Dismissal by agreement of the parties - procedure for registration. Dismissal by agreement of the parties. How to avoid controversial issues. How to formalize dismissal by agreement of the parties

Despite the fact that the Labor Code of the Russian Federation (LC RF) has been in force for over 4 years, it contains legal norms that at first glance seem unremarkable and not at all difficult to apply. However, upon closer study and analysis of their text, the implementation of the provisions contained in them raises significant difficulties. Thus, Article 78 of the Labor Code of the Russian Federation, which regulates dismissal by agreement of the parties, in terms of brevity, confidently holds the palm among its “neighbors” under the Labor Code. The procedure for terminating an employment contract on this basis is not prescribed in any regulatory document, so our practical recommendations for documentation should come in handy.

Features of dismissal by agreement of the parties

Dismissal by agreement of the parties has its own characteristics.

Firstly, VIn accordance with Article 78 of the Labor Code of the Russian Federation, an employment contract can be terminated on this basis at any time. This means that Article 78 of the Labor Code of the Russian Federation allows fire an employee both during the period of his being on vacation, and during the period of his temporary disability, which cannot be done upon termination of the contract at the initiative of the employer (except in cases of liquidation of the organization or termination of the activities of the employer-individual). At the same time, no control is provided on the part of trade union organizations over the dismissal of workers on this basis.

Secondly, so way not only the employment contract, but also the student contract may be terminated, which, according to Article 208 of the Labor Code of the Russian Federation, is terminated on the grounds provided for termination of an employment contract.

Technique for terminating a contract by agreement of the parties

Please note the following point. Article 78 of the Labor Code of the Russian Federation regulates dismissal by agreement of the parties. But the Instructions for filling out a work book require reference in this case to paragraph 1 of Article 77 of the Labor Code of the Russian Federation. Since the basis for making an entry in the work book is an order, it must also contain a reference to clause 1 of Art. 77 Labor Code of the Russian Federation. For the same reason, we indicate this article in all possible documents preceding the issuance of the order.

Now we will try to explain the procedure for carrying out such a dismissal. Before terminating an employment contract in this way, one of the parties (employee or employer) must offer to do so.

Initiating document

Let's first imagine what it is the employee expressed a desire break up by mutual agreement. In this case, he should send unilateral offer to the employer about termination with him labor relations, in terms of civil law, an offer , which can be accepted (“approved”) by the employer or not. The proposal is submitted in the form of an application.

This is where problems arise with writing the text of a document. A fairly common mistake is to use the following formulation:

Which sides? Reading such a statement, you think that, secret from the employee, the employer will be forced to let him go on all four sides only after concluding an agreement with some mysterious third party.

It seems that it would be more correct to compose the text of the statement in one of the following ways:

Please note the following point. To terminate the employment contract by agreement of the parties, the employee’s request must be expressed in one of the above ways (Examples 2 and 3). If the employee wrote a statement asking fordismissing him at his own request, even if the employer expresses consent, it does not automatically transform into an agreement of the parties.

An example of a correct application is presented in Example 4.

If the initiator termination of the contract is the employer, then he will have to send an offer to the “unhappy” employee. When drafting the text of this document, it should be remembered that the employer is not obliged to motivate his proposal in any way.

Proposal to terminate the employment contract might look like Example 5.

Agreement and order to terminate the employment contract

After the parties reach a consensus, it is necessary to draw up the agreement on termination of the employment contract.

Convenient if initially conditions for termination of an employment contract on this basis were introduced V text of the section of the employment contract, providing the grounds for its termination. A fragment of the employment contract in this case may look like this:

Procedure for termination of employment relations on this basis can also be stipulated in the collective agreement between employees and the employer.

When drafting an agreement, you can use the language presented in Example 7.

It is worth noting that the text of Article 78 of the Labor Code of the Russian Federation does not say about the need for written form agreement between the parties at termination of an employment contract. For this reason, often the employer and employee, not having any claims against each other and not being interested in each other, do not formalize this “agreement” in writing. However, according to the author of the article, this is not entirely true. An agreement must be drawn up in any case. Based on this, an order is issued. Completed form dismissal order by agreement of the parties

is given in Example 8.

“Advantages” of dismissal under paragraph 1 of Article 77 of the Labor Code of the Russian Federation

Both for the employee and for the employer there are advantages of applying paragraph 1 of Art. 77 Labor Code of the Russian Federation.

• The “advantages” for the employee in this case are as follows:
• continuous service is maintained for one month after dismissal, and not for three weeks, as in the case of termination of an employment contract at one’s own request without good reason;

if a person registers with the employment service, the benefit will be paid to him in a much larger amount and for a longer period of time than in case of dismissal of his own free will without good reason.

• there is no requirement to coordinate the dismissal with the trade union body, and in cases with employees under eighteen years of age - with the state labor inspectorate and the commission for minors;
• no compensation or other guarantees are provided for termination of employment relations with an employee(unless this is expressly stated in the employment or collective agreement).

Resign by agreement of the parties is possible only with the consent of both parties to the employment contract: the employee and the employer. If one of the parties does not want this, for example, an employee, then there can be no question of the legality of dismissal on this basis.

How to properly formalize dismissal by agreement of the parties? What should remain with the employer? What entry is made in the work book upon dismissal by agreement of the parties? What mistakes do employers make? What should an employee pay attention to?

What is the difference between dismissal by agreement of the parties and dismissal at will?

When the initiative to terminate the employment contract comes only from the employee. He must express his desire in writing by writing a statement, and notify about this at least 2 weeks in advance. During these 2 weeks, the employee must work and receive wages; he can also be on vacation, on sick leave, on a business trip, etc., which is not interrupted by the warning period.

When dismissal by agreement of the parties, the initiative can come from either party: both the employee and the employer. The Labor Code does not regulate the issue of such an initiative itself; it can be either an oral proposal or a written one. The employee and the director talked and decided to terminate the employment contract by agreement of the parties on a specific date, with specific conditions. This is enough for the initiative itself.

You can also make a written proposal. For example, like this:

“Dear Ivan Ivanovich!

I suggest you terminate the employment contract by agreement of the parties DATE with payment of compensation amount.

Director, signature.

Date of."

An offer from an employee can also be written if it is impossible to get an audience with the director.

"In LLC "..."

From POSITION, full name

Proposal to terminate the employment contract by agreement of the parties.

I ask you to consider terminating the employment contract with me DATE by agreement of the parties

DATE OF.

Signature"

If the employee can withdraw his application during the period of notice of dismissal, then he will not be able to be fired. In this case, the employer's wishes do not matter.

When the employee and the employer have agreed to terminate the employment contract, it is impossible to unilaterally cancel the dismissal. To do this, both the employee and the employer must agree not to terminate the employment contract.

If agreement is reached in writing, for example, the employee wrote “I agree” on the employer’s proposal or the director imposed a resolution on the employee’s proposal “Agreed”, but the dismissal itself has not yet been made, then if the decision changes, you must again make a proposal not to terminate the employment contract for agreement of the parties in writing. However, if the other party does not agree, then the employment contract will have to be terminated.

How to properly formalize dismissal by agreement of the parties?

There is no specific procedure for terminating an employment contract by agreement of the parties. But since the employment contract is concluded in writing, its termination must also be formalized in writing.

Option 1.

One of the parties makes a written proposal, and the other party writes “I agree” on this proposal. But the offer must indicate the termination date and the conditions under which the offering party wants to terminate the contract.

In this case, the employer has confirmation of the legality of termination of the employment contract by agreement of the parties, if the initiator was the employee. If the initiative was taken by the employer, then the employee, if he agrees, needs to keep a certified copy of this document. This way he will be able to demand compensation that the employer promises, demand timely dismissal and payments due in the event of a delay in issuing a work book and payment.

Option 2.

If the offer was made orally, and the other party also agreed orally, then this consent must be documented. This may be an “Agreement on Termination of Employment Contract”. It is drawn up in any form, indicating the parties. The agreement must specify what the parties agreed on: termination of the employment contract by agreement of the parties, article of the Labor Code, date of termination, compensation, if the employer and employee agreed on them. The document is signed by both parties and each is left with a copy of the agreement.

I still recommend the second option. This way, both parties will have copies of the agreement, in which everything will be spelled out.

Based on the agreement, an order is issued, the date and number of which is indicated in the work book and an entry is made: Dismissed by agreement of the parties, paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation."

The employer is obliged to dismiss the employee on the agreed date, issue a work book and make a full payment.

Employer mistakes when dismissing by agreement of the parties.

Sometimes employers require a statement from the employee, which is not legal. As mentioned above, the employer himself can take the initiative to terminate the contract. You just need to get the employee's consent.

The second mistake is that the employer forgot about the termination date or changed his mind about parting with the employee, or requires the delivery of material assets, reports, etc. and only in this case will he terminate the contract.

Dear employers! You signed an agreement that specifies the date of dismissal, so you do not have the right to change or skip it. For this, you will be required to pay the employee the average salary for each day of deprivation of the opportunity to work, because, pay interest for the delay in payment, and compensation for moral damages for violation of labor rights may also be recovered. And if an employee contacts the labor inspectorate, then you risk running into a fine. After all, the violation is obvious.

The third mistake is the employee after the date specified in the agreement. Yes, there are such cases! The employer decided to annoy the employee for not submitting the project before dismissal. The employee did not return to work after the date specified in the agreement. He is right: the employment contract should already be terminated. The employer stated that no one fired him, he changed his mind, so the employee skipped work. The result is a trial. Who do you think won the trial? That's right - an employee. All he had to do was present the court with an agreement to terminate the employment contract.

What should an employee pay attention to?

When dismissing by agreement of the parties, the dismissal date can be any that you agree on with the employer. A 2-week notice is also not required.

You should have in your hands a copy of the termination agreement (original), or the employer’s proposal with your consent, a certified copy.

If the employer has not indicated the date of dismissal anywhere, then do not sign such a document and demand that the desired date be indicated.

If you do not agree to dismissal at all, then you do not need to express your consent, just as you do not need to sign a termination agreement. This is not a statement, and you cannot withdraw it later.

Typically, employers offer to resign by agreement of the parties when they do not want to reduce your position or simply want to part with you. Demand to pay you compensation.

The amount is not limited by any law, so negotiate with your employer. After all, it is he who is interested in your dismissal, not you, so feel free to say that you are ready to sign, but subject to payment of compensation in such and such an amount, or such and such average earnings.

It happens that an employer asks you to write a letter of resignation of your own free will, but promises to pay a bonus or a menial salary only in words. This is where dismissal by agreement of the parties can come in handy: invite the employer to terminate the employment contract by agreement, where he will specify the amount of compensation. In this case, he will have to fulfill his promises: not voluntarily, but in court.

How is dismissal by agreement of the parties useful for an employer?

Firstly, the employee will not be able to change his decision to dismiss if such agreement is reached and recorded in writing. After all, he can withdraw the application at his own request, but he cannot change the agreement.

Secondly, this is how you resolve the issue of dismissal peacefully with the employee. If you start persecuting an employee in various ways, you may run into prosecutorial checks, GIT checks, fines, court proceedings and legal expenses. And by signing an agreement to terminate the contract, you can protect yourself from employee dissatisfaction in the form of complaints to the inspection authorities.

Thirdly, if you do not want to, but want to part with a specific employee, then the option of an agreement with payment of compensation will suit you. The amount of compensation is specified in the agreement, so the employee has guarantees that he will receive it, and you, in turn, can save money.

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Legal assistance and representation in court.

The Labor Code of the Russian Federation provides for several ways to terminate a contract between an employee and an employer. The most frequently used ones are at one’s own request or by agreement of the parties. Each method has both its advantages and disadvantages.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Legal basis

Before an officially employed employee chooses exactly how he will terminate an employment contract, he must necessarily study the legal basis of this process.

The most important are the following articles of the Russian Federation:

Each section covers the process of terminating an employment relationship in as much detail as possible. Having carefully read them, the employee will be able to choose the most suitable method of terminating the employment relationship without any difficulty.

In this case, it is necessary to focus on the Labor Code of the Russian Federation of December 30, 2001, as amended by Law No. 197-FZ of July 13, 2015.

Article No. 80 of the Labor Code of the Russian Federation examines in as much detail as possible all the features of the process of terminating an employment contract at the initiative of the employee - according to this article, the employee himself can terminate the agreement at any time, at his own discretion.

Moreover, in the following cases, the operation in question must be carried out on the date specified by the employee:

• continuation of work is impossible for reasonable reasons;
• violation by the employer:
  • labor legislation;
  • terms of the contract;
  • local regulations.

This point is covered in as much detail as possible in the following federal laws:

• from 06/30/06;
• from 07/02/13

Article No. 78 of the Labor Code of the Russian Federation indicates the possibility of terminating an employment contract at any time - if the employee and his employer were able to find a compromise or agree.

This method of terminating an employment contract has a large number of advantages over all others. Also, both designated methods of dismissal are considered in Article No. 77 of the Labor Code of the Russian Federation.

At the same time, the text of the article itself contains references to various legislative acts regulating this issue.

If possible, you should study the above legislative norms in as much detail as possible. Often, an employer takes advantage of the fact that its employees simply do not know their rights and do not complain to the relevant authorities if they are violated.

Pros and cons of voluntary dismissal

Dismissal at will has one important feature, which is both a plus and a minus - in order to terminate the contract in this way, it is necessary to notify the employer about this in advance. This period of time is as much as 2 weeks.

The disadvantages include the need to work during this entire time and fulfill one’s immediate responsibilities – stipulated by the employment contract.

This is very often the main problem. Often, an employee quits because he has found a new job, which must be started immediately.

But this situation can be resolved quite simply if the employer is loyal to his employee who has decided to quit. The dismissal itself can be accomplished before the expiration of the two-week period - with the consent of the employer.

The so-called working off has one important feature - it continues even if the employee for some reason is absent from his workplace for a valid reason (sick leave, vacation or other).

This way, you can avoid having to work for your previous employer for 14 days before leaving.

The advantages of this method of terminating an employment contract include the opportunity to withdraw a resignation letter at any convenient time, until the two-week period has expired.

At the same time, the employer does not have the right to refuse his employee this action. Thus, if something doesn’t work out with your new job, you can always change your mind and stay at your current job.

Taking into account all the factors indicated above (both positive and negative), voluntary dismissal is the most profitable way to terminate an employment contract for an employee.

Pros and cons of dismissal by agreement of the parties

Dismissal by agreement of the parties is one of the ways to terminate an employment contract, in which the employee and employer draw up a special document.

It specifies the conditions under which the employment contract is terminated. However, this method of terminating an employment relationship has both its pros and cons.

The disadvantages of dismissal by agreement of the parties, first of all, include the following main points:

• the employee will not be able to appeal the agreement he himself signed (except in exceptional cases);
• unilateral termination of an agreement concluded between the two parties is not permitted;
• the dismissal of this type in itself does not provide for any compensation payments to the employee;
• the agreement being formed is not regulated by law and does not have an established format.

If an employee has signed a dismissal agreement, then this document implies termination of the employment relationship in any case.

Even if the employee has lost his ability to work, is on sick leave, or other difficult circumstances have arisen.

At the same time, it is impossible to unilaterally change the terms of the agreement or completely abandon it. This is precisely the most important disadvantage of this method of terminating an employment contract.

The very fact of concluding this agreement does not imply any compensation paid to the employee. There will be no “automatic” payments.

All transfers from the employer to the employee must be indicated in the text of the agreement. In the event of a reduction or dismissal at the initiative of management, an employee can always count on cash payments.

By agreeing to dismissal in this way, the employee in some cases risks quite a lot. Since not all employers are decent and many form agreements to the detriment of their employees.

That is why it is necessary to familiarize yourself with all available points in as much detail as possible before signing. The best solution would be to first show the agreement to a qualified lawyer.

At the same time, terminating an employment contract by agreement has some important advantages. These include the following:

• the employee can independently choose the date of dismissal - in a week, month or even a year;
• When dismissed in this way, the employment center pays much more compensation.

In fact, the only advantage of dismissal by agreement of the parties is the opportunity to terminate the employment contract at the most convenient time for oneself. Of course, the employer himself must agree with the date proposed by the employee.

If the employee quit by agreement of the parties, then when registering with the employment center, he is paid a large amount - but such a bonus can only be beneficial if the employer himself proposed to terminate the employment relationship.

What is better to choose

Each method of terminating an employment relationship has both its advantages and disadvantages. It’s worth choosing a specific one based on your existing relationship with the employer.

But there are cases when neither one nor the other method is beneficial for the employee. For example, when a company is liquidated or agreements are carried out.

In such a situation, the employer offers the employee to resign of his own free will or by agreement. At the same time, the employee must remember that when the employment relationship is terminated in this way, monetary compensation is not provided.

If the dismissal is carried out by agreement, then the employer is obliged to provide guarantees and compensation in accordance with the Labor Code of the Russian Federation.

It is best to resign by agreement in the following cases:

• if there is a vacant position in another organization;
• if the employer offers sufficiently significant payments.

It is worth terminating an employment contract by agreement of the parties only if a new place of work has already been found. Since the agreement cannot be canceled unilaterally. In this case, first of all, the employee must be guided by his personal benefit.

These days, many workers are still afraid of writing “dismissal by agreement of the parties” in their work books. They prefer the term “dismissed at his own request.” Employees, not without reason, believe that their new employer will consider such an employee conflicting or unprofessional. When applying for a new position, you must explain the reasons for your departure. Therefore, a more familiar dismissal formulation is chosen.

Such doubts are explained by the fact that in labor legislation this article is practically not described or deciphered in any way. It says that the employment contract can be terminated at any time by mutual consent. This, as you can understand, is not enough. This article was introduced in 2002, that is, over more than ten years, the practice of its application has already developed.

The initiators of such dismissal can be both the employee and the employer.

Reasons for dismissal at the initiative of an employee can be any circumstances, but the most basic ones will be described in the list below:

• the employee does not want to be fired on “aggressive” grounds, for example, for violation of discipline;
• too much pressure from the employer;
• uncomfortable working conditions;
• more promising work was offered;
• moving;
• the employee wants to receive severance payments that are in his contract;
• he definitely needs to choose the moment of dismissal (for example, now, or in three months);
• the employee wants to receive more benefits for a longer period of time than if he quit of his own free will without a good reason;
• he does not have to motivate his departure from work;
• no need to warn the employer;
• The employee's reputation is not affected in any way by such grounds.

The most common reasons from the employer are the following:

• staff reduction is necessary;
• You can use this basis if the employee is guilty of something;
• the employee is disloyal and does not comply with discipline;
• it is necessary to dismiss personnel, but this cannot be done for other reasons; for example, the worker is on vacation or sick leave;
• The employee does not have the same personality as his colleagues.

The peculiarity of this formulation is that both parties are interested in dismissal. Let’s say an employer doesn’t like the quality of a person’s work and asks him to resign, and the employee needs to move to another city.

Often it is management that takes the initiative, because it is easier for an employee to resign of his own free will.

If an employer puts pressure on a worker when concluding an agreement, the latter has the right to defend his interests in court. An employee can directly inform his supervisor of his desire to go to court.

Such behavior will not worsen the situation, but will only strengthen the employee’s position. Management is afraid to contact legally savvy employees and often makes concessions to them.

However, this basis also has its drawbacks:

1. Article 78 of the Labor Code of the Russian Federation states that an employee can be fired even when he is on sick leave or on vacation. But the employer will not be able to do this if he is the initiator of such dismissal. The employee has the right not to agree to such an offer, because on this basis everything should be on a voluntary basis. True, sometimes management can offer good severance compensation.
2. Unions have no control over termination by agreement of the parties. The employer is not obliged to consult with anyone and coordinate its decisions. Therefore, the employee must think carefully before making any decision.
3. After signing the agreement, the employee will not be able to cancel his dismissal unilaterally, since both parties must participate in making such a decision.

Even through the court, he will not be able to withdraw his application with rare exceptions (for example, if management forced the employee to sign against his will).

Dismissal by agreement of the parties with payment of compensation occurs depending on the agreements and conditions in the document. “By default” no one will pay the employee.

First you need to write the name of the document. A little lower - indicate the details: the date of entry into force of the contract and its number. Next, the locality in which the company is registered and the date of conclusion of the agreement are indicated.

The body of the document indicates the name of the enterprise, then the position, the initials of the manager (usually the director) and the employee’s information in the same form.

This is followed by provisions agreed upon by the employer and employee. The first line is a line that records the fact of termination of the contract with an indication of the article. The employee's end date is indicated. After this, the terms of the agreement and their special clauses are set out - whether the employee wishes to go on vacation before dismissal when he receives severance pay. It is also necessary to establish the obligations of the person being dismissed. For example, transferring tasks to your colleague.

These points are followed by two standard ones:

1. The parties have no claims against each other.
2. Each party has one copy of the agreement, and they are legally equal.

Below is an example of such an agreement.

Compensation after dismissal

When an organization encounters a problem employee who is disloyal or performs poorly, it needs to fire him. It will be very difficult for management to terminate a contract on grounds that damage the reputation. Additionally, this process can be time-consuming and inconsistent with company policy.

In this case, it will be more profitable to persuade the employee (namely, to persuade, not to force) to sign an agreement with payment of compensation to him. This will save management time and money and make the worker’s wallet fatter.

The document must contain the amount and the date of its issuance. Then the dismissed person will receive money for the period specified in the document. If he did not receive the entire payment, the company will have to pay it back with interest.

Let's consider this important issue in detail:

1. First, it is determined whether it is necessary to pay the employee benefits at all. This provision is fixed in the contract.
2. Next, you need to decide on the amount of money. It is not shaped or limited by law in any way. It is usually set in accordance with the worker's average earnings or salary, or simply a precise amount. Although it is not controlled by the state, its volume is still important for both parties, because they will have to transfer contributions to social funds and pay personal income tax if certain limits are exceeded. This will hit the budget of both the enterprise and the worker. To calculate the limits, a methodology is used, which must be enshrined in the agreement. Following it, the employer finds three times the average income of the worker.
3. The next step is to determine the period of dismissal. This is also an important point. On this day, you will need to make all the necessary payments and hand over the documents to the dismissed person. Sometimes you need to take an inventory. It is also worth saying that the day of dismissal can be absolutely any and it is not necessary to work for fourteen days.

When the previous points are completed, an agreement is drawn up. Although there is no clear procedure for such an agreement, it must be enshrined in writing. There should be a work completion date, amount of benefits and other important points, depending on the agreements.

After drawing up the document, the employer transfers the agreed compensation:

• salary for the last working period;
• severance pay;
• compensation for all vacations that the employee did not use.

Although the benefit is issued on a voluntary basis, for each day it is overdue, the same interest applies as on wages. For each day of delay, one hundred and fiftieth (1/150) of the amount of underpaid compensation is added to the amount. However, if local regulations establish a different calculation method, then it must be used.

And the question could also arise: will this payment be taxed? As mentioned earlier, the benefit is subject to personal income tax when it exceeds the limits, that is, three times the average salary of the employee if he works in normal climatic conditions, otherwise six times. In all other cases, the benefit is exempt from taxes.

The legislation provides for making an entry in the work book indicating the grounds for dismissal of the employee in strict accordance with the rules of law. Therefore, writing “dismissed by agreement of the parties” is incorrect. It is necessary to write as expressly stated in the article of the law.

As an example, the following formulation can be given:

1. "The employment contract has been terminated."
2. "The employment contract has been terminated."
3. “Dismissed by agreement of the parties, paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation.”

All three phrases are legally equal and any of them can be used. For a complete record, first indicate its serial number and date in columns “1” and “2”, respectively. The law provides for in all cases of dismissal the signature of the employer, the seal and signature of the employee.

Dismissal based on an agreement between the two parties allows a citizen to register with the Labor Exchange immediately after the termination of the employment contract and receive a certain amount as material support from the state. There are some features and nuances in the process of receiving this benefit.

As many people know, unemployment benefits are paid to citizens on whose salaries taxes were paid to the state budget every month. Payments occur within one year after termination of the employment contract. The amount itself will depend on the average salary at your last job.

There is no provision for processing payments to citizens who do not have any official sources of income, have not retired, or can acquire a new profession by taking courses at the Employment Center (EC).

• students;
• persons under sixteen years of age;
• persons serving in military service under a contract;
• pensioners.

If you want to receive, in addition to unemployment benefits, also payments from your previous employer, then you should send documents for registration within two weeks after the termination of the employment contract.

Documents you must provide:

• document confirming the receipt of qualification;
• work book with a record of dismissal by agreement of the parties;
• certificate 2-NDFL indicating the average salary at the last job;
• identification document;
• SNILS.

What is the procedure and procedure for calculating benefits? First, from your 2-NDFL certificate they take data on the average salary for the last three months of work at your last place of work. Next, your three salaries are added up and divided by three. This gives you your average salary. Now you need to find the percentage of your average monthly income and get the amount of compensation that you will be paid.

The payment amount is different for each month. Within three months after registration, you can receive 75 percent of the average salary, then 60%, then 45.

So, if you received forty thousand rubles at your last job and are now in the fourth month of your unemployment, then the calculation formula will look like this: 40,000 x 0.6 = 24,000 rubles.

At first glance, the amount is quite good for doing nothing. However, they will not pay you that kind of money. If the result of the work exceeds the limits established by the state, then you will be paid an amount corresponding to the ceiling of these limits. The smallest benefit is 850 rubles, the largest is 4900.

If you were fired from your previous job for an unjustifiable reason, for example, for violation of discipline, then you will be paid the minimum benefit.

Brief description of the entire dismissal process

This list outlines the basic dismissal procedures. If the state somewhere has not established a clear procedure for action, then established practice has helped.

If you want to terminate your employment contract, you need to decide with your management so that all agreements are recorded on paper:

1. The parties agree on the terms.
2. An agreement is drawn up.
3. The management, represented by the employer, issues the order.
4. The employee carries out his last duties, completing all projects and handing over cases to colleagues.
5. The employer makes an entry in the citizen’s work book upon termination of the contract.

The entire procedure ends with the payment to the dismissed person of the amounts agreed upon with him.

Sometimes a manager needs to make cuts.

Then he faces many problems:

• the worker must be notified of the termination of the contract 2 months in advance;
• review the data of all employees;
• to find those who are impossible to dismiss on this basis at the moment;
• highlight those who will have advantages during layoffs.

Further, after the date of termination, it is necessary to pay wages for the time worked, severance pay, and if the citizen was registered with the Labor Exchange and did not find a job within three months, additional funds should be credited to him. And also the manager will be responsible for the procedure, that is, the worker can challenge the actions of the employer.

Obviously this is a very complex process. Therefore, management has the opportunity to offer the employee to resign by agreement of the parties.

In this case, there will be only three steps:

• discussion of conditions;
• signing;
• performing final duties.

The employee, in turn, has the right not to agree to such an offer if it does not give him any benefits. Then the employer usually offers severance pay of one and a half times the amount provided by law and other benefits.

The worker, for his part, should not make rash decisions. It is possible to agree to such a proposal from management only when dismissal due to reduction will bring him less benefits than by agreement of the parties. Everything needs to be carefully thought out and weighed. Even if the director asks to step into the situation, most often he just wants not only to make his work easier, but also to shift it to the employee.

You cannot rely solely on verbal promises when signing an agreement. As already mentioned, there is no clear structure of the document established by law, therefore all agreements and conditions should be written down so as not to have problems later, because it is impossible to revoke such an agreement at the initiative of one party.

What to choose: dismissal of your own free will or by agreement of both parties

Some positive aspects of mutual consent to dismissal were discussed earlier. However, there are others.

If the contract is canceled at the employee's own request, the employer may require work to be completed within two weeks. If, for example, another company offered you a more favorable salary, but on the condition that you must start work immediately, you can try to persuade the previous employer to resign by agreement of the parties. In this case, you may not work out anything.

An example can also be given for the opposite situation. You decide to quit and warn the employer about this so that you have the opportunity to interview for a new job. In this case, dismissal by agreement of the parties helps him. Until the dismissal date arrives, both parties know about the planned termination of the employment contract. The employee is calmly looking for a new job if he is confident that he will find one during this period, and the employer is looking for a new qualified subordinate.

After submitting an application, the specialist has the right to change his mind and cancel his decision during the work period. At the legal level, his work will remain his, as before he initiated such a procedure.

Finally, here are some basic tips:

1. The agreement is drawn up by mutual consent in writing.
2. Once signed, neither party can revoke it at will.
3. Upon dismissal, all duties and conditions must be fulfilled.
4. The clauses of the agreement must not contradict the law.
5. An employee may be fired for another reason before the date of dismissal by agreement of the parties.

When hiring an employee, the employer may refuse for a certain reason. In order to understand whether the reason is justified, you should read the labor legislation. Nowadays, many employers may not give you a job because you have a non-Slavic appearance, are too old or too young, are of the wrong gender (even if it does not play any role in this profession), and so on.

This is a violation of the law and must be punished. And in many very different cases, employers often commit wrongdoing in one way or another. Some don't even know that they are violating someone's rights. Employees, in turn, must independently take care of their interests, not make hasty important decisions about choosing the basis for dismissal, and always leave a plan “B” for themselves.

An agreement upon termination of an employment relationship is a way of compromise and consideration of each other’s interests, both on the part of the employer and on the part of the employee. Despite the fact that this method of dismissal is the simplest, it has some peculiarities.

From a legal point of view

The legislation of the Russian Federation is laconic in this case. It only states that the employment contract can be terminated by mutual agreement at any time. This means that such dismissal is possible both in case of part-time work, etc., i.e. even in cases where the dismissal of an employee by the employer is prohibited in the usual manner.

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Stages of the procedure

The process of dismissal by agreement can be started by both the employee and his employer. The first thing to do is to send the other party a written proposal to terminate the employment relationship. This can also be done orally, but in this case there will be no evidence on hand that such a proposal took place. If everything goes well and the employer or employee agrees with the initiative expressed by the opponent, it is time to proceed directly to the agreement, which must be formalized in writing.

Who should draw up the agreement?

As a rule, the document is drawn up by a representative of the employer - the organization’s lawyer, or a HR specialist, or, in extreme cases, the manager’s secretary. In any case, this must be an employee with at least minimal knowledge of the Labor Code of the Russian Federation, since the document is legally significant and, if necessary, can be used as evidence in legal disputes. Moreover, regardless of who exactly drew up the text of the agreement, after execution it must be handed over to the manager for signature.

Who benefits from the agreement: the employer or his subordinate

A severance agreement is called an agreement because it is usually of interest to both parties. For example, an employee can bargain for good “compensation” - their amount is not limited by law (it is worth noting that if they are not specifically specified in the document, settlement funds will be paid in the amount provided for by the legislation of the Russian Federation). Through this document, the employer gets the opportunity to get rid of an “unnecessary” employee, and (which is especially important!) after signing the agreement, the employee will no longer be able to unilaterally refuse dismissal or change its terms.

And the most important advantage of the agreement is that the date of dismissal is set based on the interests of both parties: for example, two days, or maybe two months, may pass from the moment the agreement is drawn up to the immediate termination of the employment contract.

Rules for drawing up an agreement

Legislators have not developed a standard, generally applicable sample agreement, so enterprises and organizations can create a document form at their own discretion and based on their own needs. True, at the same time, some rules must still be observed, in particular, the document must indicate the full name of the employer, position, surname, first name, patronymic of the employee, record the fact of the agreement reached and specify its terms in detail. The latter must fit within the framework of the Labor Code of the Russian Federation.

Usually the agreement is drawn up at least a few days before the dismissal, but some companies act differently. The employer does not draw up the document, but instead writes a corresponding resolution with a future date of termination of the employment contract on.

The agreement has two equal copies, one of which remains with the employer, and the second is given to the dismissed employee. Each copy must be signed by both parties.

Document header

At the beginning of the document its name and number are written (according to the internal document flow of the enterprise), information about the employment contract under which the employee works (date of conclusion and number) is indicated just below. The next line includes the locality in which the enterprise is registered, as well as the date the agreement was drawn up.

Main part

First of all, the full name of the enterprise (in accordance with the constituent documents), position, surname, name, patronymic of the employer’s representative is entered into it (usually here we are talking on behalf of the director or general director), and all information about the employee is also indicated in the same way.

What did you agree on?

Here the provisions of the agreement reached are written down in separate paragraphs. In particular, they need to record the fact of termination of the employment contract (with reference to the letter of the law) and indicate the date of the last working day of the dismissed person. After this, you need to move on to the terms of the agreement: if an employee goes on vacation before dismissal, this needs to be spelled out, as well as in what amount and within what time frame the severance pay will be paid to him. The conditions that the employee must fulfill during the dismissal process should also be included in the agreement (for example, on the transfer of affairs to another employee).

Then the agreement must indicate standard clauses stating that the parties have no claims against each other and both copies of the document have equal legal force.

At the end, the document is first signed by the employee, then by the head of the company.

After drawing up the severance agreement

After the document is drawn up and signed properly, the head of the enterprise issues an order to terminate the employment contract by agreement of the parties, familiarity with which the employee must also certify with his signature. The rest of the procedure follows the usual scenario: when the date of termination of the contract arrives, first an entry is made in the employee’s work book and his personal card, then settlement funds are issued, etc.