Often, moving or other life circumstances lead to the need to change jobs. Negative consequences dismissal can be avoided if this process takes place by agreement of both parties. This is the most optimal way to end the working relationship between an employee and a boss.

How to make an application?

The specifics of dismissal by agreement of the parties and the rules for drawing up the corresponding application are prescribed in the Labor Code of the Russian Federation. This method is relevant for both unlimited and fixed-term contract hiring It is especially important that the employee notify his superiors of his desire to leave in writing by drawing up a special resignation letter. The document should be drawn up in two copies, one remains with the applicant, and the second is provided to the authorities. Some companies provide forms for making statements of this kind, which can be obtained from the human resources department. If you do not have a form, be sure to include the following information when completing your application:

• Applicant's passport details;
• The name of the applicant’s position and his contact telephone number;
• Full company name and full name boss;
• Enterprise address;
• Information about the employment contract, its details and date of acceptance;
• Expressing a desire to resign by agreement of the parties;
• Link to article of law;
• Date of the last working day;
• Date and signature of the employee with transcript.

Additional terms, which can be stated in the resignation letter:

• Mention of the days of unused vacation that the employee decided to take before dismissal;
• Data on the transfer of inventory, documentation, equipment, furniture, and so on;
• The amount of compensation for settlement funds.

Data about the employee’s appeal is entered into a special registration log. A mark of receipt and signature of the employee who accepted the application is placed on the employee’s page.

Methods for submitting a letter of resignation by agreement of the parties:

• Direct transfer to the manager, HR manager or director;
• Sending by mail by registered mail with notification of receipt and a list of investments;
• Transfer to the manager through the employee’s authorized representative. This requires a power of attorney certified by a notary.

Samples

Application deadline

The employee must provide a letter of resignation at least two weeks in advance before the expected termination date labor activity. When other conditions were not previously agreed upon with superiors when applying for a job.

An order to dismiss an employee by agreement of the parties is drawn up after consideration of the application and its acceptance. Before the applicant leaves, the HR employee must provide him with all the documents required for dismissal. These include a copy of the order, a work book with the corresponding entry and some other papers. The accounting department must prepare the final calculation.

Illness and other circumstances are not considered grounds for postponing the termination of an employment contract. The work book must be issued former employee after recovery.

When drawing up an application, you should be especially careful with the wording. There is no need to write “since February 24, 2019.” A more acceptable option would be “February 24, 2019.” Formulation of this kind will help to avoid misunderstandings in determining the last working day.

Step-by-step instructions for filing a dismissal

General registration procedure dismissals by agreement of the parties:

1. The parties negotiate the terms of dismissal that satisfy both the employee and the management;
2. A written agreement on the end of cooperation is drawn up. It specifies all conditions and terms. The employee can also draw up his own application, which will reflect similar information;
3. A representative of the HR department prepares an order in the T-8 form and hands it to the employee against signature;
4. Information about dismissal is entered into the employee’s personal card;
5. IN work book an entry is also made for the employee, after which it is transferred to the employee;
6. The calculation and issuance of wages and compensation to the employee is carried out. In addition to wages and compensation for unused vacation, additional payments are possible. This is permissible if the conditions were previously agreed with the management and specified in the contract;
7. The final payment to the employee is made on the last day of being at work.

It is worth keeping in mind that the dismissal procedure by agreement of the parties does not require the mandatory signing of an agreement. An application from the employee and a corresponding order from the head of the enterprise are sufficient.

What payments and compensations are due?

In accordance with the standard employment contract, some organizations provide for the payment of severance pay, including cases where dismissal occurs by agreement of both parties. It is worth keeping in mind that compensation of this kind is not provided for by law. Russian Federation, and their size is established through negotiations between the employee and the boss.

After dismissal, the employee must be provided reference-calculation, which will indicate the following accruals:

• Last month's salary;
• Compensation for unused vacation;
• Information about pre-agreed severance pay.

Compensation for dismissal is not specified in the Tax Code of the Russian Federation. Consequently, they are not subject to personal income tax and are not subject to social contributions. However, there is a rule according to which the amount of compensation should not exceed the employee’s average earnings for three months.

It is worth keeping in mind that after leaving the organization, the employee is required to receive a work book with a notice of dismissal. The date of dismissal, article and number of the dismissal order are indicated here. Also, the employer must return the medical record to the employee if it was kept at the enterprise during the period of work.

Pros and cons for the employee

Advantages dismissals by agreement of the parties for the employee:

• After a preliminary discussion of his departure with his boss, the employee has a certain amount of time left to find a new job, resolve personal issues, and so on;
• Maintaining friendly relations with the boss leaves the possibility of returning to this workplace;
• When drawing up an agreement, you can discuss the amount of compensation that is not provided for dismissal due to at will;
• After dismissal, by agreement of the parties, the employee can register with the employment service and receive compensation for some time until he finds a new job;
• In this case, the dismissal procedure takes only one day, there is no need to work for two weeks;
• Opportunity to get letter of recommendation from superiors for a new job.

Advantages dismissals by agreement of the parties for the employer:

• Full guarantee that the employee will not change his mind and withdraw his resignation letter. This is relevant in cases where the boss himself planned to fire the employee;
• Absence of possible loopholes and misunderstandings in case of litigation;
• There is no need to resolve the issue with the trade union or warn the employee in advance about dismissal;
• No need to pay financial compensation. However, it can be paid at the personal request of the management.

What is the basis for dismissal by agreement of the parties? What is the difference from dismissal at the initiative of the employee? Can the agreement be revoked? In what order can it be changed? What is the procedure for dismissal by agreement of the parties? Should the condition for the payment of severance pay be established by documents other than the agreement?

By virtue of Art. 78 of the Labor Code of the Russian Federation can be terminated at any time by agreement of its parties. And this is the only article of the Labor Code devoted to this basis for dismissing an employee - on the one hand, the most universal, and on the other, the most “insidious”, primarily because its clear procedure has not been established. However, guided by established practice (including judicial practice), today it is possible to determine the basic rules and procedure for dismissal by agreement of the parties, which we will discuss in the article.

Rules for concluding an agreement.

By and large, the dismissal procedure by agreement of the parties is similar to that at the initiative of the employee, but there are still several differences. First of all, you should determine which document is the basis for dismissal. Article 78 of the Labor Code of the Russian Federation simply states that this is an agreement of the parties, its form is not indicated. That is, it can presumably be concluded orally.

In fact, so that disputes do not arise between the employee and the employer regarding such dismissal (they are not uncommon), the agreement, of course, must be in writing. It may look like an agreement itself, which is preferable, or like a statement from the employee if he initiated the dismissal. Moreover, in contrast to the employee’s statement of resignation at his own request, this statement must contain:

• reason for termination labor relations– by agreement of the parties;
• desired date of dismissal;
• amount of compensation or other conditions of dismissal (if any);
• signatures of the employee and employer.

Let us present a sample statement that can be considered as an agreement.

I don't mind. To the director

HR specialist L. Prikazova at MBUK “ central Library»

formalize the dismissal on January 20, 2017. M. S. Knizhkina

To accountant O. A. Kopeikina from the librarian

01/20/2017 make calculations for L. M. Formularova

in accordance with labor

legislation.

01/18/2017, Knizhkina

Statement

Please terminate your relationship with me employment contract by agreement of the parties on the basis of clause 1, part 1, art. 77 Labor Code of the Russian Federation January 20, 2017.

Formlyarova /L. M. Formlyarova /

If the employer agrees to dismissal by agreement of the parties, but is not satisfied with the conditions specified in the application, for example the date of dismissal, it is better to try to agree on them and reflect them in a separate agreement.

So, if the employer initiates termination of the contract by agreement of the parties, he must send the employee a written proposal to conclude an agreement. Here is an example of such a proposal.

Municipal state-financed organization culture
"Central Library"

(MBUK "Central Library")

01/18/2017 To the librarian

ref. No. 3/k L. M. Formularova

OFFER

on termination of the employment contract

Dear Larisa Mikhailovna!

I ask you to consider terminating your employment contract No. 12/2014 dated 10/12/2014 in accordance with clause 1, part 1, art. 77 of the Labor Code of the Russian Federation by agreement of the parties on January 25, 2017 with payment of compensation in the amount of one salary. Please inform me about your decision in writing within three days from the date of receipt of this proposal.

Director Knizhkina M. S. Knizhkina

Offer received. Formlyarova /L. M. Formlyarova /

If the employee agrees to be dismissed, he and the employer agree on the terms of the dismissal and enter into an agreement. It must also indicate the basis for termination of employment, the date and other conditions of dismissal.

The agreement is drawn up in two copies, signed by the employee and the employer, and one copy is given to the employee against signature. Let's give a sample.

Agreement

on termination of the employment contract

dated 10/12/2014 No. 12/2014

Voronezh 01/20/2017

1. In accordance with Article 78 of the Labor Code of the Russian Federation, the Employee and the Employer agreed to terminate the employment contract dated October 12, 2014 No. 12/2014 by agreement of the parties (Clause 1, Part 1, Article 77 of the Labor Code of the Russian Federation) on January 25, 2017.

3. On the Employee’s last working day, the Employer undertakes to issue a completed work book and make full payments to him.

4. On the last working day, the Employer undertakes to pay the Employee what is due to him wages, compensation for unused vacations, additional monetary compensation in the amount of one salary, and the Employee undertakes to accept the specified amounts.

5. The parties have no mutual claims against each other.

6. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

Employer: Employee:

20.01.2017 20.01.2017

We emphasize that the agreement on the part of the employer must be signed either by the manager himself or by a person authorized by him to do so, otherwise the court will declare the dismissal illegal.

In addition to observing the form of the agreement, the employer should strictly observe one more rule: it is unacceptable to force an employee to enter into an agreement to terminate the employment contract, since the main condition for such dismissal is the mutual voluntary expression of the will of the parties. And if the dismissed employee proves in court that he entered into such an agreement under the coercion of the employer, he will be reinstated.

Rules for cancellation of the agreement.

The main difference between dismissal by agreement of the parties and dismissal at the request of the employee is the impossibility of revoking the agreement. Let us remind you that according to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice period for dismissal, an employee has the right to withdraw his application at any time, except for the case when another employee is invited in writing to take his place.

The employer cannot refuse to fulfill the agreement or force the employee to continue working. By virtue of clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation,” if before dismissal one of the parties wants to cancel the agreement or change the term and basis for dismissal, this will not be possible without the consent of the other sides. In this case, the parties must enter into a new agreement that cancels the previous one in whole or in part. (We give a sample on page .)

And here you should pay attention to the fact that it is possible to terminate an employment contract by agreement of the parties with any employee: with a woman who has a child under 3 years of age; with a single mother raising a disabled child under the age of 18 or a young child (under the age of 14); with another person raising these children without a mother; with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under 18 years of age or the sole breadwinner of a child under 3 years of age in a family raising 3 or more young children, if the other parent (other legal representative of the child) is not a member in labor relations; and also with a pregnant woman.

None of the workers of the listed categories, with the exception of pregnant women, can unilaterally refuse to fulfill the agreement. This conclusion follows from the Ruling of the Armed Forces of the Russian Federation dated September 5, 2014 No. 37-KG14-4, which states that the guarantee in the form of a ban on the dismissal of a pregnant woman at the initiative of the employer, provided for in Part 1 of Art. 261 of the Labor Code of the Russian Federation, is also applicable to relations arising upon termination of an employment contract by agreement of the parties. Moreover, this rule also applies if the employee did not know about her pregnancy at the time of signing the agreement.

If at the time of cancellation of the agreement the employer had already issued a dismissal order, it must be canceled by another order.

Agreement

on cancellation of the agreement to terminate the employment contract

dated 10/12/2014 No. 12/2014

Voronezh 01/23/2017

The municipal budgetary cultural institution "Central Library" represented by the director Marina Stanislavovna Knizhkina, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and Larisa Mikhailovna Formlyarova, hereinafter referred to as the Employee, on the other hand, collectively referred to as the Parties, have entered into this agreement about the following.

1. The parties agreed to cancel the agreement dated January 20, 2017 on the termination of the employment contract dated October 12, 2014 No. 12/2014.

2. This Agreement is drawn up in two copies having equal legal force - one for each of the Parties.

Employer: Employee:

Director Knizhkina / M. S. Knizhkina / Formlyarova / L. M. Formlyarova /

23.01.2017 23.01.2017

A copy of the agreement has been received. Formlyarova /L. M. Formlyarova /

Dismissal rules.

So, based on the agreement, the employer issues an order. The order reflects the grounds for dismissal and details of the agreement. The employee must be familiar with the order upon signature. The employee’s refusal to sign the order cannot cancel the dismissal if an agreement is concluded between the parties. Therefore, by virtue of Art. 84.1 of the Labor Code of the Russian Federation, in the case where the order to terminate the employment relationship cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it and sign it, a corresponding entry is made on the order.

On the last day of work, it is issued to the person being dismissed. If he refuses to receive it, the employer is obliged to send him a notice of the need to appear for the work book or agree to send it by mail. On the same last working day, the final settlement is made with the dismissed person, in particular, payments stipulated by the agreement are made.

note

Article 178 of the Labor Code of the Russian Federation establishes cases of payment of severance pay, in particular in case of staff reduction, conscription military service. At the same time, it is established that an employment or collective agreement may provide for other cases of payment of severance pay, as well as establish their increased amounts.

Thus, if an employment or collective agreement provides for the payment of severance pay or compensation in cases of termination of the employment contract by agreement of the parties, then the employer is obliged to pay them.

When an employer refuses to pay compensation or severance pay, and their payment is established only by agreement, the opinions of the judges differ. Some believe that such a refusal is legal, since the payment of benefits or compensation, in addition to the agreement, must be provided for by an employment or collective agreement, others believe that the refusal is unlawful, since the agreement to terminate the employment contract is part of it and may contain conditions that are not provided for by the contract.

In any case, when paying compensation, the employer must comply with the provisions of Art. 349.3 of the Labor Code of the Russian Federation, which establishes a limit on the amount of severance pay, compensation and other payments in connection with the termination of employment contracts for individual categories workers.

In particular, in agreements on termination of employment contracts in accordance with Art. 78 of the Labor Code of the Russian Federation with the heads of the organization, their deputies, and chief accountants, it is not allowed to include conditions on the payment of severance pay, compensation and (or) on the appointment of any other payments to these employees. At the same time, if the payment of compensation and severance pay is provided for by an employment or collective agreement, they are paid, but their amount cannot exceed three times the average monthly salary of the specified employees.

Question

If, before the date of dismissal according to the agreement, the employee grossly violated labor discipline or changed his mind and wrote a letter of resignation of his own free will, on what grounds can we fire him?

If the employer manages to complete the procedure for bringing disciplinary liability before the date of dismissal specified in the agreement, then it is possible to dismiss the employee on the appropriate grounds of Art. 81 Labor Code of the Russian Federation. As for voluntary dismissal, if the date specified in the resignation letter precedes the date specified in another statement, then the employee will have to be fired under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation upon expiration of the warning period. If not, the employee is dismissed by agreement of the parties.

Question

Should we dismiss an employee by agreement of the parties if he is on sick leave?

If an employee is ill on the date of termination of the employment contract, he still needs to be dismissed under clause 1, part 1, art. 77 of the Labor Code of the Russian Federation, since this is not dismissal at the initiative of the employer. Moreover, if you do not formalize your dismissal by the date specified in the agreement, the agreement to terminate the employment relationship will be canceled automatically.

To summarize, we highlight the basic rules for dismissal by agreement of the parties:

1. The agreement must be concluded in writing, indicating the grounds for dismissal, the date of dismissal, the amount of compensation, if any, (other conditions), and signed by the employee and the employer (other authorized employee).

2. The agreement is concluded only by the mutual voluntary expression of the will of the parties.

3. The terms of the agreement must not contradict the provisions of the law.

4. The agreement cannot be revoked by the employee (unless the employee is pregnant), changed or canceled unilaterally - only by mutual consent of the employee and employer by concluding a separate agreement.

5. Upon dismissal, the dismissal procedure must be followed and the terms of the agreement must be met.

6. If an employee, having signed an agreement to terminate the employment contract, refuses to resign (did not sign the order, did not receive a work book), he is subject to dismissal and such dismissal is lawful.

7. If the employee is not fired on the day specified in the agreement, it is automatically canceled.

8. Before the date of dismissal, the employee may be dismissed for another reason.

Labor Code The Russian Federation allows the termination of employment relations between the parties by concluding an appropriate agreement. The fact that the contract was terminated precisely on this basis should be noted in the employee’s work book when it is processed for issue.

How to dismiss by agreement of the parties: entry in the labor record

In the Labor Code of the Russian Federation, reference to the agreement of the parties as a method of annulment of labor relations is present in two articles:

• Article 77 – this method dismissal comes first on the list of general grounds.
• Article 78 – it allows termination of the employment relationship at any time by reaching an agreement between the employee and the employer.

When filling out the section on dismissal in the work book, a link is given to Article 77, as required by the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69).

The rest of the entry follows the general rules:

• The serial number of the record is indicated.
• The date of termination of the employment relationship is indicated.
• The reason for termination of the contract is indicated, always with reference to the Labor Code of the Russian Federation.
• The basis for recording the dismissal is indicated.
• The official's signature and seal (if any) are affixed.

Note! You need to indicate not just the article number, but also the corresponding paragraph (subparagraph). The name of the code of laws is also indicated in full.

Example 1

Example 2

Example 3

The unambiguous wording of the record of such dismissal has not been established, but it contains mandatory the reason and reference to the relevant legal norm must be indicated. Abbreviations are not allowed in this entry.

On the basis of which document is an entry made in the labor record?

By agreement of the parties, dismissal is formalized by the following documents:

• The severance agreement itself. The Labor Code of the Russian Federation does not indicate that it must be concluded in writing, but when formalizing labor relations, only agreements drawn up in writing are valid. It is compiled in free form.
• Based on the signed agreement, a dismissal order is made. It is this that will serve as the basis for entering information about dismissal into the work book.

The basis is entered in column number 4 of the work book. The following details of this document are indicated:

• its name,
• publication date,
• Document Number.

Note! The basis may be any order of the employer to dismiss an employee (protocol, decision general meeting etc.).

When terminating an employment contract, a corresponding entry must be made in the employment contract. By agreement of the parties, termination of labor obligations occurs under clause 1 of part 1 of Article 77 of the Labor Code of the Russian Federation. The reason for termination of the contract is also indicated, in this case it is the signing of an agreement by the parties to terminate the employment relationship.

Most often in our country, according to statistics, dismissal occurs at will. This means that the employee consciously seeks to change his place of work, looking for further prospects and development in other places.

The dismissal record, in accordance with all the rules for maintaining work records, is made either by an employee of the human resources department or by the employer himself.

Of course, this entry must meet a number of requirements and at the same time not contradict the law. Each record left in the employment record carries a special value, and the record of dismissal is no exception. By the way you leave an entry in the employee’s work book, other employers, and the employee himself, will evaluate the prestige of your company.

Therefore, if you want to indirectly show that you have a fairly serious organization, as well as experienced and professional staff, make sure that the correct entry is made in the work book. Today more and more more attention paid to the formulation of certain entries in the work book, however, both employees, employers, and personnel department employees have been confused since 2002 by one single entry that may appear in the work book after dismissal.

It sounds something like this: dismissed by agreement of the parties. What does it mean this phrase, and most importantly, in what cases it is applicable - read in our article.

What regulatory documents are relied upon upon dismissal?

The wording “dismissal by agreement of the parties” in the Labor Code is relatively new. It appeared in 2002, when a huge number of changes were made to the code. At first, employers themselves puzzled over what this reason for dismissal meant.

But time passed and gradually, working with practice, people understood the idea of ​​the legislator and began to apply the wording as needed.

When resigning by agreement of the parties, it is necessary to be guided by certain regulations. The first is, of course, the Labor Code. Not only that dismissal must be the result of the desire of both parties or one party, it is also important that the reason for dismissal does not contradict the law.

If in terms of legislative implementation it is worth referring to the Labor Code, then in terms of registration in the work book, you should first of all look at the provisions prescribed in the instructions for filling out and maintaining work books.

It is also necessary to give credit to local regulations. For example, if the organization’s charter or the employment contract itself excludes the possibility of dismissal by agreement of the parties, which means such an action is impossible a priori.

How to correctly make an entry in the work book?

Before talking about how to correctly make an entry in the work book, which concerns the agreement of the parties, you need to understand what such dismissal is and how it differs so strikingly from voluntary dismissal.

Many employers and personnel officers are scratching their heads over this issue. The workers themselves are also perplexed when they see such a recording, and here’s why.

Workers and employers must reach a consensus on this issue. If the dismissal is made at your own request, this implies the fact that the employee is ready to leave the organization where he worked labor function with readiness, but the employer is not trying to let him go. This means the fact that the employee quits of his own free will, and the employer does not welcome this decision to terminate the employment contract, but according to the code, he simply does not have the right to retain the employee.

If we talk about dismissal by agreement of the parties, then everything is extremely simple - both the employee and the employer are happy and ready to terminate the employment contract right there.

Of course, such a record demonstrates that when the employee left his place of work, no conflicts arose on the part of the employer.

Now let's move directly to how to make an entry in the work book.

The HR employee or employer must obtain employee's work record from a personal matter. Having skipped the main spread, we open the labor one where the form is located.

In the leftmost column we put the serial number of the entry, as well as the date when it was made.

Now in the column where information about job information is indicated, you need to write the reason for dismissal, the name of the organization, and also from what specific position the employee was fired.

Next, in the next column we put the name of the dismissal order. More specifically, it is the local number normative act by organization and the date of its issuance. The order usually informs employees of the fact of dismissal of a particular employee and the reason.

The final touch is the application of the appropriate seal and signature of the employer.

Remember that all entries and notes made in the work book must be clearly readable, that is, made in clear handwriting. Avoid making mistakes, because a work book is an official document.

Record wording

For many personnel department employees, it is still a secret whether the basis such as an agreement of the parties is written correctly on the employment form. And, by the way, how to correctly enter this information into the work book has already been discussed in the relevant paragraphs of the instructions for personnel department employees.

The record must contain information about the name of the organization, the fact of dismissal from a certain position and the reasons. So, for example, a record of dismissal by agreement of the parties may look like this: “Buttercup LLC. Dismissed from the position of programmer by agreement of the parties."

Such an entry is considered correct and it can be used as a template for making similar entries in the work book.

Filling out a work book upon dismissal by agreement of the parties, sample (example) entry:

This is where all the difficulties in entering information into the work book end.

Useful video

You can learn more about the issue of dismissal by agreement of the parties in this video:

Conclusion

Dismissal by agreement of the parties is perhaps one of the most best views dismissals. After all, this means that neither you nor your employer have any claims against each other, and you can calmly search new job, and the employer - a new person for your position.

Don’t be afraid of new formulations; it’s better to find meaningful answers to your question in the legislation and don’t be afraid of changes and innovations.