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 on 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 may be terminated at any time by agreement of its parties. And this is the only article Labor Code dedicated to this ground for the dismissal of 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. Nevertheless, guided by established practice (including judicial practice), at the moment it is possible to determine the basic rules and procedure for dismissal by agreement of the parties, which we will discuss in the article.
By by and large the procedure for dismissal by agreement of the parties is similar to that at the initiative of the employee, but there are still several differences. First of all, it is necessary to 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 there are no disputes between the employee and the employer regarding such dismissal (they are not uncommon), the agreement, of course, must be in writing. It can actually look like an agreement, 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 on own will, this statement should be:
Let's present a sample statement that can be considered as an agreement.
I don't mind. Director
HR Specialist Prikazova L. In MBUK "Central Library"
issue a dismissal on 01/20/2017. M. S. Knizhkina
To the accountant Kopeikina O. A. from the librarian
01/20/2017 to calculate L. M. Forlyarova
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 of the Labor Code of the Russian Federation on January 20, 2017.
Forlyarova /L. M. Forlyarova/
If the employer agrees to dismissal by agreement of the parties, but he 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 the termination of the contract by agreement of the parties, he must send the employee a written proposal to conclude an agreement. Here is an example of such a proposal.
Municipal state-financed organization culture
"Central Library"(MBUK "Central Library")
01/18/2017 To the librarian
ref. No. 3/k L. M. Forlyarova
SENTENCE
on termination employment contract
Dear Larisa Mikhailovna!
I ask you to consider the issue of 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. I ask you to report your decision in writing within three days from the date of receipt of this proposal.
Director of Knizhkina M.S. Knizhkina
Offer received. Forlyarova /L. M. Forlyarova/
If the employee agrees to the dismissal, he and the employer agree on the terms of dismissal and conclude an agreement. It must also indicate the grounds 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 handed over to the employee against signature. Let's give an example.
Agreement
about termination of the employment contract
dated 12.10.2014 No. 12/2014
Voronezh 20.01.2017
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 No. 12/2014 dated 10/12/2014 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 last working day of the Employee, 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 the wages due to him, 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 to each other.
6. This Agreement is made 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 head himself or by a person authorized by him, otherwise the court will recognize the dismissal as illegal.
In addition to observing the form of the agreement, the employer should strictly observe one more rule: it is unacceptable to force the employee to conclude an agreement to terminate the employment contract, since the main condition for such dismissal is the mutual voluntary will of the parties. And if the dismissed employee proves in court that he entered into such an agreement under the compulsion of the employer, he will be reinstated.
The main difference between dismissal by agreement of the parties from dismissal at the request of the employee is the impossibility of revoking the agreement. We recall that according to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time, unless another employee is invited to take his place in writing.
The employer cannot refuse to fulfill the agreement or force the employee to continue working. By virtue of clause 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation of the Labor Code of the Russian Federation”, if before dismissal one of the parties wants to cancel the agreement or change the term and grounds for dismissal, this cannot be done without the consent of the other party. In such a case, the parties must enter into a new agreement that cancels the previous one in whole or in part. (We give an example on page .)
And here you should pay attention to the fact that you can terminate the employment contract by agreement of the parties with any employee: with a woman who has a child under the age of 3 years; 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 the age of 18 or the sole breadwinner of a child under the age of 3 in a family raising 3 or more young children, if the other parent (other legal representative of the child) is not in labor relations; as well as pregnant women.
None of the employees of the listed categories, with the exception of pregnant women, can unilaterally refuse to fulfill the agreement. This conclusion follows from the Determination of the RF Armed Forces dated 05.09.2014 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 from the 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 the annulment of the agreement the employer has already issued a dismissal order, it must be canceled by another order.
Agreement
on the annulment of the agreement on termination of the employment contract
dated 12.10.2014 No. 12/2014
Voronezh 01/23/2017
The Municipal Budgetary Institution of Culture "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 Forlyarova Larisa Mikhailovna, hereinafter referred to as the Worker, on the other hand, jointly referred to as the Parties, have concluded this agreement about the following.
1. The parties have come to an agreement to cancel the agreement dated 01/20/2017 on termination of the employment contract dated 10/12/2014 No. 12/2014.
2. This Agreement is made in two copies, having equal legal force, one for each of the Parties.
Employer: Employee:
Director Knizhkin /M. S. Knizhkina / Formulyarova /L. M. Forlyarova/
23.01.2017 23.01.2017
A copy of the agreement has been received. Forlyarova /L. M. Forlyarova/
So, on the basis of an agreement, the employer issues an order. The order reflects the grounds for dismissal and the details of the agreement. The employee must be familiar with the order under the signature. The employee's refusal to sign the order cannot cancel the dismissal if an agreement has been concluded between the parties. Therefore, by virtue of Art. 84.1 of the Labor Code of the Russian Federation, in the case when the order to terminate the employment relationship cannot be brought to the attention of the employee or the employee refuses to read it under his signature, an appropriate entry is made on the order.
On the last day of work, it is issued to the dismissed person. If he refuses to receive it, the employer is obliged to send him a notice of the need to appear for a 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, the payments provided for by the agreement are made.
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. At the same time, it was 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 the employment or collective agreement provides for the payment of severance pay or compensation in cases of termination of the employment agreement 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 lawful, since the payment of benefits or compensation, in addition to the agreement, should be provided for by the labor or collective agreement, others - that the refusal is unlawful, since the agreement on termination of 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 to the employer, the provisions of Art. 349.3 of the Labor Code of the Russian Federation, which establishes a limit on the amount of severance benefits, compensations and other payments in connection with the termination of employment contracts for certain 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, chief accountants, it is not allowed to include conditions on the payment of severance pay to these employees, compensation and (or) on the appointment of any other payments. At the same time, if the payment of compensations and severance benefits is provided for by an employment or collective agreement, they are paid, but their amount cannot exceed three times the average monthly earnings of these 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 dismiss him?
If the employer manages to complete the procedure for bringing to disciplinary responsibility before the date of dismissal specified in the agreement, then the employee can be dismissed on the appropriate grounds of Art. 81 of the Labor Code of the Russian Federation. As for dismissal of one's own free will, if the date indicated in the letter of resignation precedes the date indicated in another statement, then the employee will have to be dismissed under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation after the expiration of the warning period. If not, then the employee is dismissed by agreement of the parties.
Question
Should we fire an employee by agreement of the parties if he is on sick leave?
If the employee fell ill on the date of termination of the employment contract, he still needs to be fired under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, since this is not a dismissal at the initiative of the employer. Moreover, if you do not formalize the dismissal by the date specified in the agreement, the agreements to terminate the employment relationship are canceled automatically.
Summing up, we highlight the basic rules for dismissal by agreement of the parties:
1. The agreement must be concluded 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 mutual voluntary 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), amended or canceled unilaterally - only by mutual agreement of the employee and the 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 on termination of an employment contract, refuses to quit (did not sign an 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 will automatically be cancelled.
8. Before the date of dismissal, the employee may be dismissed on other grounds.
The legislation allows termination of an employment contract by agreement of the parties. It is important that in work book was recorded correctly and accurately.
The initiator of the termination of labor relations can be any of the parties: an employee or an organization with which he officially concluded an agreement. A prerequisite for this is the existence of an agreement between the employer and the employee, as well as the establishment of the basis and term for terminating the contract.
Labor law does not strict form agreement on termination of the contract, however, it must be drawn up in a separate document. It will be correct to draw it up in two copies: one for each of the parties. But practice shows that in most cases the initiative is shown by the employee. Then the termination of the employment contract under paragraph 1 of part 1 of article 77 of the Labor Code occurs at his personal request and order of the organization. Additional agreements do not need to be drawn up and signed.
Labor relations always connect two parties: the employee and the employer. The reason for the dismissal of an employee is his personal desire associated with access to new job, relocation or other circumstances. If the initiator of the termination labor contract the employer is acting, then he is obliged to convey to the employee the reason, agree on the terms of dismissal and other conditions. Those. one party makes a proposal, and the other agrees to it.
The stages of dismissal of an employee by agreement of the parties are:
All records of employment and dismissal must be entered in the citizen's work book. Such a rule is established by Government Decree No. 225 dated April 16, 2003.
Upon dismissal by agreement of the parties, an entry is made in the book about its reason and the reason is indicated. The wording is given strictly with article 77 of the Labor Code. The norm about this is contained in the Rules for the maintenance and storage of work books, as well as in part 5 of article 84.1 of the Labor Code.
You should also keep general rules making entries on dismissal in the book:
Important! When specifying an article labor law it is necessary to clarify its paragraph and subparagraph on the basis of which the dismissal is made. By agreement of the parties, paragraph 1 of part 1 of Art. 77 TK.
The documents for terminating the contract by agreement of the parties are the agreement itself, signed by the parties, and the dismissal order, on the basis of which it is issued. The absence of an agreement is acceptable if the contract is terminated at the personal request of the employee.
It is the order that is the basis for making an entry in the work book. Therefore, its details are entered in the fourth column and contain:
In addition to the order, the basis may be another normative act organizations, e.g. protocol general meeting, or a solution. Information about him must be reflected in the work book.
The strict wording of the text of the entry has not been established, the only requirement is to indicate the reason for dismissal and a link to the regulatory document. The use of abbreviations is not allowed. Consider several examples of entries in column 3, and all of them will be correct:
Practice shows that the employee himself most often initiates the dismissal. His desire to change jobs or retire also occurs in agreement with management. In any case, the termination of the employment relationship is impossible without the agreement of the parties.
Any entry in the work book must comply with the rules for its maintenance, i.e. not be against the law.
When terminating the contract by agreement of the parties, it is mandatory for the parties to reach full agreement on all issues related to this process. It should be borne in mind that there is no reverse here. By signing a bilateral agreement, both parties cannot challenge the action in court.
In this article, we will again turn to the issue of dismissal by agreement of the parties. But this time we will look at it from a different angle, namely, we will find out how the dismissal is recorded by agreement of the parties in the work book, we will consider a sample, because this question still has no clear answer. But first we offer you short review the very process of dismissal by agreement of the parties, since not everyone, as we know, is well aware of this issue.
We all know that the legislation of the Russian Federation is far from perfect. Sometimes there are so few explanations for certain articles of the codes that a number of insurmountable difficulties arise for the inhabitants. You don’t need to go far for an example - just open the Labor Code of Russia at article number 78. In theory, this article is “responsible” for the dismissal of an employee by agreement of the parties, but it contains absolutely no specific information about the execution of this procedure. And information on this issue is needed very much, since the personnel department may face big problems when dismissed by agreement of the parties. Even an elementary mark in the work book may contain an error, which will later come out sideways.
Dismissal by agreement of the parties can occur absolutely at any time
Even your sick leave, vacation and so on will not interfere with this. Either the employer or the employee takes the initiative in dismissal and sends to the other party some kind of printed proposal for dismissal. On the part of the employee, this will be a Letter of Resignation by agreement of the parties, and on the part of the company or organization - a proposal for dismissal. Further, one of the parties receives the paper and has the right to either agree or refuse the proposal. In that scenario, when the parties reach some agreement on the issue of dismissal, the next step will be to draw up an agreement on the dismissal of the employee. After signing the agreement, the employer issues a dismissal order, which documents that the employee quit according to this wording.
Then everything happens exactly as with other types of dismissal: the last day at work comes and the employee receives a calculation in the main accounting department, he is paid the due cash, and then a work book is given with a corresponding entry that the employee quit by agreement of the parties.
Here, in fact, in brief, how the process of dismissing an employee by agreement of the parties goes.
Now let's move on to the main question that we voiced at the very beginning of the article: how is a work book drawn up upon dismissal mutual agreement?
We’ll warn you right away that very often people are mistaken when they point out the wrong articles of dismissal. A common practice is to write an article under the number 78 of the Labor Code of the Russian Federation - this is not true. Upon dismissal by agreement of the parties, article number 77 of the Labor Code of Russia and clause 1 of part 1 are indicated - this is the correct option.
But then a logical question arises: how to formulate this type of dismissal? Let's make a reservation right away that discussions have been going on for a long time between specialists in the field of personnel work on how to formulate a dismissal by mutual agreement. Generally, there are two approaches to this question:
Now consider the order of marks in the employee's work document. If we look at the fifth paragraph of the Instruction, we will see the following:
Thus, we examined how an entry is made in the work book upon dismissal by agreement of the parties.
The most peaceful way to terminate labor relations between an employee and an organization can be called. This is a separate basis, which is drawn up in writing. But, despite the apparent simplicity, dismissal under this wording requires compliance with many nuances, which every personnel officer should be aware of. In this article, we will consider how the work book is filled out upon dismissal by agreement of the parties, so that it can be considered legally correct and does not violate the laws of the country.
relies this species dismissal of an employee at Art. 78 of the Labor Code of the Russian Federation, according to which the employer can resort to this procedure at any time.
It turns out that the organization has the right to part with its specialist even during or on vacation.
As a rule, the company plays the role of the initiator here, but there are cases when the employee himself makes such a decision and turns to his superiors for this. An offer from any party may come either orally or in writing. Any of these options is quite legitimate and can be applied in practice.
After the employee and the company have agreed on such termination of the employment relationship, an agreement must be drawn up. Its form is free, because there are no rules provided by the legislative authorities. This document is a confirmation of the mutual consent of the parties, and its details are just needed to write them in the order. The agreement may include: important points, how:
When the agreement is concluded, it must be signed by the head of the enterprise and to an individual which works for him. It will be possible to cancel this paper after that only by mutual agreement, but not unilaterally. This should be taken into account.
It is important that the entry in the work book is correct, so the mark in the form of "dismissed by agreement of the parties" will not work. The wording should only be as provided for in Art. 84.1 of the Labor Code of the Russian Federation. And if you rely on this document, then you will need to write like this: “The employment contract was terminated by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation” (Article 77 of the Labor Code of the Russian Federation). A link to this article is required. You can write not “stopped”, but “terminated”. In general, the very wording of such a record is not as important as the reference to the TC.
In columns 1 and 2 of the book, you need to put the number and date of the entry, deviating one line from the previous entry. In column 3, an entry is made with the above wording. In column number 4, the employee of the personnel department must indicate the number of the dismissal order and its date. Everything written will have to be fixed with the personal signature of the responsible employee who executed the labor, as well as the company seal and the signature of the dismissed person. You can find a detailed sample.
Despite the fact that dismissal by agreement of the parties is the most painless and simple, here you need to know all the nuances well in order to make correct entry in the work book and correctly create necessary documentation. If the requirements are not met, this will entail the imposition of penalties or administrative liability on the company. Human resources representatives are responsible for this procedure, so they must be able to carry it out according to the letter of the law.
As well as the usual options dismissal of an employee, there is a dismissal by agreement of the parties. This option arises and quite often and is one of the democratic options for the development of the situation, in addition, for the employee it is not shameful. We will analyze the advantages and disadvantages of this option, what compensation is due to the employee and what documents are drawn up.
The departure of an employee from the company by agreement of the parties is an alternative and sometimes best option dismissal, is applied to a number of others, for example, with such as, but the semantic load is somewhat different. For comparison, in the first case, the basis will be a mutual agreement between the employee and the employer, and in the second case, the desire of the employee himself.
The initiator of such actions can be both the employer and the employee himself, they part by some kind of mutual agreement, which is regulated by article 78 of the Labor Code. Note that you can terminate the employment relationship at any time, by agreement. According to the labor code, it follows that, additions to the contract are drawn up in 2 copies, and the dismissal agreement should be drawn up in the same way.
Although the labor code does not require certain form such an agreement and does not even undertake to do it, but it is still strongly recommended to draw it up in order to close all issues with the employee and have documentary confirmation signed by both parties to the process.
Dismissal by agreement of the parties is initiated by mutual agreement of the parties when compiling a list of conditions.
In addition, this measure can be aimed at repaying the conflict between the parties, for example, if an employee refuses to quit and conducts some offensive actions. Of course, not everyone will be interested in suddenly leaving workplace at the discretion of the employer, who may have his own thoughts on reducing such a job or replacing it with a new candidate.
Attention! V this case there is one feature - it is allowed to dismiss an employee who is on maternity leave or during pregnancy, which in other cases is strictly prohibited.
If such a desire was expressed by the employee, then he must do the following:
The employee should think over the conditions in advance and it is possible to use the services of a lawyer when drawing up such a requirement.
In the event that such a process is initiated by the employer, he must do the following:
If the employee does not agree with the conditions set, then he can write a response letter indicating his conditions for terminating the employment relationship. But it is better and faster to resolve these issues "at the negotiating table" based on their results, it is necessary to draw up a document reflecting the agreements of the parties.
The Labor Code does not require a specific form of such an agreement, so it can be drawn up in free form what it may contain:
The advantages include:
Of course, there are also disadvantages that are more related to the minuses for the employee, and for the enterprise, of course, pluses:
Summary of shortcomings - do not hesitate to draw up agreements signed on paper and countersigned by both parties
As well as possible requirements on the payment of monetary compensation to an employee by the employer, it should be noted that, according to the law, upon dismissal by agreement of the parties, monetary compensation is not mandatory. Therefore, the requirements of the employee for "compensation" will not always be satisfied, it all depends on the negotiations themselves. And most likely the employer will go for it more often if the initiative to terminate the employment relationship comes from him, and not from the employee.
Attention! Financial compensation with such a dismissal is not mandatory - it is the subject of an agreement between the employer and the employee.
But do not forget that according to the law, the employee is entitled to all standard payments upon dismissal of an employee, such as compensation for unused vacation, if there are non-vacation days, as well as payment of wages for hours worked. All these payments must be calculated and paid to the employee on the day of dismissal. Regarding the "compensation", the agreement may indicate a different date for the payment of this amount.
It should be noted that compensation (compensation) paid by agreement of the parties is also subject to all payroll taxes.
If an employee took vacation in advance (on credit), then it is necessary to calculate the amounts that should be deducted from the salary due to him for the days worked.
The labor code does not describe how an agreement should be drawn up between an employee and an employer - in written or oral form. And also there is no approved form for this document. However, it is recommended to make it in writing: one copy with the signature of the employee about its receipt from the company, and the second from the employee.
The document must contain the following information:
Attention! None of the parties to this agreement may refuse to comply with the stipulated conditions. Changes to the conditions can only be in case of mutual consent of the parties.
The basis for termination of the employment contract is. The document must reflect the details of the terms of termination of employment signed between the parties.
The grounds for termination of the employment contract in this case will be the following entry: "By agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation." In this case, the stipulated conditions are not indicated in the document.
After the order is issued, the document must be registered in the company's order registration book.
After issuing the order, it is necessary to familiarize the dismissed employee with it. After reading the document, he must put his signature on the document. Without a signature, it will not be considered that the employee was familiarized with it.
If desired, the employee has the right, upon written request, to make a copy or extract from the order. The employer does not have the right to refuse him such a request.
Attention! If the employee refuses to sign the order or for some reason cannot do this, a note must be made in the document. In the presence of witnesses, it is necessary to draw up an act of refusal to read the order.
Information about the dismissal must be entered in, which is started when an employee is hired. In the column for the grounds for termination of employment, the details of the order and the date of dismissal are entered.
After making an entry in the document, the employee must be familiarized with the personal card by putting his signature. If you do not want to sign the document, you must draw up an act in front of witnesses.
An entry in Laborovaya about the reasons for dismissal with reference to the relevant article of the code “Dismissed by agreement of the parties”, clause 1, part 1, article 77 of the Labor Code of the Russian Federation. And without announcing the terms of this agreement.
To determine the exact amounts that are supposed to be paid to the employee upon termination of employment, a calculation is made and entered into a note-calculation in the form T-61. Based on this document, the cashier issues money to the dismissed person.
The front of the note indicates information about the place of work and the availability of vacation days unused during work. On the reverse side calculation of accruals and deductions is made, and exact amount, relying on the issuance of hands.
The employer is obliged to pay the full payment on the last working day of the citizen:
Sometimes, for some reason, the employee cannot receive money on the final day of work, for example, is not at the workplace or is ill. In this case, he needs to issue a calculation on the day when he made such a request.
If a dispute arose between the parties about the amount of payments, then the employer is obliged to issue an amount that does not cause disagreement. For the rest of the amount, it is necessary to negotiate or take the case to court.
Attention! Compensation for unused rest days is not paid if the agreement stipulates that the employee goes on vacation with subsequent dismissal.
Together with the calculation, the employer must hand over the following documents:
Important! If the employer did not issue a certificate of SZV-STAZH to the dismissed person, then he can be fined up to 50 thousand rubles.
The employer is obliged to notify the military registration and enlistment office where the employee was registered about his dismissal within two weeks. If he was in the military.
Often there are some disputes between an employee and an organization, for example, when they want to dismiss an employee without his consent, change to a new one, or make staff reductions, in this case they try to make the employee leave of his own free will, or by agreement of the parties, i.e. To. it saves time and nerves. Let's say, when reducing, it is required to notify the employee 2 months in advance, but here it is not required!
After writing a statement under the agreement and signing the agreement, it is no longer possible to change the article under which the termination of employment occurs. There may also be questions about postponing the date of dismissal. These nuances, including the proposal of one of the parties to terminate the dismissal procedure, are decided at the negotiating table. To do this, you need to send a letter to one of the parties. If both parties have come to new agreements, then this is reflected by the signing of a new agreement or the cancellation of the dismissal and the destruction of orders.
It should also be noted that when signing all agreements and documents, the employer must act as a person who has the right to sign such documents, according to a power of attorney or the charter of the enterprise. Otherwise, such documents can be considered null and void and have no legal force.
Documents on the part of the employer must be signed by a person who has the right to sign such documents for their legal force.
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