What is the difference between dismissals of their own free will and by agreement of the parties: which is better? What does dismissal mean by agreement of the parties How is it profitable to leave by agreement of the parties

Hello! Today we'll talk about dismissal by agreement of the parties. Often there are situations in which the employee clearly cannot cope with his job responsibilities... The leader would be glad to dismiss him without starting an open conflict, but does not know how to do it correctly. This will be discussed further.

The essence of the concept of "dismissal by agreement"

Dismissal of an employee by agreement of the parties - a very democratic version of dismissal, moreover, it does not cause a lot of negative emotions in the employee, since the initiative here can belong to both the manager and the employee himself.

Now such a wording is often found, but not all employees understand its meaning, therefore, for now, they prefer the proven interpretation of “fired by on their own».

Clarifications in the TC

By and large, the Labor Code does not specifically touch on or explain this topic. The entire volume of the explanatory article takes only a couple of lines.

In fact, this only means that the terms of such dismissal remain at the discretion of both parties.

Causes

The following reasons are relevant for the employee:

• To avoid dismissal for violations (under article);
• Pressure that can be exerted by a leader;
• Receipt of all payments that are provided for in the employment contract.

This can be beneficial for the employer in the following cases:

• Get rid of the presence of an unnecessary employee (even with the payment of a sum of money);
• If you do not want to follow the entire reduction process;
• Dismiss an employee of the preferential category.

The final point is a direct violation of the law, and if the employee goes to court, he will most likely be reinstated at work.

Usually the manager initiates such a dismissal. But the law does not prohibit an employee from initiating an agreement.

List of conditions for concluding an agreement

The most important item from the entire list is voluntary order. The parties should not force each other to conclude an agreement.

Second important condition — the employer does not have the right to prohibit the dismissal of the employee. He can only work off for two weeks.

If the employee has committed a misdemeanor, or there is a reduction in the staff of the company or enterprise, the employee cannot prevent the manager from dismissing him.

Here is a detailed video on how to fire an employee by agreement of the parties.

Stages of the dismissal procedure

The whole procedure initially begins with the fact that the manager or employee voice their desire to terminate the existing one.

Formatting: simple writing.

1. An employee's statement of dismissal is required by agreement of the parties. In writing, the employer expresses his consent with this statement (acceptable visa "Agreed", "Agree").
2. The agreement is drawn up directly.
3. Changing the agreement after the conclusion is quite difficult. Therefore, it is worthwhile to think over all its conditions in advance.
4. The agreement must indicate the date of dismissal. On this day, the head issues a dismissal order.
5. At the final stage, the employee gets to know him and receives the final payment and the completed work book... Ultimately, the dismissal can be considered complete, and labor Relations discontinued.

Sample agreement

Below is an agreement form, and you can also download and use it as a sample.

• Sample form of termination agreement employment contract

Due payments and compensations

The law does not oblige the employer to pay compensation in this case. At the same time, the parties can discuss this point and include it in the agreement.

As for other payments, they are all identical, as with other forms of termination of an employment contract. The employee must receive:

• Labor remuneration for hours worked;
• Leave compensation if not used.

Important information: The calculation for the quitting employee must be issued on the day the employment contract is terminated. Other payment terms are not allowed, even if the employee does not object to this.

What record will be included in the labor

The dismissal record is entered into the work record book with a link to the general article. The reason for the dismissal is also indicated, while reductions are not allowed.

Errors made by the employer

Often, employers make mistakes when concluding a dismissal agreement with an employee. Those that are most common, we will consider further.

• An attempt to force the employee. In fact, the manager himself can initiate the dismissal;
• An attempt to single-handedly change the terms of an already concluded agreement. To increase the number of days for working off, to try to force to do something about which there is not a word in the agreement. This is a violation of the law and is fraught with a fine if the employee turns to the regulatory authorities;
• Many employers consider the "dismissal of their own free will" and "by agreement of the parties" to be identical. You always need to clarify what the employee means, so that later you do not end up in an unpleasant situation.

Important points of the agreement

• Directly the desire to terminate the employment contract;
• Date of conclusion and number of the contract;
• The date of the employee's dismissal;
• Whether or not there are benefits and compensations;
• Terms of payments and their size;
• The order in which cases will be transferred to another employee.

The agreement can be drawn up in single copy and keep with the employer, but nevertheless it is worth signing it in 2 copies. In the future, this helps to avoid unnecessary disagreements.

Pros for the employee

As with any procedure, there are positive and negative sides to it. Consider the important ones specifically for the employee.

• You can choose the most convenient time for dismissal (for example, without working off);
• The amount of compensation and payments exceeds those that would be made in case of other forms of dismissal (staff reduction);
• If, after dismissal, the employee plans to register with the employment center.

Now let's dwell on the disadvantages of this procedure.

Cons for an employee

• You may or are sick (sick leave issued). Of course, no one is obliged to agree to this. If it is intended to receive compensation for consent, then this is a clear advantage of such a dismissal.

• Trade unions do not control this procedure. The employee himself weighs all the pros and cons and makes sure that his interests are protected;

• The employee alone cannot make changes to the agreement;

• Such dismissal is difficult to challenge in court. Accordingly, the approach to making such a decision must be balanced.

Differences between the two types of dismissal

Let's summarize: Both the employee and the employer choose the type of dismissal individually in order to benefit primarily for themselves.

The selection algorithm is actually simple: you need to carefully study the legislation (on your own or with the help of a specialist), then choose the most beneficial way for yourself, consciously take a decisive step.

Dismissal of privileged categories of employees

In this section, we will consider.

In this case, the legislation allows dismissal if the wording sounds like "agreement of the parties." If the woman's consent is available, the procedure is straightforward. But she also has the full right to refuse, which she notifies the employer in writing. Then the employer does not have legal rights to remove her from work.

Important information: Coercion into an agreement or dismissal without the consent of the employee is illegal!

The Labor Code for pregnant women contains guarantees that protect their interests in the world of work.

Among other things, when the employee receives all the documents, he must sign the following documents:

• In the order of dismissal;
• In the journal for registering the issuance of labor;
• In the personal card entered on him.

Having considered the most important points dismissal procedures by agreement of the parties, it is worth mentioning one important nuance: if an employee agreed to conclude an agreement in order to avoid pressure from management, he may well go to court. And it is quite possible that he will be reinstated.

Then the employer will be obliged to pay not only funds for temporary absenteeism, but it is quite possible to compensate for moral damage. Therefore, first of all, it is worth observing the requirements of the law, this applies to both parties to the agreement.

Like employers, there are often dishonest employees who do not comply with the terms of the agreement. Therefore, it is still worth concluding it in writing and in several copies.

The legislation provides that the parties can terminate the labor contract by negotiating with each other and reaching an agreement. Dismissal by agreement of the parties is allowed to be formalized only if the administration and the employee mutually agree to the conditions set in the agreement. Despite the fact that the procedure is regulated by the Labor Code of the Russian Federation, many of its points are determined judgments.

Since the dismissal of an employee by agreement of the parties implies the achievement of mutual agreement, this method is the least conflicting for the termination of the employment relationship.

Negotiations make it possible to settle most of the arising conflict situations and disputes. It must be remembered that an agreement on dismissal by agreement of the parties will be valid if at the time of drawing up all parties voluntarily agreed to sign it.

Both the employee who has a desire to leave the company and the company administration who made the decision to terminate have the right to start this procedure.

In the first case, the employee sends to personnel service enterprise application for dismissal by agreement of the parties. If the initiative for dismissal comes from the management, then the employee is sent a letter on the letterhead.

Attention! If any of the parties refuses to sign it, then it must be carried out, which implies a mandatory warning to the administration for a certain time, or on the initiative of the employer with payments of various kinds of compensation and the execution of a number of documents.

Current practice shows that dismissal by agreement of the parties is carried out in recent times more often at the initiative of the employer. To convince the employee, they may be offered compensation upon dismissal by agreement of the increased parties and other compensation in favor of the employee.

Dismissal by agreement of the parties - the pros and cons for the employee

This type of termination of a relationship with an employee has a number of positive and negative aspects. Let's consider them in more detail.

Pros for the employee

• An employee wishing to issue a dismissal using this method may, by agreement with the management, not work out the period established by the Labor Code of the Russian Federation.
• The employee does not need to explain at the enterprise the reason why he decided to quit.
• An employee can ask his employer for increased amounts of severance pay and compensation, as well as recommendations, etc.
• Also, dismissal by agreement between the parties gives the guilty employee a chance, with the consent of the administration, to avoid an unwanted mark in his labor.
• Due to the increased compensation, when registering with the employment service, the amount of unemployment benefits will be higher than with traditional ways termination of the contract.

Cons for an employee

• If an employee leaves by agreement, then he cannot change his mind and not terminate the contract, as is possible when applying at his own request. To terminate the dismissal procedure, he must necessarily obtain the consent of the company's administration.
• It is impossible to revise the terms of the agreement after its signing.
• The agreement that has been drawn up cannot be canceled even in the courts.
• The employee independently decides on the issue of his dismissal, the opinions of the trade union body in the company are not taken into account.

Is such dismissal beneficial for the employer

For the employer, this type of dismissal is more profitable, even though it requires additional costs or concessions.

If an undisciplined employee works in the company, then the administration, upon termination of the contract with him, by agreement between the parties, gets the opportunity to part with him without drawing up a number of relevant documents.

In addition, this person will not be able to revise the signed agreement in court and return to the company.

Attention! You can part with an unwanted employee even during periods of being on vacation or on sick leave, which cannot be done when the company initiates this procedure.

Another side that has positive aspects for the employer is that when dismissing the parties, it is possible to agree with the employee that he will help find a replacement person with relevant experience or experience, or will conduct his training.

Thus, the process of work will not stop for a long time.

Dismissal by agreement of the parties or of their own free will, which is better

When deciding to terminate the employment relationship between the firm and its employee, each party has the right to choose how to do this. Before starting this process, you need to weigh all the positive and negative sides of each of the methods, as well as correctly navigate in the current situation, determining the goals of dismissal.

After the document is completely filled out, it must be registered in the order log and submitted to the head of the company for signature.

Step 3. Familiarization of the employee with the order to dismiss

After the order is drawn up and signed by the head, the form must be handed over to the quitting employee for review and signature. Thus, he confirms the fact of reading the document. Signature and date are put in specially designated columns.

If the employee cannot familiarize himself with the order, or he refuses to put his signature on it, it is necessary to draw up an act on this event. In the presence of witnesses, a document is drawn up, the details of which must then be indicated on the order in the field intended for signature.

An employee can receive a copy of the termination order, but for this he must submit a request in writing. The employer is not entitled to refuse such a request and must hand over a copy within three days.

Step 4. Making the necessary entry in the personal card

Attention! In the event that the employee refuses to sign the card, an act about this is drawn up in the presence of the commission. In the future, these documents are stored together in the archive.

Step 5. Entering information in the work book

When termination is based labor contract lies the concluded agreement of the parties, the entry in the labor must include a link to article 77 of the Labor Code of the Russian Federation: “Dismissed by agreement of the parties, paragraph 1 of the first part of Article 77 Labor Code Russian Federation» .

The entry must be made only on the basis of the existing order of dismissal. Information about him must also be reflected in the labor in the last column.

The entry made is certified by a personnel officer, manager, or an employee whose duties include the performance of such work. According to the new rules, it is no longer necessary to put a seal imprint. The employee must familiarize himself with the finished record, and in confirmation of this, put his signature.

Step 7. Issuance of payroll calculation

On the day that is the last for an employee in this company, he needs to hand over all due cash.

These include:

• Payment for the last month of work;
• Severance pay upon dismissal by agreement of the parties. Also, additional payments can be determined by labor or by internal regulations.

Sometimes on the final day there is no way to give the calculation to the hands of the resigning person. Most often this happens due to the fact that he is absent from the workplace on that day due to illness or other good reason. In such a situation, the money must be kept at the enterprise, and they are issued the next day after former employee will declare its readiness to receive settlement.

In addition to cash, settlement can be transferred to a salary card or bank account. In these circumstances, the date of transfer may be carried over to the next banking day.

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Important! If, for any reason, a dispute arises between the employee and the employer about the amount of amounts to be paid, then on the specified date only the part that is not disputed by both parties must be issued. The remaining amount is being negotiated, or one of the parties must start legal proceedings.

If, before quitting, the employee decides to use the available vacation days, then he will not be compensated for them. However, it should be remembered that it is the employer's goodwill and not an obligation to provide such a rest period.

Step 8. Preparation and issuance of documents that need to be drawn up upon termination of the contract

After the termination of the employment contract has occurred and the calculation is listed, the former employer is obliged to prepare and hand over some mandatory documents:

• Employee's work record book. Into it personnel worker enter information about the dismissal and hands over the document to the leaving employee on the last day.

The employee needs to make a signature under the record in the labor book, as well as confirm its receipt by marking it in a special register of labor books at the enterprise. If a situation arises that an employee cannot pick up a labor on the last day, for example, he went on a business trip, got sick, or for some reason simply refuses to do it, the personnel officer needs to draw up a notice.

It must be informed about the need to come up to get a labor, or give your consent to send the document by mail or courier service. From the moment such a message is sent to a dismissed employee, the organization is relieved of responsibility for not issuing labor in due time.

• , which was charged to the employee for the previous two years and the year of dismissal. It will be needed to calculate the sick leave in the new place. The certificate is drawn up on a special form.
• for each year of work in the company.
• On the right about the assessed and transferred contributions to the Pension Fund. The document is drawn up on a special form developed in the fund.
• Copies of internal forms related to the activities of the dismissed employee. These can be orders, rewards, gratitude, etc. They can be issued upon written request within 3 days. The organization has no right to refuse to issue copies of documents.
• Help about average salary for the employment service. The document must be issued within three days from the submission of the request. There is a special form, but organizations may not use it, but issue the certificate arbitrarily.

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Important! For failure to issue a new certificate from SZV-STAZH, an employee in the hands of the company faces a fine of up to 50 thousand rubles.

Step 9. Submission of information about dismissal to the military registration and enlistment office (if necessary)

According to the current law, if an employee liable for military service is dismissed from an organization, the company must report this fact to the regional office of the military enlistment office. This must be done within two weeks from the dismissal. There is a special form for notification, which is put into effect by the rules for maintaining military records at enterprises.

One of the reasons for terminating an employment contract between an employee and an employer is agreement of the parties, regulated by Art. and the Labor Code of the Russian Federation. The content of these articles of the Labor Code of the Russian Federation assumes that the participants in labor relations at a certain moment of cooperation come to the conclusion that it is necessary to terminate it before the official end of the term of work.

Termination with this wording is possible only if both parties to the employment relationship equally agree with this and have no claims against each other.

In principle, the existence of the articles under consideration allows the employee not to wait for dismissal or the end of the employment contract, but to leave when he needs to, having previously discussed his departure with the employer. In what exact form - written or oral - the dialogue will take place in the Labor Code of the Russian Federation not indicated.

Most employers and workers prefer writing as it makes it easier to sign the termination order. The employer will have a confirmed written agreement to compile one.

How the parties agree: registration

How the employer and the employee should behave so that the dismissal procedure can be interpreted as an agreement:

• cases of coercion to dismiss verbally should be excluded;
• exclusion is subject to the departure of an employee from his position on personal initiative.

Items listed do not fit under the concept of "consent of the parties." If the employment relationship is planned to be terminated precisely with this wording, then the employee or employer must take the initiative and come up with an appropriate proposal.

On the basis of a verbal agreement, they must draw up written agreement, reflecting the desire to terminate the employment contract, which will be the guarantee of good faith.

A simple statement from the employee to the employer will be not enough... This document is assigned registration number, the details of which are subsequently indicated in the order of dismissal.

This document must be strictly dated, contain the exact date dismissal, the conditions on which it will be carried out, and the reasons. If desired, the reasons for dismissal can be discussed orally; it is not necessary to include them in the agreement.

The consent of the parties, expressed in the form of a written document, allows you to protect the rights of all participants in the employment relationship. Unfortunately, not everyone uses it, some entrepreneurs prefer to impose on the application resolution, which is also quite legal, but the fact of dismissal of an employee by agreement of the parties may be questioned.

Required documents

As soon as the parties to the employment relationship sign an agreement to terminate the employment contract, a corresponding order... The order form is unified. Without fail, the employee is introduced to this document, who, if he is satisfied with everything in it, puts his signature.

List of documents, the presence of which is necessary for the dismissal of an employee:

• letter of resignation;
• agreement on termination of the employment contract;
• dismissal order;
• employment history;
• settlement note;
• personal employee card.

After receiving the employee's signature, the employer makes an entry in the work book and writes out a settlement note, which indicates all the payments due to the employee, including wages, payments for unused vacation, time off, and the like.

The last record of the dismissal is made in the employee's personal card... This record is provided to the employee for review, the information must be confirmed by his personal signature.

On the last working day, the employee is issued documents confirming his employment at this enterprise. According to Art. 4.1 No. 255-ФЗ dated December 29, 2006, the employee is required to provide information on earnings in the last two years before the year of dismissal.

Simultaneously with the signing of the dismissal order, an entry is made in the work book. The information is provided with reference to clause 1. h. 1. art. 77 of the Labor Code of the Russian Federation. The work book is issued in last working day, after receiving the employee's signature in the personal card and the book for registering the movement of work books, as well as an insert.

This procedure allows control the number of work books of one citizen... The information contained in the work book, which makes it possible to judge that the employment contract has been terminated by agreement of the parties, is certified by the personal signature of the employee who is responsible for the correct keeping of the work books, the employer's seal and the signature of the employee himself.

In the absence of at least one of these signatures, the dismissal of the employee may be questioned and challenged in court.

The procedure for issuing payments to an employee

If the employee is dismissed by agreement of the parties, no special payments, with the exception of wages and compensation for unused vacation days, his not allowed... As an exception, it is possible to pay compensation for untimely termination of an employment contract, but only if it is in it was registered in advance.

The listed payments are issued in full on the day of termination of the employment contract or on the last day of the employee's stay at the workplace. If payments are delayed for unknown reasons, it makes sense to contact trade union organization or the court.

In most cases, it is enough just one appeal addressed to the director of the organization with notification of the decision to go to court. Attitude towards employees - business card enterprises, therefore you should not be afraid of fighting for your rights. Not a single employer has a desire to spoil the reputation of the enterprise, therefore, upon receipt of such a notification, the due payments will most likely be paid.

The new procedure for accounting for expenses and taxation upon dismissal by agreement of the parties is presented in the video.

Pros and cons for employee and employer

Any dismissal, regardless of the wording used, has its pros and cons. Dismissal by agreement of the parties is no exception in this regard.

So, an employee who quit his job of his own free will retains his seniority. over the next three weeks... An employee who quit by agreement of the parties is also recorded at least one month of work experience.

When applying to the labor exchange, a citizen who quit by agreement of the parties has more advantages than one who left on his own initiative. The allowance for such citizens is paid in a larger amount and for a longer time. At the same time, an employee dismissed by agreement of the parties does not have the right to count on the help of a trade union organization.

The employer is not obliged to coordinate the dismissal with either the trade union or the state labor inspectorate when it comes to dismissing a minor employee. In the latter case, the dismissal occurs in the usual way, the reasons for dismissal may be silent, but the minor turns out to be in a better position rather than upon dismissal through the intervention of a supervisory authority.

If the employment contract does not contain conditions guaranteeing the employee compensation for its untimely termination, the employee will not receive anything other than the money earned in the previous period.

If the situation is conflicting and the employee refuses to resign of his own free will, termination of the employment contract by agreement of the parties is the most acceptable form of parting protecting each of the parties from possible claims in the present and in the future.

In this case, it is possible to prescribe in the agreement of the parties the conditions on which the employee agrees to resign from his position.

Dismissal of the director

An employment contract with the director of the organization can be terminated by decision of the authorized bodies legal entity or the owner of the organization's property, as well as due to unfavorable circumstances.

The director of the enterprise is supposed to payment of compensation, the amount of which is determined by the terms of the employment contract and is three average monthly earnings... This type of compensation is mandatory, regardless of what wording was used upon dismissal.

Leaving work of a pregnant woman

A pregnant woman by definition can't be fired from work... The exception is situations when a pregnant woman independently decides to dismiss. In this case, there are no restrictions.

The only thing that is necessary is to protect the employer from subsequent claims, which happens during the conclusion of the dismissal agreement.

An employee who is on sick leave should be fired it is forbidden... Exceptions are cases where the employee is unable to continue. labor activity for health reasons, since he does not leave the sick-list for several months in a row and even a year.

In this case, the sick leave, written out and closed before the end of the employment contract, must be paid in full... If this did not happen or the dismissal took place without signing the accompanying documents, it can be challenged when leaving the sick leave.

Dismissal of the chief accountant

Dismissal of an accountant by agreement of the parties possible at any time, even if the employment contract has not yet been completed. In this case, an employee holding the position of an accountant may be on probationary period, which in this case can last from 3 to 6 months.

Before dismissal, the chief accountant is obliged to complete all the required procedures and transfer cases to a competent person. Agreement of the parties is the most convenient form of dismissal of an accountant, since it completely excludes the possibility of any claims from both the employer and the employee.

Conclusion

So, the Labor Code of the Russian Federation allows such a form of dismissal of workers as dismissal by agreement of the parties. It can be used at any time, regardless of the expiration date of the employment contract, the position held and the position of the employee.

Dismissal by agreement of the parties has a lot positive sides , first of all, for the employee because it allows you to count on good performance and the ability to find a new job without any problems.

Thus, an employee dismissed at the initiative of the employer or of his own free will, in the eyes of the state, is less protected than the one who was dismissed in the course of drawing up an agreement between the parties. When planning a layoff, it is best to choose this particular form.

Additional information on this type dismissal is presented in the video clip.

Along with the usual options for dismissing an employee, there is dismissal by agreement of the parties. This option arises quite often and is one of the democratic options for the development of the situation, moreover, it is not shameful for the employee. Let's analyze the advantages and disadvantages of this option, what compensation is due to the employee and what documents are drawn up in this case.

The departure of an employee from the company by agreement of the parties is an alternative and sometimes the best option dismissal, is used along with others, for example, with such as, but the semantic load is somewhat different. For comparison, in the first case, the basis will be a mutual agreement between the employee and the employer, and in the second, the desire of the employee himself.

The initiator of such actions can be both the employer and the employee himself, they part by some mutual agreement, which is regulated by Article 78 of the Labor Code. Note that the employment relationship can be terminated at any time, by agreement. According to the labor code, it follows that additions to the contract are made in 2 copies, in the same way an agreement on dismissal should be drawn up.

And although the labor code does not require a specific form of such an agreement and does not even undertake to do it, it is still strongly recommended that it be drawn up in order to close all questions with the employee and have documentary evidence signed by both parties to the process.

Dismissal by agreement of the parties is initiated by mutual agreement of the parties when drawing up a list of conditions.

In addition, this measure can be aimed at settling a conflict between the parties, for example, if an employee refuses to quit and takes some offensive actions. Of course, not everyone will be interested in suddenly leaving workplace according to the speculation of the employer, who may have his own thoughts on reducing such a job or replacing it with a new candidate.

Attention! In this case, there is one feature - the dismissal of an employee who is on maternity leave or during pregnancy is allowed, which in other cases is strictly prohibited.

The worker is the initiator

If the employee expressed such a desire, then he must do the following:

• Write a letter of resignation addressed to the manager with the wording by agreement of the parties: "I ask you to dismiss me or terminate the employment contract from the required date by agreement of the parties" and then describe your requirements

The employee should think over the conditions in advance and it is possible to use the services of a lawyer when drawing up such a requirement.

The employer is the initiator

If the employer initiates such a process, he must do the following:

• Write a letter to the employee in which to express your intentions
• Indicate the reason for dismissal
• Estimated date of termination of employment

If the employee does not agree with the conditions set, then he can write a response letter indicating his terms of termination of employment. But it is better and faster to resolve these issues "at the negotiating table" based on their results, it is necessary to draw up a document reflecting the agreements of the parties.

The Labor Code does not require a specific form of such an agreement, therefore it can be drawn up in any form that it can contain:

• Indicating in it information about the mutual agreement of the parties, for this, include the wording that it was signed voluntarily, without any coercive measures
• Details of the current employment contract
• The date of termination of employment, which will be the last day of the employee's work, must be agreed by both parties
• The conditions are also stipulated, including of a financial nature, if any, with an indication of the amount of compensation. Divide the amount of "compensation" from the standard amounts of compensation upon dismissal
• Other essential conditions
• Signatures of the parties to the negotiations

Advantages and disadvantages of terminating a contract by agreement of the parties in 2019

Benefit from dismissal by agreement

The advantages are:

• The initiative to terminate an employment contract can come from both the employer and the employee.
• Not required to indicate the reason for dismissal
• There are no deadlines for filing an application, as, say, upon dismissal of his own free will, when the employee is obliged to notify the employer two weeks in advance, including the need for working off, depending on the agreements reached
• You can terminate the employment relationship while passing the probationary period
• Agree on certain conditions (terms, severance pay, etc.)
• You can agree, including verbally
• Such a record does not spoil the employee's work book.
• An employee with this wording has another month of continuous work experience
• The amount of the unemployment benefit in this case is higher

Domestic legislation does not disclose this concept in any way and does not establish any rules for dismissal by agreement of the parties, but companies with foreign management approach this issue with caution. The reason is that Western partners use the wording "termination of an employment contract by mutual consent" in the case when it is impossible to part with a person in an amicable way.

Sometimes the employee's position is strong, and there is nothing to dismiss him for. It also happens that it is no longer possible to work together, but no one wants to leave either. And sometimes it happens that an employee has something to fire for, but he knows so much that his departure will do more harm than if he remains. In such situations, you have to negotiate. But the procedure for dismissal by agreement of the parties is usually confidential, since neither the employee nor the employer is interested in disclosing the true reasons for the breakdown.

Procedure for terminating the contract

Step 1. Deciding whether to stop working

First, the employee and the administration agree on the upcoming breakup. What is dismissal by agreement of the parties at the initiative of the employer in this case? This is a situation when the management suggests the employee to leave, taking into account the agreements. Such an offer from the employer is not prohibited, and it does not even matter who initiates the termination of the relationship.

It is important to have an agreement, which we recommend to fix in writing. If the initiator is an employee, he writes a statement (its form is not defined, it is written in free form). If the initiator is the administration, first they agree with the employee orally, then this agreement is documented. We recommend that you stipulate all the points at once, up to what is paid upon dismissal by agreement of the parties, by what date it is planned to release the employee.

Step 2. Preparation of documents for subsequent care

The next step is drawing up a normative act, the so-called agreement. It has a free form and is issued separately. This is not an addition to the employment contract, it is a separate document.

It indicates:

• personal data of the employee and the administration employee who is authorized to conclude such acts, the name of the legal acts on the basis of which they operate;
• terms of termination (this section provides for dismissal without working off by agreement of the parties);
• terms of termination of the contract (the person and the administration have the right to agree that the employment contract expires the next day, or they may decide that the employee works for another month);
• financial component: in addition to mandatory payments upon termination of working relations for hours worked and unused holidays, people sometimes agree on compensation. But here the features of dismissal by agreement of the parties depend on the capabilities of the organization and the needs of the outgoing person, and the law does not regulate the amount of compensation payment;
• signature and seal of the organization (if applicable).

This local bilateral act does not indicate the reasons for the termination of the contract. This is an additional contract by analogy with the labor contract, only in the reverse order.

For review, we offer a sample, where the conditions for the departure of an employee are spelled out:

St. Petersburg

Limited Liability Company "Pion", hereinafter referred to as the "Employer", represented by general director Voronov Andrey Viktorovich, acting on the basis of the Charter, on the one hand, and the head of the personnel department Ivanov Ivan Ivanovich, hereinafter referred to as "Worker", on the other hand, together referred to as the "Parties", have entered into this agreement as follows.

The parties agreed to terminate the employment contract dated May 30, 2018 No. 56 on the following conditions:

1. The employment contract is terminated on February 3, 2020 by agreement of the Parties in accordance with clause 1 of part 1 Art. 77 of the Labor Code of the Russian Federation.
2. The Employer undertakes, in addition to the calculation upon dismissal, to pay the Employee a severance pay in the amount of two average monthly earnings in connection with the termination of the employment contract by agreement of the Parties.
3. At the time of signing this agreement, the Parties confirm that they have no claims to each other.
4. The Agreement is made in two copies of equal legal force, one copy for each of the Parties.

A copy of the agreement was received by: Ivanov I. I. Ivanov

If people agree, they sign the document and submit it to the accounting department to prepare the final settlement.

Step 3. Payments between the employee and the organization

The next practical step is how to formalize the dismissal by agreement of the parties. Upon receipt of the documents, the staff prepares an order to terminate the contract, and the accounting department prepares an order to pay the due amounts.

All funds are transferred on the last working day of the departing person. If compensation payments are provided for by a local regulatory act of the organization, there is no need to prepare additional papers.

Step 4. Issuance of documents on the day of termination of employment

On the last working day, personnel officers give the resigning work book and a number of other documents.

Sample entry in the work book

Brief summary

The procedure for dismissing an employee by agreement of the parties is simple, but it is important for the employer to collect a complete package of documents:

• employee statement;
• a written and personally signed agreement to terminate the relationship between the employee and the employer;
• an order to terminate a working relationship;
• the presence of marks on the issuance of the necessary papers to the dismissed employee.

For this reason, the employee, in the presence of a compromise with the employer, has the right to leave at any time - this is written in article 78 of the Labor Code of the Russian Federation and confirmed by paragraph 20 of the resolution of the plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

And although this procedure for terminating relations for the employee and the employer has advantages (it is possible to agree on any conditions and fix them in writing), it also has disadvantages. The employee should be prepared for the fact that, upon subsequent employment, they will begin to ask him uncomfortable questions, including for what specific reason he decided to leave his former employer. What to answer, you have to think carefully.