In the Russian Labor Code, several articles are devoted to the procedure for terminating an employment contract. The procedure can be initiated by both the employee and the employing company. Before you begin the dismissal, you must familiarize yourself with all the nuances of the law.
General procedure for processing the termination of an employment contract
When it was decided to terminate the contract, the organization draws up an order. This document can be executed as an order of the director of the organization. The contents of the order must be studied by the employee, and his signature will be required. However, if the employee refuses to do this, his disagreement is recorded by the employer. Subsequently, a written notice is sent to the person’s address through the “Russian Post” on dismissal. The employee, at his request, can receive the document in his hands.
According to the general procedure for termination of an employment contract, the date of termination of the agreement is considered the last working day in a particular organization. An exception is when the place was saved, but the person did not actually carry out activities.
Another very important point is the organization's entry in the work book. It must contain the article number of the Labor Code, which served as the basis for dismissal. If, as a motive, a circumstance is brought forward that is not stipulated by Russian law, such dismissal is considered illegal. When the basis for termination of the contract is the age, gender, race, nation of a particular person, this is fraught with administrative and criminal punishment for the head.
On the last day of work, the company counts on the employee and gives the book in his hands. If the former employee does not receive his document, a corresponding notification will be sent to him. And when he then applies to the employer with a demand for the issuance of a work book, the document may not be received immediately, but within 3 days from the date of application.
If there are disagreements about the amount of money laid down upon dismissal, its uncontested part is paid. The remaining funds are compensated after termination of employment and resolution of the dispute.
If the parties have reached a mutual agreement
When the employee and the employer agree to terminate the relationship, the procedure for terminating the employment contract will be as follows. The employee, first of all, must make a statement and sign it. The document must indicate the 1st paragraph of the 77th article of the Labor Code.
Often, after the termination of employment on this basis, a person decides to go public and receive benefits as unemployed. In this case, the amount of benefits will be calculated on the basis of the monthly salary at the previous place of work.
The employer and the employee conclude an additional agreement to the main one, which necessarily indicates that the parties have no claims to each other. As a rule, such agreements satisfy the interests of the former employee.
Termination of fixed-term employment contract
A feature of this type of agreement is that they can be concluded for a season, for performing a certain type of activity, or for the period of temporary absence of one of the employees. Therefore, the company management must warn about the dismissal in 3 days in writing. For the same period, the employee notifies the organization of the intention to terminate the contract. These requirements are described in Article 79 of the Labor Code.
Employee initiative
The procedure for termination of the employment contract in this case is based on Art. 80.It is also called voluntary dismissal. The employer must be informed of the decision by the employer at least 14 days before the termination of the agreement. For company executives, this period is at least a month.
Prior notice to the employer is not necessary in the following circumstances:
- admission to an educational institution;
- retirement;
- change of residence;
- violation by the organization of labor laws.
During the time that passes before the date of the proposed dismissal, the employee may change his mind and withdraw the application. However, they may not be able to save a place for him when the company has already found a new employee and cannot refuse to accept the latter.
When the employee did not withdraw the application, but at the same time did not insist on the termination of the contract, and the organization did not manage to make the calculation and prepare the documents, the employee is formally still in the state.
The legislation defines a number of reasons why you can quit on the day of writing the application. These include:
- the presence of young children or with disabilities;
- establishing custody of a close relative who was declared legally incompetent;
- the acquisition of occupational pathology that does not allow further work;
- loss of performance.
Company initiative
In any employment contract, the procedure for concluding and the grounds for terminating relations with an employee are described in detail. In particular, dismissal may be initiated by the organization. Article 81 gives such a right. Here are a few examples of reasons for terminating a contract:
- Liquidation of the company.
- Staff reduction.
- The employee does not meet the requirements for the position.
- Violation of labor discipline.
- Damage, embezzlement, theft of property.
- Presentation of fake papers at the conclusion of the contract.
The employer must provide documentary evidence of the reasons for the dismissal of the employee.
Dismissal during transfer
The procedure for processing the termination of an employment contract in this situation implies that the employee has confirmation of admission to another organization. Such a document may be a letter of guarantee from another organization. When it comes to elected posts, voting results will be required.
The employee refuses to continue to work
On this basis, labor relations with employees are terminated in cases where there is a reorganization of the enterprise, a change in its owner. However, it is possible to terminate the contract with the heads of departments, their deputies and accountants only 3 months after the new person comes to power.
If the working conditions have changed
Recently, more and more companies are changing organizational and technological working conditions. This happens for various reasons. Employees must be notified about innovations 2 months before they are introduced into the production process. If this does not suit a specific employee, the company is obliged to offer him a position corresponding to his qualifications and health. When he does not agree, it is possible to terminate the contract on the basis of Article 73 of the Labor Code.
If the consequence of the innovation may be the mass dismissal of employees, the organization should provide an opportunity to work part-time. Moreover, the company should operate in this mode for at least 6 months. When in this case, the employee prefers to quit, termination of the contract occurs under Article 81.
The reason is employee health
The procedure for amendment and termination of an employment contract implies the inability to perform official duties for this reason. In this case, the organization is required to offer another job. But the employee has the right to refuse it. He writes a letter of resignation. The document is accompanied by the conclusion of the medical board and papers confirming the absence of a suitable position.An entry on the termination of the contract on the basis of the 8th paragraph of Article 77 will be entered in the workbook.
Company relocation
If the organization, due to circumstances, moves to another locality, the head is obliged to inform the employees about this in a timely manner. And if some of them do not agree to continue cooperation, the contract with them is allowed to be terminated.
Circumstances independent of the parties to the agreement
The reasons for the dismissal of this nature can be many. Here are some formulations of the grounds for dismissal:
- The employee is called up for military service.
- The former employee who held a specific position was reinstated.
- The organization cannot provide another job.
- The employee was not elected to a new position.
- The medical board recognized the employee as disabled.
- The person was sentenced to punishment, which does not allow further activities in a specific position.
- An unknown absence, demise.
- Force majeure circumstances (for example, natural disasters).
According to the procedure for termination of an employment contract established by Russian law, documentary evidence of independent circumstances is required. On their basis, the organization draws up the relevant dismissal order. It is also possible to receive offers to work in another city or in a new position.
If there have been breaches in contracting
The procedure for concluding and terminating an employment contract in the event of violations during its preparation is also regulated by law. Such non-compliance with the norms of the Customs Code are identified by the inspection. If the fact of violations has been documented, the contract is terminated. Here are some reasons why this could happen:
- A specific person by a court decision cannot hold a position in the organization.
- The state of health did not allow performing labor duties, which was confirmed by the medical board.
- A person does not have sufficient experience and education to carry out a certain type of work.
In such circumstances, upon termination of employment, the organization pays severance pay to the former employee. Its size is determined by the average earnings that he received in his previously held position. The basis for termination of employment will be the initiative of the company.
How to deal with foreign citizens
The procedure for concluding and terminating employment contracts with foreign workers is somewhat different, although there are a lot of common points. After the dismissal has occurred, the company must send notifications to the migration, tax services and the stock exchange.
The grounds and procedure for terminating the employment contract are established by Russian law. The procedure may vary slightly depending on the reasons for dismissal. In order not to get into an unpleasant situation that entails a violation of labor law, it is necessary to study in advance the features of a specific dismissal procedure.
