Termination employment contract by agreement of the parties requires a careful approach: a procedural error or an incorrectly executed document can lead the employer to court. Step by step instructions and a sample order can be found in the article.

In the article:

Download useful document:

When is termination of a contract by mutual consent allowed?

To formalize the termination and amendment of an employment contract by agreement of the parties, no special reasons are needed. It is enough to draw up a document confirming the will of the parties. This scenario is acceptable even in situations where unilateral dismissal is simply impossible or difficult to implement - for example, if you need to end a relationship with an employee who is on vacation or sick leave, a parent with many children, a pregnant woman or a teenager.

But not only the employer benefits from this scenario. Since the law does not require specifying real reasons termination of the contract by agreement of the parties, the employee’s reputation will not suffer, unlike dismissal "under article".

Risks

Dismissal by agreement - the most peaceful way to part with a problematic employee who is facing dismissal for violation of discipline or inadequacy for the position held. For example, if a teacher does not meet professional development requirements teaching staff. The risk of litigation is minimal if all documents are drawn up correctly.

GPC agreement

How does dismissal by mutual consent occur (sample + step-by-step instructions)

The initiative can come from both the employee and the employer. The proposal is made in writing and transmitted to the other party, who has the right to accept it or refuse it. If both parties are ready to terminate the contract, you can move on to the next stage.

The procedure for terminating the contract by agreement of the parties

1. Enter into a written agreement. Specify the terms of termination of the contract, write down all the conditions. If the company plans to pay the employee monetary compensation, indicate the exact amount of the payment. Read more in the magazine "Personnel Affairs":
2. Confirm the agreement with the signatures of the parties. Make sure the employee signs the employer's copy.
3. Issue an order to terminate the contract. Correctly indicate the basis for dismissal: “by agreement of the parties” with reference to paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation. Please provide the details of the agreement below. Compose your own sample or download it from the Personnel System: Sample order for termination of an employment contract by agreement of the parties
4. Issue a personal card and work book. Make entries in strict accordance with the wording of the order, and refer to it when filling out column 4 of the work book.
5. Pay the employee. Pay your salary and that's it due compensation in full. Even if the amount is large, it must be paid in full on the day of settlement - the law does not provide for installments. Give it to the employee work book, extract from forms SZV-M and other work-related documents.

How to formalize a refusal to terminate a contract by agreement of the parties

It is impossible to refuse to terminate the contract unilaterally. But you can cancel earlier decision by mutual consent, acting in the same way as in amendments to the employment contract(Article 72 of the Labor Code of the Russian Federation).

Draw up another written agreement in free form, indicating the details of the parties, as well as the date and number of the document being canceled. Indicate that the employee and employer have reached a mutual agreement, enter the current date, print out the agreement in two copies and certify each with the signatures of the parties. The employee must sign for his copy on a form that remains with the company.

Attention! If the employee who signed the agreement found out about her pregnancy and asked to cancel it, it is better to meet her halfway. Pregnant woman has every chance of being reinstated through the courts.

The employment relationship with an employee who is ready to negotiate can be terminated by agreement of the parties - quickly and without unnecessary risk. Draw up the agreement in free form, avoiding vague language, and be sure to hand over one copy to the employee. The document can be canceled only by mutual decision of the parties, unless we are talking about the employee’s pregnancy.

When an employee leaves his position, it is necessary to make an entry in the work book about the dismissal by agreement of the parties mandatory. The absence of this mark indicates that the dismissal did not occur officially, and the employee continues to be on the company’s staff.

What does mutual consent to dismissal mean?

As a rule, when terminating an employment relationship, an employee writes a letter of resignation from the organization. at will or by agreement of the two parties. The name of the second option speaks for itself: the employer and employee mutually agree to end the cooperation. Both participants in legal relations derive some benefits from this method of dismissal: the employee is awarded compensation in cash equivalent, the employer is given the opportunity to say goodbye to this employee as quickly as possible.

In Art. No. 77 Part 1 of the Labor Code of the Russian Federation states that upon dismissal by mutual consent of the employer and subordinate, the employee is obliged to write a statement. Next, an additional agreement is drawn up, in which it is necessary to specify in detail the exact date contract cancellation and amount monetary compensation

Sample agreement to terminate an employment contract

A note in the work book (form) indicates that the employee paid off his position not due to conflict situation. The work book, personal card, copy of the order and income certificate are issued to the employee on the last day of work.

How to make an entry correctly?

Each officially employed employee has a personal file and a work book, which are stored in the personnel department. When an employee is dismissed, a HR specialist or the employer himself makes an entry in his employment record in the following sequence:

• in the left column of the form indicates the number and actual date of the entry;
• in the right column opposite the number and date, makes a record of dismissal by agreement of the parties;
• below, after previous entry, writes the name and number of the order that the employer is obliged to issue before the date of dismissal, since the employee must familiarize himself with its regulations;
• then the employer certifies the mark with a signature and seal so that the record itself remains legible.

All entries made in the work book must be readable, written in neat handwriting and not have any corrections. If an error is made when completing an entry, it will be completed again.

An entry about dismissal by mutual consent of the employer and employee should be made in the work book on the last working day, since unilateral reinstatement workplace in this case it is impossible - this requires the consent of both the boss and the subordinate.

How to formulate an entry correctly?

Most HR specialists do not know whether there is a standard template for a notice of dismissal by mutual consent between a superior and a subordinate. The manual for registering work records states that the following information must be included in the notice of dismissal:

• name of the institution;
• employee's position;
• reason for cancellation of the employment contract;
• article of the Labor Code, based on which the dismissal is carried out.

An example of an incorrectly formatted entry:

LLC "Zima" Dismissed from the position of head of the department by agreement of the parties.

This entry does not indicate the article of the Labor Code of the Russian Federation, based on which the employee is dismissed, and the reason for termination of the contract. This wording of the entry does not give it legal force. These requirements are specified in Labor Code Article No. 84.

Considering that the employment contract will be canceled based on Article No. 77, paragraph 1, the notice of dismissal must contain the following:

LLC "Zima" On the basis of Article No. 77, Part 1, Clause 1 of the Labor Code of the Russian Federation, he was dismissed by agreement of the parties. Order No. 13 dated March 16, 2018 (indicated in the far right column).

List of documents that an employee will receive upon dismissal:

• form (work book);
• income certificate;
• duplicate order;
• private bussiness.

In order for all notes in the work book to have legal force, they must be signed by the employee himself.

Common mistakes when making entries in the work book

A work book (form) is a document containing official information, on the basis of which, once the employee reaches retirement age, insurance payments will be calculated, therefore making mistakes when filling out this document is unacceptable. However, there is such a thing as the “human factor” and quite often HR department employees make mistakes such as: incorrectly recording the employee’s full name, the name of the institution (organization), the date of hiring or dismissal. What should personnel officers do in such a situation?

Incorrectly recorded data can be corrected, but only by employees of the organization where the error was made, since the new boss will have the right to make his entries only after receiving official documents from the previous place of work.

Crossing out incorrectly recorded information is only permissible title page, in all other cases it is prohibited. Therefore, after an incorrect entry, it is necessary to indicate that entry No. 13 (for example) is invalid, and duplicate the mark without errors.

Another mistake often made by HR specialists is making entries in the wrong section of the work book. This happens when the pages in the “Employment Data” section run out. This blunder can cause a lot of problems for the employee at a new job and negatively affect the amount of pension payments in the future.

In this case, on last page An additional insert should be sewn into the form and a note of dismissal should be made on it. Each insert must have a series and number.

In accordance with Articles 67 and 72 of the Labor Code of the Russian Federation, an entry is made in the Labor Code on the basis of an employment contract (EA) concluded at the time of employment. That is, when hiring a specialist, you will initially reach an agreement that he will become your employee voluntarily, without coercion on your part.

There are no exceptions in this sense. And when terminating industrial relations, the same relaxed interaction should develop between you.

The designated articles of the Labor Code of the Russian Federation state that any changes to the relations established on the basis of TD, based on the good will of the parties, are formalized by the appropriate written certificate. Agreement is a written document stating that agreement has been reached on the cancellation of the TD.

Based Article 78 of the Labor Code of the Russian Federation in this situation, termination labor relations can be carried out at any convenient time, unhindered and without complications of a legal or other nature. Mutually conditioned desire is a sufficient reason for stopping inappropriate actions.

Direct entry is made based on clause 1 part 1 art. 77 Labor Code of the Russian Federation.

The paperwork procedure provides for the formation of documentation flow according to routine, with the implementation of rules and regulatory standards. The entry you made in the TC will receive legal force, by observing the basic provisions of the organizational plan:

1. The agreement to terminate the TD is drawn up in the form of a document, signed and sealed by the organization.
2. It is based on the provisions, clauses and subclauses of the TD. There are no special requirements for it, but attention should be paid to what may subsequently become the cause of conflict. These points must be foreseen.
3. The agreement must include all the fragments of activity accompanying the dismissal, including mutual settlements.
4. Based on the agreement drawn up, a dismissal order is drawn up. The employer is required to sign it.
5. The order must be issued (registered).
6. The person leaving must be familiarized with it against signature 3 days before receiving the Labor Code or earlier.
7. Based on an order completed in accordance with all the rules, an entry is made into the labor record.
8. When issuing the document in hand, it is entered, which must be stitched and with numbered sheets. How to flash a work record book - read.

If the sequences are not followed or the preliminary documentation is not properly completed, the entry you made in the employee’s work book may be declared invalid, which will entail certain difficulties for both parties. Regulated by law and.

After the procedure for drawing up an agreement and correctly preparing an order, you have the opportunity to make an entry in the Labor Code. Take this process carefully and carefully double-check all your initial information.

When entering, open TC on the page where the last available entry was made. It is likely that you made this entry at the moment when cooperation with the resigning employee began.

Pay attention to the first column, where the next serial number is entered. Accordingly, below you will put the number under which your entry about the cancellation of the TD will appear.

Check that the beginning of its application does not stray from the line you have chosen., the entry must be made exactly. Each column is filled in from the beginning of the same line.

Next, in the second column, enter the date of dismissal of your employee. It includes: date, month, year. An entry in the TC can be made not on the day of issue, but in advance. Please note that the date will correspond to the day of dismissal, and not the entry made.

The basis of production is entering all information about working life persons, makes up the third column. It includes all data on labor movements, as well as the reasons accompanying them. All of them should look standard and reflect the requirements of legal regulations.

The dismissal phrase must be constructed concisely, correctly, based on regulatory framework and when using regulated terms and expressions.

The phrase you literally wrote will be almost word for word: “The employment contract was terminated by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation.”

Without changing the column, here, but just below, provide information about yourself as the person responsible for making entries in the Labor Code (position, surname, initials). In the fourth column, the order on the basis of which the procedure was carried out is entered. It should contain information:

• publication dates,
• serial number.

Conclusion

The indicated method of resolving the issue when interaction in industrial relations did not work out for one reason or another can be called fundamentally effective. Moreover, it has undeniable advantages in comparison with other forms of TD termination.

Experts in the field of labor law universally recommend reaching an agreement in any, even the most difficult situations.

Dismissal by agreement of the parties is an independent basis for dismissal, which requires the consent of the parties to the employment contract, drawn up in writing.

An entry in the work book is made on the basis of the employer’s order to terminate the employment contract, but not the agreement itself.

Dismissal procedure by agreement of the parties

The parties to the employment contract must reach such an agreement mutually. Usually one party initiates, and the other agrees with such a proposal.

The expression of will of the parties is formalized in writing: an additional agreement is drawn up to the employment contract on its termination by agreement of the parties.

The law does not impose any requirements on this document, so it can include any conditions that the parties have agreed on:

• on the timing of termination of the employment contract;
• on payment of monetary compensation to the employee;
• about the amount of compensation, if it is not determined in advance by the employment contract itself or local act organizations;
• other conditions (on official housing, payment for relocation, payment of an annual bonus, etc.).

Such an agreement, signed by the parties, is the basis for the employer to issue an order to dismiss the employee (termination/termination of the employment contract).

It is impossible to cancel your consent to such dismissal unilaterally; you will need to mutual agreement parties to cancel the concluded agreement.

Otherwise, the dismissal procedure by agreement of the parties is fully consistent general rules, established by Art. 84.1 Labor Code of the Russian Federation.

Making an entry in the work book about dismissal by agreement of the parties

Making an entry in the work book like “dismiss by agreement of the parties” will be incorrect.

Part 5 art. 84.1 of the Labor Code of the Russian Federation prescribes making entries in the work book in strict accordance with the wording of the legislation and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation.

Termination of an employment contract by agreement of the parties is provided for in clause 1, part 1, art. 77 Labor Code of the Russian Federation; therefore, the work book must contain a reference to it.

Here are examples of correct entries in column 3 of the work book of an employee resigning by agreement of the parties:

“The employment contract was terminated by agreement of the parties, Labor Code Russian Federation»

“The employment contract was terminated by agreement of the parties, the Labor Code of the Russian Federation”

There will be no mistake in recording “Dismissed by agreement of the parties, Labor Code of the Russian Federation.”

As you can see, the wording “employment contract terminated”, “employment contract terminated” and “dismissed” are identical (which is confirmed, among other things, by the unified form of dismissal order No. T-8, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/04/2004 ).