The reached consent or agreement between the employer and the employee is one of the grounds for termination labor relations. But in order to figure out what a dismissal is by agreement of the parties, one should analyze the norms of the current labor law, and the general legal nature of the concept of "agreement", to understand the essence of contractual legal relations.

The very procedure for dismissal according to this wording is not spelled out either in the Labor Code of the Russian Federation or in any clarifying regulatory legal act. What happens, it is necessary to take into account not only labor, but also civil legislation when dismissing, because it is it that determines the concept and procedure for concluding agreements. At the same time, it is important to take into account the established procedural acts of judicial practice.

When and how to dismiss an employee by agreement of the parties

The Labor Code indicates to us that the employer and employee have the right to terminate labor contract by mutual agreement. Only one single article 78 of the Code regulates such a right. As for the categories of employees, or other requirements, normative act does not install. Based on this, we can conclude that any dismissal due to the agreement reached will be considered a priori correct.

But the existence of this consent must have an evidence base - documentation, correspondence, which indicates that, nevertheless, this agreement took place. And for this, it will not be superfluous to request from the employee himself a letter of resignation by agreement of the parties. Since there is no unified approved form, it is compiled arbitrarily. An essential feature is that the employee can submit such an application not only while at the workplace, but also during the vacation period, and during the period of sick leave.

Termination of the employment contract may also occur during the absence of the employee at the place of work for a number of reasons. good reasons. Therefore, dismissal occurs at any time, indicated by the parties in the agreement and in the application. The above statement must contain information on reaching the consent of the employee and the enterprise regarding the dismissal, as well as an indication of the norm of the article. It should also reflect in the application the date from which the employment contract is terminated.

Benefits of leaving by agreement

When terminating an employment contract by mutual agreement, there are advantages to the benefit of both the employer and the employee. Dismissal by agreement of both parties takes place according to a more simplified procedure than, say, dismissal at the initiative of the enterprise, or for reasons beyond the control of the parties.

The employee does not need to work out the two weeks required by law. Therefore, by writing a notice of termination labor relations it is for this reason that he saves his time. The employer, on the other hand, is relieved of the obligation to coordinate the dismissal of the employee with trade union body as if he was conducting the procedure under Article 81 of the Labor Code.

Also, for the enterprise, a clear plus is the termination of the employment contract by mutual will due to the fact that it is possible to dismiss both employees on maternity leave and during pregnancy, which is absolutely impossible in other cases when the enterprise needs to terminate labor relations with such categories of employees. For example, with the upcoming reduction, workers on maternity leave cannot be fired, but by agreement of the parties, there is no ban.

How to properly terminate an employment contract

Since it regulates dismissal by agreement of the parties, Art. 78 of the Labor Code, but the general grounds for termination of employment relations include Article 77, which must be referred to in work book and in the order, defining paragraph 1 of this article in the documents.

But, as mentioned above, a simple reference to the norm of the article is not enough. A supporting document of such a motive for terminating the employment contract must be available. That is, in order for an agreement to be reached between the parties to the legal relationship, it is necessary that one party receives an initiating document from the other party. An enterprise can send a letter to an employee about the need for negotiations, as a result of which such a decision will be made.

The employer may also send a letter to the employee with a proposal to consider the issue of early termination of the employment contract by agreement of the parties, in accordance with paragraph 1 of Art. 77 of the Code. But the employee also has every right to ask him to be dismissed by agreement of the parties, referring in his application to the same Noma of the Code.

As already mentioned, labor legislation does not provide clear instructions and additional articles regulating the dismissal of an employee by agreement of the parties. Therefore, when terminating an employment agreement, you should follow the general recommendations for registration.

An important role in the very concept of an agreement is played by the voluntariness of indicating all the points that are not standardized in the Code. Here, at least take severance pay. Its legislator does not oblige to pay the dismissed person according to such a wording. And yet, the company has the right to pay, by agreement, severance pay, which must be indicated in the agreement. The amount of such benefits should also be spelled out in the decree and in the agreement. Do not forget to calculate personal income tax from it, since this is an additional benefit that is taxed, in contrast to the cases and amounts that are directly prescribed in the Labor Code.

Dismissal by agreement - step by step instructions

There is a certain general procedure for terminating an employment contract, taking into account the specifics that the procedure for reaching agreement by both parties to the legal relationship implies.

p> As you can see, such a procedure differs from the general procedure in that the parties agree on the possibility of terminating the employment contract, as well as the need to consolidate the agreement reached in writing in the form of a separate document. The specified additional agreement is attached to the order on dismissal by agreement of the parties. There are no special requirements for the preparation of this additional agreement, but when drawing up it, one should take into account General requirements Civil Code Russian Federation on the rules for concluding contracts and additions to them.

Many employers are thinking about whether it is necessary to draw up such an agreement at all, because Article 78 of the Labor Code does not establish it, and in general, all labor legislation does not oblige to reach agreement in writing. And, often, this stage of the procedure is ignored by the company with which the employee terminates the employment relationship. This situation can lead to unpleasant “surprises” in the future, since it will be extremely problematic to prove the fact of consent, as well as the fact that the employee received the amount of severance pay if he does not put his signature on the statement of receipt of funds.

Agreement on termination of the employment contract - important nuances

What should the employer and employee pay attention to when choosing this method of terminating cooperation:

• The employee has continuous work experience for another month after leaving the position at this enterprise;
• The worker receives more unemployment benefits than what he would receive if he quit own will;
• Employer dismissal by agreement of the parties, in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation, gives the right not to ask permission for dismissal from the trade union body;
• For an enterprise, this is perhaps the most legitimate and painless article in order to say goodbye to an objectionable specialist with whom an employment contract has been concluded indefinitely;
• According to this wording, you can fire a woman, even during the period of the decree, or pregnancy.
• An employee cannot “change his mind” about quitting, as he could do it, quitting on his own initiative.

The agreement reached by the parties can be terminated only by mutual agreement of both the employee and the enterprise. Even if the circumstances of each party have changed, unilaterally, the agreement cannot be canceled. Unless, of course, in court, the employee proves that the contract was drawn up due to difficult circumstances for him or under duress, with pressure, by the employer.

Dispute Resolution

Often, in order not to fire their specialists due to layoffs, employers resort to tricks and ask employees to write a statement on their own, or by agreement of the parties. And it saves a lot of time, and nerves to the enterprise itself. After all, you don’t need to warn two months in advance, but you can dismiss on any day specified in the agreement.

If the employee refused to be fired by agreement of the parties, the company can carry out a reduction after the proposal of the agreement of the parties. And, in this case, there will be no significant violation of the law if the employer complies with the deadlines established by law. Knowing that he is facing redundancy, there is a chance that the employee will choose the agreement. After signing the agreement, it is no longer possible to dismiss under another article, including due to a reduction in the number of staff.

Another common problem and contentious situation is setting deadlines in the agreement. Sometimes, one of the parties wants to change them. This will not be a problem if the parties again sign an addendum to the agreement, in which they indicate the need to clarify the terms, and put their personal signatures.

Not many employees, and even employers, know that a legal document concluded by the parties will not be valid if an unauthorized representative signed the contract on behalf of the employer. In order for the powers to be valid, the functional official duties representative of the employer or the statutory documents of the enterprise must contain a clause stating that such a representative has the right to dismiss personnel, conclude contracts and agreements with an employment contract with them.

• HR records management

Keywords:

1 -1

By agreement of both parties (so-called dismissal by agreement of the parties), there is no need to explain on what basis such an agreement was canceled.

In particular, with this turn of events, mutual concessions suit either side. If an employer terminates an employment contract with an employee who does not suit him, then this employee may stop working and leave his job. workplace. The employer in this case is not obliged to listen to the opinion of the trade union.
can be terminated at any convenient time, even before the expiration date probation or end urgent employee. A significant size for an employee guarantees that the record in the labor will be “neutral”. Upon cancellation and invalidation labor contract special concessions and agreements between the parties are possible, they can be expressed in the amount of material compensation, procedure, deadlines, etc.

Such a dismissal - by mutual agreement of the parties - is called the "golden parachute" in everyday life.

How is dismissal by agreement of the parties? What are its features? What is the agreement of the parties? In accordance with Russian law, an agreement (or contract) may be canceled at any time. The Labor Code of the Russian Federation contains Article 77, which gives each employer the right to terminate the contract with an employee both at the time of vacation and in the event of temporary disability of this employee.

If the initiative comes from the employee, the employer does not have such privileges. The exceptions are such circumstances as the transformation of the organization, its abolition, as well as the termination of the employer's activities. In these situations, the union does not monitor the organization. On the same conditions, you can also terminate the student agreement (contract) - this procedure is the same as the cancellation process

The procedure for dismissal by agreement of the parties

Cancellation and termination of employment by agreement of the parties is also regulated

However, guided by the instructions for filling out a work book, special attention should be paid to the first paragraph of Article 77 of the Labor Code. The order must contain a reference to this item.

Let us examine in more detail the procedure for canceling an employment contract by mutual agreement.

The first stage occurs when one of the parties acts as the initiator of the termination of the contract, that is, the initiating document is drawn up.
Let us analyze the situation when the employee initiates the termination of the employment contract. First of all, the employee needs to send an offer to the employer - a proposal that must either be approved by the manager or not. The offer itself must be in the form of an application. When writing such a document, problems usually arise with the wording of sentences in the text. The most common mistake (one of the erroneously prepared statements): “I ask you to release me on 12.08.2009. from his position by agreement of the parties.

The question arises: if the dismissal is by agreement of the parties, then which ones? The text itself in the application implies that there is another side, but the employer only found out that the employee wants to leave the organization of his own free will, and has not yet given consent to this.

It is more correct to apply the following wording in the application: “I ask you to terminate the employment contract with me from 12.08.2009. on the basis of the 1st part of article 77 of the Labor Code. Here is another version of such a statement: “I ask you to sign an agreement to terminate the employment agreement with me from 08/12/2009, based on the 1st paragraph of Article 77 of the Labor Code.” In this case, some nuances should be taken into account.

In order to terminate the contract by agreement of the parties, the text in the application must correspond to the examples given above. . If the employee does not want to carry out the dismissal by agreement of the parties, but, on the contrary, wants to terminate it unilaterally, then the agreement cannot be terminated in the form of cancellation of the employment agreement by mutual agreement of the parties.
In the case when the employer is the initiator, he must also send an offer to the employee, and motivation for such a decision is not required.

Labor Code Russian Federation offers enough a large number of various ways termination of labor relations.

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One of the most popular is drafting a special agreement. Thus, you can choose the optimal conditions for dismissal - both for the employee and for his employer.

rules

The procedure for dismissal by agreement of the parties is very similar to a similar procedure - at will. But it has several important features-differences.

These include the following:

• in the application for dismissal, the reason for the termination of the employment relationship must be indicated - by agreement of the parties;
• the employee must be notified in writing about the drawing up of the agreement itself;
• on the generated document containing all the conditions of dismissal, the signatures of both parties must be present.

At the same time, in the text of the agreement, it is imperative that all points be sufficiently fully disclosed. This is especially true for the date of dismissal, as well as the amount of compensation.

It should be remembered that its value cannot be less than indicated in. It includes the payment of compensation for unused vacation, as well as wages for the time already worked.

At the discretion of the employer, as well as at the request of the employee, compensation may be increased.

Most often this is practiced in cases where it is the employer who initiates the termination of the employment agreement.

Payment terms monetary compensation upon dismissal in the considered way, they remain the same - wages and vacation pay must be transferred on the day the employment contract is terminated or the next.

Otherwise, the employer may be fined. Its value is 1/300 of the refinancing rate of the Central Bank of the Russian Federation per day.

The situation is somewhat different regarding the compensation paid in excess of the mandatory one under the Labor Code of the Russian Federation. The employer may, at its discretion, designate the date of transfer of this payment.

This issue should be considered especially carefully, since the employer often uses the legal illiteracy of his employees.

Before signing an agreement, it is best for an employee to first consult with an experienced lawyer in this kind of cases.

The procedure for dismissal by agreement of the parties

When dismissing by agreement of the parties, the following procedure must be observed:

• the employee must be familiarized with the intentions of the employer under the signature - or independently write an application for dismissal by agreement of the parties;
• the text of the agreement of the type in question is formed;
• the employee must familiarize himself with it, and then sign at the bottom of the document (mandatory);
• an order for dismissal is drawn up;
• an appropriate entry is made in the work book, it is handed over to the dismissed employee;
• on the day of termination of the employment contract, the wage arrears are transferred (or the next day).

It is very important to remember that when writing a letter of resignation by an employee in without fail the reason must be indicated in the text - by agreement of the parties.

This is the main difference between a statement of this type and a similar document, but written upon dismissal of one's own free will.

The wording sounds something like this: "I ask you to dismiss me by agreement of the parties." This moment is strictly required. Since, if it is necessary to conduct a trial, a letter of resignation is a serious documentary evidence.

The dismissal agreement must necessarily contain all the most important points of the procedure of the type in question.

Since it is this document that is the basis for terminating the employment contract. It outlines all the duties of the employee and the employer himself, as well as other important points regarding the dismissal.

When terminating an employment contract in this way, a standard order for dismissals is formed in the form of T-8.

In addition to the standard information that it should contain, it is imperative to indicate in it the reason for dismissal “by agreement of the parties”, as well as the details of the agreement itself, a link to it.

This moment is strictly mandatory, violation of this rule threatens to cause problems with the labor inspectorate.

The penultimate stage is the formation of the corresponding entry in the work book. When leaving, reference is made to Labor Code Russian Federation.

If for some reason the employee is not able to pick up the work book on his own, then anyone else can do it for him - but only with the appropriate power of attorney.

If this is also not possible, then the employer has the right to send a work book by mail ( by registered mail with a description of the attachment).

If, after reading the agreement, the employee refuses to sign it, this moment must be documented without fail.

To do this, a statement with a refusal is formed in an arbitrary form, where a link should be indicated to the details of the agreement, the terms of which seemed unacceptable to the dismissed employee.

If the employee refuses, termination of the employment contract in the manner in question becomes simply impossible.

How to make an entry in the labor

An entry in the work book must be made on the basis of a special Instruction for filling out these documents. It was approved by the Decree of the Ministry of Labor of the Russian Federation dated 10.10.03 No.

The following rules must be observed when making the corresponding entry:

• must be paid on the day of termination of the employment contract - not earlier and later than this date;
• the entry must necessarily correspond to the text of the dismissal order itself;
• all dates in the document must be indicated Arabic numerals, while two-digit - day / month, four-digit - year;
• no abbreviations are allowed - all words must be written in full;
• the entry must be made only in Russian;
• directly with the entry made, the employer is obliged to familiarize his employee with a signature - it must be made in a special personal card (compiles by).

It is very important for the employee to make sure that the wording of the corresponding entry is correct. Since the presence of errors can lead to serious problems during the subsequent employment. For example, if a dismissal for negative reasons is indicated in the work book.

If the employee found any errors when filling out the work book by the employer, then it is imperative to require the appropriate corrections to be made or the formation of a new document.

If you refuse to do this, you should apply to the court - at the place of registration of the employer enterprise itself.

How to make an order

It is very important to correctly draw up an order for dismissal by agreement of the parties.

This document must contain the following sections:

• the full name of the employer, as well as its detailed details;
• document number, exact date of its compilation;
• the name of the order "on termination of the labor agreement with the employee";
• the date of the actual dismissal is indicated;
• the details of the employee must be present:
  • surname;
  • patronymic;
  • position held;
  • Personnel Number;
• grounds for dismissal - the Labor Code of the Russian Federation;
• documentary basis - “agreement on termination of the employment contract dated xx.xx.xxxx”
• surname, name and patronymic of the head authorized to approve these documents;
• manager's signature;
• employee's signature.

It should be remembered that this order must be drawn up according to all the rules, according to the T-8 form. If there are any serious shortcomings, the document may simply be invalidated.

How to draw up an agreement sample

Today, in the current legislation, there is no sample agreement drawn up upon dismissal.

But at the same time, the following main sections and data must be present in it:

• grounds for termination of the employment contract - precise and brief wording with reference to the relevant article of the Labor Code;
• day of termination of the employment contract;
• conditions for terminating an employment relationship:
  • the amount of compensation;
  • other;
• duties and rights of the dismissed person, the employer;
• indicates the absence of claims of the parties to each other;
• details (full name) and signatures:
  • dismissed employee;
  • authorized manager.

This document is legally binding when properly drafted. It must be remembered that violation of its provisions by any of the parties is unacceptable and may serve as a reason for the annulment of the agreement, its recognition as null and void through the court.

The document must have an individual serial number, and also be drawn up in two copies. One remains with the employer himself, the second is transferred to the hands of the employee.

If the manager does not have experience in generating documents of this type, then you should definitely familiarize yourself with the sample first.

This will avoid the most common standard errors. Thus, you can save time, prevent labor disputes due to gross errors in the agreement.

With compensation

One of the most important points regarding dismissal by agreement of the parties - the impossibility of terminating an already signed contract.

For example, if an employee writes a letter of resignation of his own free will, then during the entire period of working out (2 weeks), he has the right to pick it up without any consequences.

The situation is different with an already concluded agreement. Since this agreement is bilateral, it is possible to change its terms only if there is the consent of the second party.

Thus, if an employee suddenly changes his mind about quitting, then he can cancel his decision only with the consent of the employer. In its absence, the employment contract will terminate on the day indicated in the agreement.

But at the same time, dismissal with payment of compensation by agreement of the parties should be carried out within the framework of the current legislation, as well as latest edition Labor Code.

If any provisions have been violated, then the agreement itself will simply be declared invalid through the court, and the employee will be reinstated in his previous position.

Arbitrage practice

Quite often, when terminating an employment agreement by the methods under consideration, various kinds of controversial issues arise.

In this case, the difficult situation must be resolved through the court. At the same time, the employee of this statement, almost always, when analyzing cases of this type, is guided by the existing practice.

In itself, a job change is a very positive thing, but it is always preceded by a delicate, controversial and sometimes unexpected moment of dismissal. The most peaceful legal instrument for breaking off labor relations is, perhaps, dismissal by agreement of the parties. However, each employee qualifies this ground for dismissal in their own way, often surrounding it with myths and conjectures. Nevertheless, despite the simplicity of regulatory regulation, the procedure for dismissal by agreement of the parties has a lot of pitfalls that the parties to the employment contract are not always aware of.

Employees are afraid of the presence of this article in their own work book - this, they say, indicates a forced departure from the employer. But is everything as the working people imagine it to be? What risks does dismissal by agreement of the parties actually carry, what threatens the employee, how does it go and how is it formalized? Careerist.ru tried to understand the intricacies of labor legislation, the peculiarities of the psychology of workers and employers.

What does the law say?

The law in this case is laconic: Art. 78 of the Labor Code allows the parties to an employment relationship to use this basis to terminate the relationship at any time. It turns out that this basis allows you to part both during vacation or sick leave, and during the employee's test. The initiative to terminate the employment contract on this basis can be expressed by both the boss and the employee, and the legislation does not regulate the form of such a proposal - it can be either a written or an oral statement. In practice, in order to fix mutual desire, the parties draw up a written agreement that regulates the conditions for the upcoming dismissal, the absence of mutual claims and other nuances. Based on this document, an internal dismissal order is issued, after which an entry is made in the work book.

What is the difference from dismissal "on one's own"? According to Art. 80 of the Labor Code, for dismissal at the initiative of the employee, he, if the employer wishes, will have to work 2 weeks. At the same time, the employee is given the right to withdraw the letter of resignation before the end of 2 weeks, while "by agreement" this will require the desire of both parties. In some cases, this is convenient for each of the parties, since the dismissal procedure can be carried out within one business day.

The absence of any normative regulation of the dismissal procedure “by agreement of the parties” makes such a basis neutral. It does not carry any positive or negative assessments of the employee's activities, does not indicate the presence of disciplinary sanctions or the low efficiency of his work. In fact, this procedure allows you to refuse to fix the reason for dismissal and the motives for terminating the employment contract.

At the same time, the range of these very reasons and motives can be very wide: a change of leadership, a conflict with superiors, a desire to informally reduce staff, a disciplinary offense, or an employee’s desire to quickly switch to another job. And this, of course, is a plus for those employees who would like to hide the reasons for dismissal. But only when there is something to hide from the future employer - in other cases, this entails certain risks and unnecessary questions from potential employers.

Hidden Risks

At first glance, an amicable dismissal may seem harmless to an employee, and in most cases it will. But not when the employer is trying to reduce their own costs in this way. For example, if an employee is fired due to redundancy or as a result of the liquidation of the company, by virtue of Art. 178 of the Labor Code, he can claim a severance pay in the amount of the average salary, kept for him for a 2-month period, but until official employment. If these reasons are hidden behind the wording “by agreement of the parties”, the employee can only count on compensation unused vacation and other standard payments.

There is an opinion that together with them, if the initiative to part “by agreement” came from the employer, the employee can claim some kind of compensation. In practice, such payments will take place if they are referred to in the notorious "agreement of the parties" - the law does not oblige the employer to pay compensation. In this regard, it is logical to raise the issue of compensation even when the authorities offered to leave.

But financial question- far from the only drawback that an employee may face. So, when registering a dismissal “by agreement”, there is no control from the trade union, which, however, does not always take the position of an employee. In addition, if the reason for dismissal is illegal and there is no written agreement, it is almost impossible to challenge this in court. The only option is if former employee will prove the absence of his own will to sign the notorious "agreement of the parties." But only a few succeed and only in those cases when such agreements were signed en masse - otherwise, the supervisory and judicial authorities take the side of the employer.

It should be noted that one of the obvious advantages - lack of regulatory deadlines layoffs can be an obvious disadvantage for the employee. In particular, he can be fired on a day off, on vacation, on sick leave, and sometimes even backdating. It does not matter even the existence of grounds for any benefits. And after signing such an agreement, it will no longer be possible to withdraw your signature. Keep this in mind when following the employer's lead and quitting "by agreement of the parties."

When applying for a job

Separately, it is worth noting the risks that may materialize after the dismissal - when searching for new work. So, being a candidate dismissed by agreement of the parties, the applicant may face a reduced interest in his own person, in connection with which the employment process risks being delayed. It may be related both with the reason for termination of the employment relationship, and with the status of "non-working candidate". Many employers consider the applicant's employment to be one of the most important indicators of his demand, and therefore professionalism. The lack of work in the search process, if there is a dismissal “by agreement of the parties” in the work book, scares off individual employers, since such a reason is considered suspicious. But they will not be able to find out about its presence before the interview, which is why the candidate gets a great chance to prepare for possible questions about this.

It is important to understand that the agreement of the parties indicated as a reason in the work book is not an explanation of the reason for leaving. The agreement of the parties is the result, the achievement of which was facilitated by individual corporate circumstances, personal motives or the initiative of the employer. So, in order not to scare off a potential employer, you should come up with a competent explanation of why this particular reason for dismissal flaunts in your work book. It is necessary to immediately dispel the doubts of the employer, indicating that the wording does not hide misconduct and disciplinary action(it is about them that the HR will think first of all, do not hesitate). If they did take place, do not be shy - come up with a legend about professional downtime, financial problems etc. In this case, however, it is to be hoped that potential employer will not ask for recommendations from the previous authorities ...

You should not talk about the presence of your own motivation - in this case, you would obviously quit "of your own free will", and recruiters are well aware of this. You can emphasize that you yourself were not against leaving the company, but there was, they say, such a situation that the authorities offered a mutual option.

Summarizing, we note that dismissal by agreement of the parties is far from the most harmless option for dismissal, especially when you consider that he can hide the illegal motives of the employer and thereby violate the rights of dismissed employees. In some cases, the features of such a dismissal can still play in favor of the employee, but the consequences can be unpredictable. So don't neglect your own labor rights for the sake of corporate interests - no one will protect them better than yourself.

Maria Soboleva

Dismissal by agreement of the parties. What does it mean?

What is dismissal by agreement of the parties, what are its features and differences from other types of termination of labor relations? Let's see how it is right for an employee to leave work by mutual agreement with the maximum benefit.

What does dismissal by agreement of the parties mean?

The very word "agreement" implies a mutual agreement between the two parties. Since we are talking about labor relations, the employee and the employer must come to an agreement on the issue of dismissal.

Moreover, both Russian and Ukrainian labor laws do not particularly go into details of how and under what specific conditions the contract with an employee is terminated.

Discuss details and find consensus. Dismissal by agreement of the parties, by the way, can be offered by both the employee and the authorities. But conditions will be required that suit everyone.

Dismissal by agreement of the parties - benefits

When is it profitable for an employee to quit his job under the above article? He can take such a step if he urgently needs to part with his current employer. The agreement of the parties does not provide for a mandatory two-week working off, as in the case of leaving of one's own free will.

Or, for example, the situation is reversed: the employee wants to quit, and decided to notify the authorities in advance. Suppose, in order for the management to have the opportunity to find a replacement for him, and the employee himself could calmly prepare all the cases for delivery and look for another job without leaving the current one. You can write in a statement that you want to leave by agreement of the parties after a month or a half.

The wording "dismissal by agreement of the parties" is often beneficial to the employer. Perhaps he wants to part with an objectionable employee, but at the same time without resorting to dismissal under the article. Then you have to negotiate with the employee on mutually beneficial terms.

Or in this way, the management intends to disguise the reduction in staff, avoiding the need to comply with all the formalities that a dismissal under such an article implies.

Because the procedure for dismissal to reduce staff is quite complicated: it is necessary to notify the employee at least 2 months in advance, make sure that he can be reduced according to the law, pay all the money due - salary, severance pay, various compensations.

And if the dismissal occurs by agreement of the parties, the question is mainly only in the amount of compensation. And here already the employee has every chance to achieve favorable conditions for himself.

Dismissal by agreement of the parties - procedure

There is one important document, which must be made by both sides of the employment relationship. It is called the "Agreement on Termination of the Employment Contract".

It certainly indicates the date of dismissal of the employee (his final working day), indicate the reason for terminating the employment contract - the agreement of the parties - and the corresponding article of labor legislation.

This agreement must also specify the conditions on which the agreement was reached: the amount of compensation - a specific figure or the number of monthly salaries, additional payments (if they are provided for by mutual agreement, because the law does not oblige the employer to carry them out).

Perhaps the parties agreed to provide the employee with leave before dismissal, this should also be indicated in the agreement on termination of the employment contract. The document is drawn up in two copies, signed by both parties, one remains with the employer, and the second with the employee.

After the agreement on termination of the employment contract is signed, the employee writes a letter of resignation by agreement of the parties, and the employer issues an appropriate order.

We must not forget about one nuance - if this agreement is concluded, then it is no longer possible to terminate it, as in the case of dismissal of one's own free will. There is, however, an exception - if both parties wanted to continue the employment relationship. Then the worker stays where he is.

Due payments

The law provides that when an employment contract is terminated, the employer is obliged to pay wages for the period that the employee worked, compensation if the vacation was not used, and other stipulated amounts in the form of allowances and bonuses.

But the so-called compensation will have to be negotiated by the employee himself, if the initiative for dismissal belongs to the authorities. Otherwise, you may not reach agreement.

When there is a choice between dismissal due to redundancy and by agreement of the parties, the second option should be preferred only if more favorable financial conditions are offered.

Experienced employers, simplifying the dismissal procedure for themselves, prefer to pay a person about one and a half times more and fire him by agreement of the parties. And as a bonus they also offer good recommendations employee.

But trusting verbal promises is unwise. All benefits offered must be confirmed by specific entries in the “Agreement to Terminate the Employment Contract”.

Dismissal by agreement of the parties, as well as downsizing, gives the right to register with the employment center and immediately receive unemployment benefits. But in the case of leaving at their own request, payments will begin only after 3 months.

Are you about to be fired and the situation is quite conflicting? Read about your rights on your own or get legal advice, and choose the best option for leaving work when your interests are taken into account and labor laws are not violated.

Take it, tell your friends!

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