will of the parties. And if the dismissed employee proves in court that he entered into such an agreement under the coercion of the employer, he will be reinstated.

Rules for cancellation of the agreement.

The main difference between dismissal by agreement of the parties and dismissal at the request of the employee is the impossibility of revoking the agreement. Let us remind you that according to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice period for dismissal, an employee has the right to withdraw his application at any time, except for the case when another employee is invited in writing to take his place.

The employer cannot refuse to fulfill the agreement or force the employee to continue working. By virtue of clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation", if before dismissal one of the parties wants to cancel the agreement or change the term and basis for dismissal, this will not be possible without the consent of the other party. In this case, the parties must enter into a new agreement that cancels the previous one in whole or in part. (We give a sample on page .)

And here you should pay attention to the fact that it is possible to terminate an employment contract by agreement of the parties with any employee: with a woman who has a child under 3 years of age; with a single mother raising a disabled child under the age of 18 or a young child (under the age of 14); with another person raising these children without a mother; with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under 18 years of age or the sole breadwinner of a child under 3 years of age in a family raising 3 or more young children, if the other parent (other legal representative of the child) is not a member in labor relations; and also with a pregnant woman.

None of the workers of the listed categories, with the exception of pregnant women, can unilaterally refuse to fulfill the agreement. This conclusion follows from the Ruling of the Armed Forces of the Russian Federation dated 09/05/2014 No. 37-KG14-4, which states that the guarantee in the form of a ban on the dismissal of a pregnant woman at the initiative of the employer, provided for in Part 1 of Art. 261 of the Labor Code of the Russian Federation, is also applicable to relations arising upon termination of an employment contract by agreement of the parties. Moreover, this rule also applies if the employee did not know about her pregnancy at the time of signing the agreement.

If at the time of cancellation of the agreement the employer had already issued a dismissal order, it must be canceled by another order.

Agreement

on cancellation of the agreement to terminate the employment contract

dated 10/12/2014 No. 12/2014

Voronezh 01/23/2017

The municipal budgetary cultural institution "Central Library" represented by the director Marina Stanislavovna Knizhkina, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and Larisa Mikhailovna Formlyarova, hereinafter referred to as the Employee, on the other hand, collectively referred to as the Parties, have entered into this agreement about the following.

1. The parties agreed to cancel the agreement dated January 20, 2017 on the termination of the employment contract dated October 12, 2014 No. 12/2014.

2. This Agreement is drawn up in two copies having equal legal force - one for each of the Parties.

Employer: Employee:

Director Knizhkina / M. S. Knizhkina / Formlyarova / L. M. Formlyarova /

23.01.2017 23.01.2017

A copy of the agreement has been received. Formlyarova /L. M. Formlyarova /

Dismissal rules.

So, based on the agreement, the employer issues an order. The order reflects the grounds for dismissal and details of the agreement. The employee must be familiar with the order upon signature. The employee’s refusal to sign the order cannot cancel the dismissal if an agreement is concluded between the parties. Therefore, by virtue of Art. 84.1 of the Labor Code of the Russian Federation, in the case where the order to terminate the employment relationship cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it and sign it, a corresponding entry is made on the order.

On the last day of work, it is issued to the person being dismissed. If he refuses to receive it, the employer is obliged to send him a notice of the need to appear for the work book or agree to send it by mail. On the same last working day, the final settlement is made with the dismissed person, in particular, payments stipulated by the agreement are made.

Please note

Article 178 of the Labor Code of the Russian Federation establishes cases of payment of severance pay, in particular in case of staff reduction, conscription military service. At the same time, it is established that an employment or collective agreement may provide for other cases of payment of severance pay, as well as establish their increased amounts.

Thus, if an employment or collective agreement provides for the payment of severance pay or compensation in cases of termination of the employment contract by agreement of the parties, then the employer is obliged to pay them.

When an employer refuses to pay compensation or severance pay, and their payment is established only by agreement, the opinions of the judges differ. Some believe that such a refusal is legal, since the payment of benefits or compensation, in addition to the agreement, must be provided for by an employment or collective agreement, others believe that the refusal is unlawful, since the agreement to terminate the employment contract is part of it and may contain conditions that are not provided for by the contract.

In any case, when paying compensation, the employer must comply with the provisions of Art. 349.3 of the Labor Code of the Russian Federation, which establishes a limit on the amount of severance pay, compensation and other payments in connection with the termination of employment contracts for individual categories workers.

In particular, in agreements on termination of employment contracts in accordance with Art. 78 of the Labor Code of the Russian Federation with the heads of the organization, their deputies, and chief accountants, it is not allowed to include conditions on the payment of severance pay, compensation and (or) on the appointment of any other payments to these employees. At the same time, if the payment of compensation and severance pay is provided for by an employment or collective agreement, they are paid, but their amount cannot exceed three times the average monthly salary of the specified employees.

Question

If, before the date of dismissal according to the agreement, the employee grossly violated labor discipline or changed his mind and wrote a letter of resignation of his own free will, on what grounds can we fire him?

If the employer manages to complete the procedure for bringing disciplinary liability before the date of dismissal specified in the agreement, then it is possible to dismiss the employee on the appropriate grounds of Art. 81 Labor Code of the Russian Federation. As for voluntary dismissal, if the date specified in the resignation letter precedes the date specified in another statement, then the employee will have to be fired under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation upon expiration of the warning period. If not, the employee is dismissed by agreement of the parties.

Question

Should we dismiss an employee by agreement of the parties if he is on sick leave?

If an employee falls ill on the date of termination of the employment contract, he still needs to be dismissed under clause 1, part 1, art. 77 of the Labor Code of the Russian Federation, since this is not dismissal at the initiative of the employer. Moreover, if you do not formalize your dismissal by the date specified in the agreement, the agreement to terminate the employment relationship will be canceled automatically.

To summarize, we highlight the basic rules for dismissal by agreement of the parties:

1. The agreement must be concluded in in writing, indicating the grounds for dismissal, the date of dismissal, the amount of compensation, if any, (other conditions), and signed by the employee and the employer (other authorized employee).

2. The agreement is concluded only by the mutual voluntary expression of the will of the parties.

3. The terms of the agreement must not contradict the provisions of the law.

4. The agreement cannot be revoked by the employee (unless the employee is pregnant), changed or canceled unilaterally - only by mutual consent employee and employer by concluding a separate agreement.

5. Upon dismissal, the dismissal procedure must be followed and the terms of the agreement must be met.

6. If an employee, having signed an agreement to terminate the employment contract, refuses to resign (did not sign the order, did not receive a work book), he is subject to dismissal and such dismissal is lawful.

7. If the employee is not fired on the day specified in the agreement, it is automatically canceled.

8. Before the date of dismissal, the employee may be dismissed for another reason.

Termination of an employment contract by agreement of the parties requires a careful approach: a procedural error or an incorrectly executed document can lead the employer to court. Step by step instructions and a sample order can be found in the article.

In the article:

Download this useful document:

When is termination of a contract by mutual consent allowed?

To formalize the termination and amendment of an employment contract by agreement of the parties, no special reasons are needed. It is enough to draw up a document confirming the will of the parties. This scenario is acceptable even in situations where unilateral dismissal is simply impossible or difficult to implement - for example, if you need to end a relationship with an employee who is on vacation or sick leave, a parent with many children, a pregnant woman or a teenager.

But not only the employer benefits from this scenario. Since the law does not require specifying the real reasons for termination of the contract by agreement of the parties, the employee’s reputation will not suffer, unlike dismissal "under article".

Risks

Dismissal by agreement - the most peaceful way to part with a problematic employee who is facing dismissal for violation of discipline or inadequacy for the position held. For example, if a teacher does not fulfill the requirements for advanced training of teaching staff. The risk of litigation is minimal if all documents are drawn up correctly.

GPC agreement

How does dismissal by mutual consent occur (sample + step-by-step instructions)

The initiative can come from both the employee and the employer. The proposal is made in writing and transmitted to the other party, who has the right to accept it or refuse it. If both parties are ready to terminate the contract, you can move on to the next stage.

The procedure for terminating the contract by agreement of the parties

1. Enter into a written agreement. Specify the terms of termination of the contract, write down all the conditions. If the company plans to pay the employee monetary compensation, indicate the exact amount of the payment. Read more in the magazine "Personnel Affairs":
2. Confirm the agreement with the signatures of the parties. Make sure the employee signs the employer's copy.
3. Issue an order to terminate the contract. Correctly indicate the basis for dismissal: “by agreement of the parties” with reference to paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation. Please provide the details of the agreement below. Compose your own sample or download it from the Personnel System: Sample order for termination of an employment contract by agreement of the parties
4. Issue a personal card and work book. Make entries in strict accordance with the wording of the order, and refer to it when filling out column 4 of the work book.
5. Pay the employee. Pay wages and all due compensation in full. Even if the amount is large, it must be paid in full on the day of settlement - the law does not provide for installments. Give it to the employee work book, an extract from the SZV-M form and other documents related to the work.

How to formalize a refusal to terminate a contract by agreement of the parties

It is impossible to refuse to terminate the contract unilaterally. But you can cancel earlier decision made by mutual consent, acting in the same way as in amendments to the employment contract(Article 72 of the Labor Code of the Russian Federation).

Draw up another written agreement in free form, indicating the details of the parties, as well as the date and number of the document being canceled. Indicate that the employee and employer have reached a mutual agreement, enter the current date, print out the agreement in two copies and certify each with the signatures of the parties. The employee must sign for his copy on a form that remains with the company.

Attention! If the employee who signed the agreement found out about her pregnancy and asked to cancel it, it is better to meet her halfway. Pregnant woman has every chance of being reinstated through the courts.

The employment relationship with an employee who is ready to negotiate can be terminated by agreement of the parties - quickly and without unnecessary risk. Draw up the agreement in free form, avoiding vague language, and be sure to hand over one copy to the employee. The document can be canceled only by mutual decision of the parties, unless we are talking about the employee’s pregnancy.

One article is devoted to dismissal by agreement of the parties. Labor Legislation- art. 78 Labor Code of the Russian Federation. It says a little: labor agreement may be terminated by mutual agreement.

In fact, neither the employees nor the employer understand the essence of such termination and its consequences. In this regard, many questions arise: how the process works, whether the employee is entitled to any payments, what reasons there may be that prompted the employee and the employer to make such a decision.

Features of dismissal by agreement

There are two features of dismissal for cause:

• an employee can resign whenever he pleases (on vacation, during illness);
• On this basis, the student agreement can be terminated.

There is some nuance in this basis - you don’t have to work out the required 2-week period, which is mandatory in case of voluntary dismissal.

Pros and cons for the employee

Here you can highlight the pros and cons of such dismissal for the employee. The advantages include:

• the initiative to terminate the contract can come from both the employee and the employer;
• the reason for dismissal may not be indicated in the application;
• There are no deadlines for submitting an application;
• You can terminate an employment contract at any time, even in cases prohibited by law;
• you can “bargain” with the employer - discuss with him the terms, the amount of severance pay, etc.;
• the record of dismissal by agreement does not “spoil” the work book;
• may be an alternative to dismissal if the employee is at fault;
• With this wording of dismissal, the continuity of service lasts for another 1 calendar month;
• If you then register with the employment center at your place of registration, the unemployment benefit will be slightly higher.

But there are also disadvantages. They are considered disadvantages for the employee. This:

• the employer can terminate the contract at any time, even in cases prohibited by law;
• there is no control over the legality of dismissal on the part of the trade union;
• the employer is not obliged to pay the employee severance pay unless this is stipulated in the collective agreement, additional agreement or other local regulation;
• you cannot unilaterally change your mind and withdraw your resignation letter if the agreement has already been signed;
• Judicial practice in such cases is scanty, since it is almost impossible to challenge the actions of the employer.

Registration of dismissal

It is necessary to draw up the actual agreement on termination of the employment contract (the initiator can be either the organization or the employee). Art. 67 of the Labor Code of the Russian Federation establishes the need for a written conclusion of an employment contract, therefore it is more expedient to draw up the agreement on paper rather than in words. The document is drawn up in 2 copies and has all the necessary details.

Sample and contents of the agreement

It should contain the following information:

• mutual content of the parties;
• details of the employment contract that needs to be terminated;
• date of termination of employment, that is, the date of the last working day;
• the amount and terms of payment of monetary compensation to the employee, if provided;
• date and place of his imprisonment. Without this information, the document will be considered void;
• position and full name of the employee;
• full name of the employer indicating the organizational - legal form;
• position and full name of the person who represents the interests of the employer and has the authority to sign documents;
• passport details of the dismissed employee;
• employer's tax identification number;
• Signatures with transcripts.

The agreement is signed by both parties. The document can provide for monetary payment of compensation to the employee for termination of the contract (compensation for dismissal by agreement is not at all prerequisite such termination of the contract).

Payments upon dismissal

Based on Art. 140 of the Labor Code of the Russian Federation, the employer is obliged to pay the employee on the day of dismissal. The amount paid to the employee includes:

• salary for hours worked;
• compensation for unused vacation;
• compensation for termination of the contract, if provided for in the agreement.

What kind of compensation should I ask for?

The amount of compensation is not specified in the law. She can be anyone! Its size may be specified in a collective agreement or local regulation.
The main condition is that the employee and employer can agree. As a rule, the amount of compensation is no less than for dismissal due to staff reduction - a maximum of 3 average employee salaries. This is what HR practice shows. The employee has the right to ask for more, the employer has the right to offer less.

The employer is obliged to pay compensation only if it is stipulated in the regulations by enterprise. In all other cases, it is his right!
The amount of compensation is specified in the agreement, which is signed by both parties. Only in this case will the employee be able to sue if the employer violates the terms of termination of the employment contract, according to this document.

Such an agreement cannot be terminated by one of the parties; its cancellation requires the desire of two participants in the labor relationship: the employee (employee) and the employer - clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004.

Agreement with payment of compensation

In any case, the employee writes a statement. It must contain the following information:

• position and full name of the employer or person. authorized by him to sign applications;
• position and full name of the employee;
• request to terminate the contract;
• reference to paragraph 1 of Art. 77 of the Labor Code of the Russian Federation or at Art. 78 Labor Code of the Russian Federation;
• number and date of the current employment contract;
• the date when the contract is planned to be terminated;
• request to pay the compensation specified in the agreement;
• date of application;
• applicant's signature with transcript.

The agreement is an annex to the contract. It can be drawn up by both the employee and the employer. The employer has the right not to sign the application until the parties reach a consensus.
The period for discussing the conditions may be somewhat delayed. All issues discussed by the parties are recorded in the protocol of disagreements. When mutual understanding is reached, it is necessary to draw up a new text of the agreement, or make adjustments to the old document, making reference to the protocol of disagreements.

The dismissal is formalized by an order, where an indication must be made of clause 1, part 1 of Art. 77 Labor Code of the Russian Federation. The order is signed by the employee, or a note is made about the impossibility of familiarizing him with the document (in case of absence or unwillingness).

A corresponding entry is made in the work book of the dismissed employee, indicating that the contract is terminated by mutual agreement.

Entry in the work book

The recording is made by a human resources employee.
There are 2 options for how an entry in an employee’s work book should look when dismissed on this basis.

Option one:

• the record number is indicated;
• the date it was made;
• in column 3 it is written: “dismissed by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation”
• date and order number.

Option two:

• in columns 1, 2 and 4 the same information is indicated as in the first case;
• in column 3 you can write: “the employment contract was terminated by agreement of the parties, paragraph 1 of part 1 of article 77 of the Labor Code of the Russian Federation.” Both entries have the same legal force.

A copy of the order and work record book is given to the employee on the day of dismissal.

More information in our infographic

Reasons for dismissal and advantages of such grounds for dismissal

Reasons prompting an employee to leave the employer:

1. by article (for example, absenteeism);
2. the likelihood of receiving “compensation” from the employer (beneficial for women on unpaid “children’s” leave);
3. the need to go to another job, but there is no time to work out the allotted time.

Reasons prompting an employer to fire an employee:

1. the need to terminate the employment relationship with an unwanted employee;
2. the need to dismiss employees who cannot be dismissed for other reasons (pregnant women on sick leave, students, workers on vacation).

Benefits for the employer:

1. there is no need to consult and notify the union of the proposed dismissal;
2. the employee with whom the agreement has been drawn up can be fired in any case, since changing the decision on the part of the employee himself is not possible without the consent of the organization.

When concluding an agreement, it must be taken into account that the employee has the right to challenge it in court, arguing his position by pressure from the employer, especially when it comes to workers in the most vulnerable categories who were dismissed without monetary compensation.

Payments at the labor exchange

Within 2 weeks after dismissal, the employee has the right to register with the employment center at his place of residence. The following documents are required for this:

• passport;
• document on education;
• work book;
• a copy of the parties' agreement on dismissal;
• certificate of the applicant’s earnings for the last 3 months of work;
• application in the prescribed form.

In 2018, only the following can obtain unemployed status:

• able-bodied citizens;
• who have reached the age of 16;
• who are not pensioners or full-time students;
• not engaged entrepreneurial activity;
• those who do not hold the position of founders of enterprises and firms;
• sentenced to correctional labor or imprisonment.

The amount of the benefit depends on the average earnings of the unemployed over the last 3 months at the last place of work. Average earnings determined on the basis of the data presented in the certificate from the last place of work.
In the first 3 months of being unemployed, the applicant will receive 75% of his average earnings. In the next 4 months - 60%, and then - 45%.

The benefit is accrued and paid only for 12 months over a period of 1.5 years. If an unemployed person was unable to find a job within a year through no fault of his own, the benefit will be paid for another 1 year. Its size will be equal to the minimum benefit in the region.
The applicant receives unemployed status on the 11th day from the date of submission of all documents. In the first 10 days, employees of the employment center offer him all available vacancies that suit his qualifications.

If the applicant has an “unpopular” specialty, he will be offered training or retraining. If in 10 days he does not find suitable job or place of registration, on the 11th day he will receive the status of unemployed and will receive unemployment benefits from that day.

The amount of the benefit paid cannot be less or more than established by Law No. 1032-1 of April 19, 1991 “On Employment” - 850 rubles and 4,900 rubles, respectively.
The authorities of some regions make additional payments to their unemployed. So, in Moscow, the government compensates for transportation costs in the amount of 1,190 rubles, and makes an additional payment of 850 rubles to the minimum and maximum size. Thus, unemployed Muscovites receive 2,890 and 6,940 rubles, respectively.

If the applicant gets a job through the exchange or on his own, then he is deregistered and ceases to receive benefits. Also, he is not deregistered if he refuses the offered vacancies 2 times or refuses to undergo retraining in the direction of the center.

Step by step instructions

Does the employer offer to terminate the employment contract by mutual consent? To ensure that your rights as an employee are not violated, you must use the following instructions:

• this agreement must be drawn up. Both parties must participate. The employee has every right to introduce his own conditions for subsequent dismissal. He himself may offer to pay him compensation, he may indicate its amount, etc. It is worth considering Art. 349.3 of the Labor Code of the Russian Federation, which indicates the categories of employees who are not entitled to severance pay. The agreement is drawn up in 2 copies;
• registration of the agreement. This is done by the secretary or clerk in the order that the employer has. For example, in the agreement log;
• handing the second copy to the employee. Delivery is confirmed by the employee’s signature on the employer’s copy. Experts recommend writing “I have received a copy of the agreement”;

In accordance with Articles 67 and 72 of the Labor Code of the Russian Federation, an entry is made into the Labor Code on the basis of an employment contract (EA) concluded at the time of employment. That is, when hiring a specialist, you will initially reach an agreement that he will become your employee voluntarily, without coercion on your part.

There are no exceptions in this sense. And when terminating industrial relations, the same relaxed interaction should develop between you.

The designated articles of the Labor Code of the Russian Federation state that any changes to the relations established on the basis of TD, based on the good will of the parties, are formalized by the appropriate written certificate. Agreement – written document, stating that agreement has been reached on the cancellation of the TD.

Based on Article 78 of the Labor Code of the Russian Federation in this situation, termination of the employment relationship can be carried out at any convenient time, freely and without complications of a legal or other nature. Mutually conditioned desire is a sufficient reason for stopping inappropriate actions.

Direct entry is made based on clause 1 part 1 art. 77 Labor Code of the Russian Federation.

The paperwork procedure provides for the formation of documentation flow according to routine, with the implementation of rules and regulatory standards. The entry you made in the TC will receive legal force, by observing the basic provisions of the organizational plan:

1. The agreement to terminate the TD is drawn up in the form of a document, signed and sealed by the organization.
2. It is based on the provisions, clauses and subclauses of the TD. Special requirements is not presented to him, but attention should be paid to what may subsequently become the cause of conflict. These points must be foreseen.
3. The agreement must include all the fragments of activity accompanying the dismissal, including mutual settlements.
4. Based on the agreement drawn up, a dismissal order is drawn up. The employer is required to sign it.
5. The order must be issued (registered).
6. The person leaving must be familiarized with it against signature 3 days before receiving the Labor Code or earlier.
7. Based on an order completed in accordance with all the rules, an entry is made into the labor record.
8. When handing out a document, a document must be entered, which must be bound and with numbered sheets. How to flash a work record book - read.

If the sequences are not followed or the preliminary documentation is not properly completed, the entry you made in the employee’s work book may be declared invalid, which will entail certain difficulties for both parties. Regulated by law and.

After the procedure for drawing up an agreement and proper preparation order, you have the opportunity to make an entry in the Labor Code. Please approach this process carefully and carefully double-check all initial information.

When entering, open TC on the page where the last available entry was made. It is likely that you made this entry at the moment when cooperation with the resigning employee began.

Pay attention to the first column, where the next serial number. Accordingly, below you will put the number under which your entry about the cancellation of the TD will appear.

Check that the beginning of its application does not stray from the line you have chosen., the entry must be made exactly. Each column is filled in from the beginning of the same line.

Next, in the second column, enter the date of dismissal of your employee. It includes: date, month, year. An entry in the TC can be made not on the day of issue, but in advance. Please note that the date will correspond to the day of dismissal, and not the entry made.

The basis of production is entering all information about working life persons, makes up the third column. It includes all data on labor movements, as well as the reasons accompanying them. All of them should look standard and reflect the requirements of legal regulations.

The dismissal phrase must be constructed concisely, correctly, based on regulatory framework and when using regulated terms and expressions.

The phrase you literally wrote will be almost word for word: “The employment contract was terminated by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation.”

Without changing the column, here, but just below, provide information about yourself as the person responsible for making entries in the Labor Code (position, surname, initials). In the fourth column, the order on the basis of which the procedure was carried out is entered. It should contain information:

• publication dates,
• serial number.

Conclusion

The indicated method of resolving the issue when interaction in industrial relations did not work out for one reason or another can be called fundamentally effective. Moreover, it has undeniable advantages in comparison with other forms of TD termination.

Experts in the field of labor law universally recommend reaching an agreement in any, even the most difficult situations.

On the last working day, the employee must receive a full payment and work book in hand. What entry should be made in the document and what is the basis for filling it out? In the material below we will tell you how to check that the book is filled out correctly so that there are no problems later when applying for a pension.

The registration of the work book at the enterprise is carried out by an employee of the HR department. Sometimes these duties are assigned to another official as a combination of duties.

The main thing is that the responsible executive knows first-hand how and when the employee’s work book should be filled out. Otherwise, he will simply spoil the document and will have to make a correction.

It is worse if corrections are not made, and when applying for a pension, the employee will not be taken into account part of the length of service. This is why a record of dismissal by agreement of the parties is so important.

The procedure for voluntary dismissal

Dismissal requires a special procedure, which includes:

• Agreement of the parties
• Order based on mutual consent
• Calculation of amounts to be paid
• Processing and transfer of cases
• Receiving a calculation and work book

Thus, the basis for filling out a work book is an order, which in turn is drawn up on the basis of an agreement.

PLEASE NOTE: a regular application from an employee with a director’s approval visa can also serve as an agreement.

Record of dismissal by agreement of the parties

All entries in the work book must be made on the basis of labor law standards. IN in this case this is the main document regulating labor and employment in Russia, namely - Labor Code. If we are talking about dismissal by agreement of the parties, then you need to carefully read the information in Article 77 of the document. This article will be the basis for making an entry in the employee’s work book.

IMPORTANT: before making an entry in labor worker make sure that the corresponding order has already been drawn up and signed by the parties.

Recording procedure:

Step 1: receive an application from an employee with a director’s visa or an agreement of the parties, endorsed by the parties.

Step 2: prepare a dismissal order by agreement of the parties and have it signed by the manager and employee.

Step 3: wait until the end of work before making an entry in the work book, because the parties to the agreement may still change their minds.

PLEASE ATTENTION: if the order indicates dismissal by agreement of the parties, an entry in the employment record is not made immediately, since the parties can cancel it by mutual desire; on the other hand, such a basis does not allow unilateral refusal of agreements; for example, an employee cannot change his mind about quitting, as is the case with the termination of an employment relationship on his own initiative.

Step 4: if the work is completed and the employee is working on the last day, make an entry in the labor report - dismissed by agreement of the parties.

Step 5: on the last day before dismissal, give the employee a full paycheck, income certificates and a work book against signature.

As you can see, the procedure for compiling labor records is streamlined. There are special instructions for filling out the document. A personnel officer who has studied the rules of law knows very well what and when to write on the form so that it does not have to be redone. The main thing to remember is that all corrections must be made in a special way:

• No putty or grout
• Cross out incorrect value
• Write the correct text and/or date
• Record with the inscription: “Believe the corrected”
• Certify with the signature of the director and the seal of the organization

If you find an error, please highlight a piece of text and click Ctrl+Enter.