The general procedure for processing the termination of an employment contract is regulated. This article describes the algorithm of actions that must be followed.

The termination of the employment contract is formalized by the order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

According to the general rules, the day of termination of the employment contract is always the last day of the employee's work, except in cases where the employee did not actually work, but the place of work was retained for him.

On the day of termination of the employment contract, the employer must:

• issue a work book to the employee (if the employee is not at work on the day of dismissal, then a notification is sent to him about the need to pick up the work book or agree to send it by mail);
• make a calculation with him in accordance with;
• at the written request of the employee, issue certified copies of documents related to work.

An entry in the work book on the basis and reason for the termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR professionals as to which wording to use: “employee fired”, “employment contract terminated” or “employment contract terminated”? The Labor Code does not give an unambiguous answer to this question, so employers often choose the wording at their discretion.

Grounds for dismissal of an employee

1. Dismissal during probationary period

The establishment of a probationary period for employment is regulated by Art. 70 TK. It provides a list of employees who are not subject to a probationary period:

• persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who have received secondary vocational education or higher education in state-accredited educational programs and for the first time come to work in the acquired specialty within one year from the date of receiving professional education of the appropriate level;
• persons elected to an elective position for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months;
• to other persons in cases stipulated by the Labor Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of a new employee using memoranda, acts. When the trial period ends and the employer evaluates the results of the newcomer unsatisfactorily, he must document the validity of his decision.

The employer can terminate the employment contract before the expiration of the test period with an unsatisfactory result, but he will need to notify the employee in writing (in the notification format) no later than three days, indicating the reasons that served as the basis for such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If the employee refuses to sign the notification, an appropriate act is drawn up, which records the fact that the employee has read the notification and refuses to sign it. Based on the notification, an order T-8 is issued to terminate the employment contract. If the employee refuses to sign the order, then at the bottom of the order the personnel officer makes an inscription by hand that the employee was familiarized with the order, but refused to sign, or an appropriate act is drawn up. In any case, it is important to record the fact that the employee is familiar with the order.

The employee can also terminate the employment contract at his own request during the probationary period. To do this, he needs to submit an application, while he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 of the Labor Code, will be three calendar days. The dismissal itself is made on the basis (termination of the employment contract at the initiative of the employee).

2. Voluntary dismissal

Which article of the TC to focus on:.

The employee has the right to terminate the employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement of the parties, this period may be reduced.

In cases where the dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds when such an option is possible: enrollment in an educational institution, retirement, established violation of labor legislation by the employer, etc. The practice of labor relations shows that there are many more reasons to reduce the notice period. For example, an illness that prevents the continuation of this work, if there is an appropriate medical certificate; moving to another area ().

The list of valid reasons for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in the collective agreement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract. For example, in Art. 64 of the Labor Code states that it is forbidden to refuse to conclude an employment contract for employees invited in writing to work in the order of transfer from another employer.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must:

• issue a work book to the employee;
• issue other documents related to work, at the written request of the employee;
• make a settlement with him.

How to draw up documents?

When an employee has the right to reduce the notice period, he writes the date of dismissal, which is mandatory for the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to a benefit, but asks to be fired earlier. For example, he writes a statement on May 15, and asks to be fired on May 19. In this case, the employer may act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires a two-week notice and asks for a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the issuance of the book, so that the employee immediately signs in the book of accounting for the movement of work books).

3. Dismissal by agreement of the parties

Which article of the TC to focus on:.

The basis for dismissal "by agreement of the parties" was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: "The employment contract can be terminated at any time by agreement of the parties to the employment contract." No matter how such a basis for dismissal is perceived, it is necessary to proceed first of all from the fact that the word “agreement” itself indicates a peaceful basis for termination of employment relations.

Despite the fact that the agreement is not provided for by the Labor Code, this is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to the expiration of the employment contract

Which article of the TC to focus on:.

The grounds on which a fixed-term employment contract is concluded are spelled out in. Most often - for the duration of the performance of the duties of an absent employee, for whom the place of work is retained.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a certain date, which is prescribed in the contract itself. Three days before this date, the employer is obliged to notify the employee of the expiration of the period by means of a notice.

Sometimes it is impossible to determine the expiration date of the employment contract in advance, in which case the contract does not indicate the expiration date, but the condition. In this case, it is not necessary to notify the termination of the employment contract, since the very fact that the main employee enters work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code spells out how to issue a disciplinary sanction. The algorithm of actions of the employer in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two business days). The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. In the presence or absence of an explanation, the employer makes a decision based on his assessment of the employee's actions.

The deadlines for applying the penalty must be taken into account - no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

A memorandum on the commission of a disciplinary offense is sent to the name of the director (the person who can make decisions on this issue). And the employee is given a notice against signature with the requirement to provide a written explanatory note. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action will be taken. With “soft” variants of violations, the employee is first reprimanded. At the same time, the order on the application of a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to deal with a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until the fact of violation of labor legislation is established.

The registration of such a situation begins with the preparation of an act for each working day stating that a person is absent from work for an unknown reason (the first act indicates the time of absence “from ... to”, and the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of a long absence - as of the day the next time sheet was submitted.

Letters are sent to the employee with a request to give an explanation of the reasons for the absence (must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may recognize the missing employee as missing through the court. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6, part 1, art. 83 of the Labor Code of the Russian Federation.

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the employment contract is terminated:
- at the discretion of the worker
- at the initiative of the employer
-may be due to failure to fulfill their duties at work
- absenteeism without good reason
- committing theft
...............
well, in other cases, this is the main
-

If you don’t swear, I found it on the Internet Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

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Make a plan) highlight the main semantic parts “Freedom is, undoubtedly, one of the most valued goods by a person. For centuries

mankind made the greatest sacrifices in order to win or defend freedom. In youth, an instinctive craving for freedom manifests itself. Crimes are punishable by imprisonment. The word "freedom" can mean very different things. In fact, "to be free" means to have freedom of choice. But one cannot remain without a choice, and from the moment the choice is made, a person loses part of his freedom. Freedom is volatile and elusive. If freedom is the primary condition of human dignity, it is nothing without education, not that education which is imposed from without and binds, but that which is acquired on the basis of experience, reflection or consciousness. The realization of freedom is quite difficult: it is necessary to make a choice, and different choices give different results. Essentially, human nature is such that some options are detrimental to him, others are indifferent or beneficial. ... some elections are catastrophic, as sooner or later everyone is convinced from their own experience. The teaching of freedom is thus even more important than freedom itself. Very often people believe in the neutrality or indifference of choice - there is nothing more dangerous. One way of living life allows each of us to avoid a lot of trouble, but there are also ways that lead us to dullness, enslavement or self-destruction. A person is all the more free, the more fully the choice he makes corresponds to his nature. C6 The text expresses the judgment: "Man is the more free, the more fully the choice he makes corresponds to his nature." Formulate your attitude to the given point of view. Based on the text and social science knowledge, give two arguments (explanations) in defense of your position.

When and in what cases is the employment contract terminated?

The dismissal of an employee is often associated with conflicts and violations. Therefore, both the employee and the employer need to know and navigate the rules for terminating an employment contract. When, on what grounds, in what cases is the employment contract terminated? We will tell in this article.

General grounds for terminating an employment contract

We list and describe the most common grounds for terminating an employment contract.

Dismissal at the initiative of the worker.

Dismissal often occurs at the initiative of the worker himself. Outwardly, this is formalized by the employee submitting a letter of resignation. At the same time, the employee must comply with the rule of law on warning the employer of his intention to quit. As a general rule, at least 2 weeks must pass from the moment of filing the application until the moment of dismissal, the so-called "working off". This time is given to the employer in order to find a replacement for the retired staff and to carry out all other necessary measures in connection with the dismissal (transfer of cases, etc.).

What should be taken into account here? The notice period for dismissal for certain categories of employees may be shorter. So, seasonal workers can warn of their dismissal in just three days. The same period is set for employees who are. During the test, they can write a statement three before the dismissal.

And of course, the warning period may be reduced or not taken into account at all if the parties have agreed on this matter. For example, the employer agrees to the dismissal of an employee without a mandatory "working off".

Recall that dismissal at the request of the employee is possible and completely without working off. It depends on the reasons for the dismissal. If the reasons for terminating the employment contract are related to retirement, caring for a sick family member, and in other cases, then the employer is obliged to dismiss the employee when he asks for it.

Dismissal "in a good way" and "in a bad way"

If the dismissal occurs "in a good way", then the implementation of the above rules is sufficient to terminate the contract. However, dismissal "in an amicable way" is far from always and may be accompanied by conflicts.

Sometimes employers force employees to write statements of their own free will. Such actions are clearly illegal. And even if the employee writes a statement under pressure from the employer, he can later apply for the protection of his rights to law enforcement and control authorities (court, prosecutor's office, labor inspectorate) and achieve reinstatement at work. There are enough such examples in judicial practice, when in the trial the facts of forced dismissal of one's own free will were confirmed.

There may be another situation when the employer does not want to part with the employee and creates all sorts of obstacles for him on the way to dismissal. In such cases, employees need to stock up on evidence of legally significant actions. In this case, it is a resignation letter. These facts can be recorded by a receipt of the authorized person of the employer on the employee's statement, written in 2 copies; or confirmed by telegram, registered letter with a list of attachments and other methods.

Dismissal at the will of the employer

Depending on the grounds for terminating the employment contract, such dismissal can be very different. It is one thing when an employee is fired due to redundancy with the payment of a 2-month severance pay; and it’s a completely different matter if he is fired “under the article”, when such impartial information gets into the work book. Often, employers, threatening an objectionable employee with such a dismissal, get him to write a letter of resignation of his own free will.

You can read about "" in other materials on our site. Here we note that in addition to the “bad” reasons for terminating an employment contract, dismissal at the request of the employer may not be so negative. Such grounds for termination of an employment contract are dismissals due to:

• with the liquidation of an enterprise or company or the closure of an individual entrepreneur;
• reduction of staffing at the employer;
• conflict of interest and unwillingness or inability of the employee to resolve it;
• change in the ownership of the property of an enterprise or company (concerns the management team).

There is one general rule that employers must follow regardless of the reason for terminating an employment contract (good or bad). At the initiative of the employer, the law prohibits the dismissal of employees during periods of their vacation or disability. This rule does not apply only to cases of closing an IP or liquidating a company.

Dismissals for other reasons

Other common grounds for termination of an employment contract include layoffs:

• by agreement of the parties;
• due to the expiration of the contract;
• due to unforeseen circumstances.

The agreement of the parties must be reached in writing, drawn up in at least two copies (for the employee and for the employer). It often includes conditions on the employee's payments in connection with the dismissal.

If, and the parties have no intention to continue it, then the relationship also ends. At the same time, the employer has an obligation to notify the employee of the upcoming dismissal for this reason no later than three days before the dismissal.

Upon dismissal due to circumstances that are beyond the control of the parties, the employment contract is terminated due to conscription, death, criminal prosecution, non-selection to the appropriate position, medical contraindications, etc.

The labor law clearly regulates the grounds and procedure for dismissal of an employee, establishing by what rules and in what cases the employment contract is terminated. In this article, we will talk about the most common reasons for layoffs.

Grounds for termination of an employment contract

The grounds for dismissal are listed in article 77 of the Labor Code of the Russian Federation. They can be grouped into the following grounds for terminating an employment contract:

• by the will of the employee;
• at the request of the employer;
• by agreement of the parties;
• for reasons beyond the control of the parties;
• in connection with the expiration of the employment contract;
• for other reasons.

Dismissal at the initiative of an employee

The employee has the right to terminate any employment contract, both fixed-term and indefinite, on his own initiative. At the same time, employees must comply with the mandatory conditions for terminating the employment contract. Usually this is the so-called "working off", that is, the employee must warn about the planned dismissal in advance. As a general rule, two weeks in advance, but in some cases the warning period may be longer (when managers are dismissed) or less (for example, when they are dismissed during the probationary period for employment).

Dismissal at the initiative of the employer

The grounds for dismissal in these cases are established by Article 81 of the Labor Code of the Russian Federation, which provides for the following reasons for terminating an employment contract:

• liquidation of a company or closure of an individual entrepreneur;
• staff reduction (number);
• inconsistency of the employee with his position;
• change of the owner of the company;
• repeated disciplinary offenses;
• a single gross violation of duties (including absenteeism; appearing at work in a state of intoxication; disclosure of secret information; theft, embezzlement, damage to other people's property committed at the place of work);
• loss of trust;
• conflict of interest;
• immoral offense (for employees performing educational functions);
• forgery by an employee when hiring;
• cases stipulated by the contract with the management of the company.

For these cases of dismissal (except for the liquidation of the company and the closure of the IP), a general rule has been established according to which it is impossible to dismiss an employee during his vacation or disability. In addition, with regard to certain grounds for dismissal, additional conditions for terminating an employment contract are provided. In particular, dismissal for embezzlement is possible only if these facts are established by a verdict or order of a court or other law enforcement agencies.

Dismissal by agreement of the parties

Such an agreement can be reached at any time. The only obligatory requirement for it is to draw up an agreement in writing. All conditions of dismissal on this basis (terms, amounts of payments) are determined by the parties at their discretion.

Dismissal for reasons beyond the control of the parties

The law, in particular, refers to the reasons for such dismissal: conscription of an employee into the army; reinstatement of a previously illegally dismissed person at work; non-election to elective office; bringing an employee to criminal liability; inability to perform work for medical reasons; death of an employee or employer (individual).

Dismissal due to the end of the employment contract

If the term of the employment contract has expired, then it is terminated. The employer must notify the employee of the expiration of the term three days before the dismissal. However, failure to comply with this condition, according to existing judicial practice, is not considered as a basis for recognizing the dismissal as illegal. However, if none of the parties announced the termination of the fixed-term contract and the employee continued to perform work, then the employment contract remains valid, the condition on the term becomes invalid, and the contract becomes indefinite.

The general grounds for terminating an employment contract are spelled out in Article 77 of the Labor Code. In itself, the concept of "termination" is broader than the "termination" of the contract, as it includes all cases of termination of the employment contract under the Labor Code and federal regulations.

Grounds for termination of an employment contract

The general grounds for terminating an employment contract are divided into the following:

• employee's desire;
• employer's initiative;
• consent of the parties;
• expiration of the contract.

Termination of an employment contract is the end of its validity for one of the legally established reasons. If the employment contract was terminated for another reason not prescribed in the Labor Code, then this can be regarded as illegal actions or labor discrimination. As a result of an employee's complaint, he may be reinstated at work.

If an employee can declare his desire for an employment contract at any time and not focus on the reasons, then the employer can be guided only by a narrow list of grounds, for example, when terminating his activity due to non-certification or gross violation of duties or commission of guilty actions by the employee ( , theft, appearance at work in the form,), etc.

General grounds for termination of an employment contract, which are listed in Art. 77 of the Labor Code, are specified in other articles of this law and other regulatory legal acts.

Grounds for terminating an employment contract include:

1. according to the rules of Art. 78 TK.
2. the validity of the employment contract under Art. 79 TK(except for situations when none of the parties demanded termination of the employment contract within the established time limits).
3. Termination of the employment contract at the initiative of the employee under Art. 80 or employer under Art. 71, 81 TK.
4. Due to circumstances beyond the control of the parties(according to article 83 of the Labor Code).
5. employee at his request(or on the basis of his consent) to work for another employer or for an elected position.
6. Refusal of an employee to continue work due to a change in ownership of property with a change in the jurisdiction of the company (its reorganization) under Art. 75 TK.
7. Refusal of an employee to continue working due to a change(under part 4 of article 74 of the Labor Code).
8. Refusal of an employee to transfer to another job, which is required by him for health reasons(on the basis of parts 3, 4 of article 73 of the Labor Code).
9. Refusal of the employee to transfer to work in another locality together with the employer according to part 1 of Art. 72.1 TC.
10. For violation of the existing rules for concluding an employment contract, which make it impossible to continue the work (under Art. 84 of the Labor Code).

These general grounds for terminating an employment contract are the same for all categories of employees. For certain groups of specialists, additional and special grounds may be provided: for example, for homeworkers and workers, teachers when committing immoral offenses or athletes when using doping, etc.

For employees holding elective positions, the employment contract terminates if they are not elected for a new term.

In part 2 of Art. 77 of the Labor Code mentions the grounds for termination of an employment contract, which are related to the requirements of the Code of Administrative Offenses of the Russian Federation, the Federal Law “On Civil Service”, “On Service in the Customs Authorities of the Russian Federation”, etc.

Termination procedure

Fixed-term employment contracts are terminated upon expiration of their validity period. At the same time, the employer is assigned the obligation of the employee about his desire to terminate the employment relationship in three days. If this is not done and the employee is not fired before the end, then the contract automatically changes to the status.

The procedure for terminating an employment contract will be slightly different depending on the basis. So, in order to comply with the law, the employer will have to warn the employee about, reducing or terminating activities as an individual entrepreneur in advance. In addition, the employment service is required to be notified of a mass reduction.

If the reduced employee is a member of a trade union, then his dismissal is preliminarily agreed with the trade union organization. There are still some special requirements that need to be taken into account: for example, the priority right to keep certain categories of workers at work (for example, with high qualifications) or the need to document the fact of a gross offense (for example, a court verdict on the fact).

If the contract is terminated at the initiative of the employee, then he must file a dismissal in the name of the employer. This must be done 2 weeks before the upcoming dismissal, since the employer has the right to set such a period to search for a replacement and transfer cases to another employee. At the same time, by agreement of the parties, the employment contract may terminate before the expiration of 14 days.

For short-term and seasonal contracts, the application must be submitted 3 days before the upcoming dismissal.

In some cases, an employee may not work after submitting a letter of resignation. For example, if the reason for terminating the employment contract is the employee’s exit, then he himself can prescribe the date of his departure. It is also not allowed to detain an employee who leaves work to care for a disabled child.

If the basis for termination of the employment contract is the agreement of the parties, then the employment contract terminates on the date specified in the signed document and on the terms of the agreement.

But regardless of the reasons for terminating the employment contract, this procedure involves the passage of the following stages:

1. The publication of the dismissal and familiarization of the employee with it under the signature. The order is issued in the unified T-8 form or in the form approved by the company. It must contain the grounds for dismissal and a link to a document that confirms the legality of the application of this ground (for example, a statement of resignation of one's own free will). If the employee refuses to sign the order, then an appropriate note is made about this.
2. Filling out HR documentation(employee's personal card), etc.
3. Entering a notice of resignation. It is handed to him on the last working day, about which the employee signs in a special journal. If he evades receiving a work book, the employer is obliged to send it to his home address.
4. Final settlement with the employee on his last working day.

The date of termination of the employment contract is the last working day of the employee. If the employee did not fulfill his labor duties, then the last day is the day indicated in the order (according to Art. 84.1). It is on this day that the employee must finally pay off and give him a work book in his hands.

The amount of the final calculation includes earnings for hours worked and unused vacation upon dismissal. The payment is mandatory only upon dismissal of an employee due to reduction and liquidation, in other situations it remains at the discretion of the employer.

If in the course of final settlements the employer and the employee have disputed amounts, then the employee is paid the undisputed part, and the rest - based on the results of the resolution of disputes.

Thus, the general grounds for terminating an employment contract are described in detail in labor legislation. They depend on the type of employment contract concluded with the employee and on the status of the employee.

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