Grounds for termination of an employment contract. In what cases is an employment contract terminated: grounds and requirements Termination of an employment contract due to violation of the rules for concluding an employment contract

Chapter 17 of the Labor Code of the Russian Federation specifies the grounds on which an employment contract can be terminated.

Such grounds include:

The employee has the right to take the initiative to terminate the employment relationship. In this case, he must notify the employer 2 weeks in advance, and during the probationary period 3 days in advance.
But there are exceptions to the rule when an employee can quit on the same day. This is stated in Art. 80 Labor Code of the Russian Federation.

The employer also has the right to terminate the employment contract on his own initiative. The reasons for this are given in Art. 81 Labor Code of the Russian Federation. With such termination of the contract, the trade union body must conduct checks on the legality of termination, provided that there is a trade union at the given enterprise;

If two employers have entered into an agreement between themselves on the transfer of an employee, then the employment contract at the “old” place of work is terminated, and at the “new” place a new one is concluded.
A transfer to another employer is possible only with the written consent of the employee himself. The initiator of such a transfer can be either the employee himself or the employer.
If the owner of the enterprise has changed, the employee has the right to refuse to continue employment relations with him.
This is grounds for termination of the employment contract.

Reorganization of the enterprise, as well as a change of jurisdiction, may cause the employee to refuse to continue the employment relationship;

The employer has the right to change the employment contract unilaterally if the organizational or technological working conditions at the enterprise have changed. An employee’s refusal to work under new conditions may also be a reason for termination of employment relations and termination of the employment contract;

Workers in some positions are required to undergo a medical examination. The conclusion after such an examination is permission to continue working.
If for any reason an employee does not pass a medical examination, the employer is obliged to offer him another position that corresponds to the employee’s qualifications. The employee’s refusal to transfer is grounds for termination of the employment contract;

Refusal of the employee to move with the employer;

Circumstances that do not depend in any way on the will of the parties. For example, placing an employee or employer in custody or sentencing him to imprisonment.

The general grounds for termination of employment contracts are indicated in Art. 77 Labor Code of the Russian Federation. We have already touched on some of them above.

The general reasons are:

1. Agreement of the parties.

As follows from Art. 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time by agreement of its parties. It is important not only the desire of the parties to terminate the relationship, but also the agreement on the time (period, date) of termination of the contract.

Article 79 of the Labor Code of the Russian Federation imposes the obligation on the employer to warn the employee about the termination of a fixed-term employment contract in writing at least three days before dismissal, otherwise the fixed-term employment contract is transformed into an employment contract concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).

Also in Art. 79 of the Labor Code of the Russian Federation defines the moments of termination of certain fixed-term employment contracts. Thus, when concluding an employment contract for the duration of a specific job, for the duration of the duties of an absent employee, for the duration of seasonal work, such contracts are terminated accordingly: at the end of the work stipulated by the contract, with the replacement employee returning to work, at the end of the season.

In all cases, the employer must warn the employee and issue a corresponding written order, which is delivered to the employee against signature.

3. Termination of an employment contract at the initiative of the employee.

The contract is terminated at the employee’s own request (Article 80 of the Labor Code of the Russian Federation). In this case, the employee must notify the employer in writing of his desire to terminate the employment relationship at least two weeks in advance. A different period may be fixed by agreement of the parties or specified in the law (for example, the manager must notify the employer at least a month in advance - Article 280 of the Labor Code of the Russian Federation). And if an employment contract is concluded with an employee for a period of up to two months or with a seasonal worker, then the employer is notified of the early termination of the employment contract three calendar days in advance (Articles 292, 296 of the Labor Code of the Russian Federation).

If, after submitting a notice of dismissal, an employee changes his decision, he has the right to withdraw his notice at any time before the expiration of the notice period for dismissal. This is always possible, except for the situation when another employee is invited in writing to replace the resigning employee, who, in accordance with Art. 64 of the Labor Code of the Russian Federation or other federal laws cannot be refused to conclude an employment contract.

4. Termination of an employment contract at the initiative of the employer.

This paragraph does not apply independently and refers to Art. 81, which outlines the grounds for termination of the contract at the initiative of the employer. We will consider these reasons further.

In accordance with Art. 61 of the Civil Code of the Russian Federation, the liquidation of an organization entails its termination without the transfer of rights and obligations in the order of succession to other persons.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another area, termination of employment contracts with employees of these structural units is carried out according to the rules provided for cases of liquidation of an organization (Part 4 of Article 81 of the Labor Code of the Russian Federation). Employees must be given written notice of the upcoming dismissal at least two months in advance (Article 180 of the Labor Code of the Russian Federation).

The dismissed employee is paid at the expense of the employer a severance pay in the amount of average monthly earnings. In addition, he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it (Part 2 of Article 178 of the Labor Code RF). And upon dismissal from organizations located in the Far North, salary retention is possible for the fourth, fifth and sixth months (Article 318 of the Labor Code of the Russian Federation).

With the written consent of the employee, the employer has the right to terminate the employment contract with him without notice of dismissal two months in advance, with the simultaneous payment of additional compensation in proportion to the reduction in the notice period (Parts 2 and 3 of Article 180 of the Labor Code of the Russian Federation).

Temporary workers (those with a contract period of up to two months) are warned about the liquidation and reduction of staff three days in advance, and severance pay may be provided for in the contract (Article 292 of the Labor Code of the Russian Federation), and seasonal workers are warned seven days in advance, and severance pay is not less than two weeks' earnings (Article 296 of the Labor Code of the Russian Federation).

When dismissing employees due to the termination of activities by the employer - an individual, the terms of notice of dismissal, as well as the cases and amounts of severance pay and other compensation payments, are determined by the employment contract (Article 307 of the Labor Code of the Russian Federation). If the contract does not specify these guarantees, the provisions of the law shall apply.

2. Reduction in the number or staff of the organization's employees.

When carrying out these activities, the employer is obliged to offer the employee another available job (vacant positions). All positions (works) that the employee can occupy (perform) must be offered, taking into account his skills and state of health.

If staff reductions lead to the dismissal of workers, then workers with greater labor productivity and (or) qualifications have an advantage.

If labor productivity and qualifications are equal, preference in remaining at work is given to:

family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their permanent and main source of livelihood);
persons in whose family there are no other independent workers;
employees who received a work injury or occupational disease in this organization;
disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland;
employees who improve their qualifications in the direction of the employer without interruption from work (Part 2 of Article 179 of the Labor Code of the Russian Federation);
other persons specified in the collective agreement of the organization.

In accordance with Part 1 of Art. 82 of the Labor Code of the Russian Federation about the decision to reduce the number or staff of the organization’s employees and the possible termination of employment contracts with employees on this basis, the employer must also inform the elected trade union body of this organization in writing, and if the decision to reduce the number or staff of the organization’s employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities.

When dismissing workers who are members of a trade union, it is necessary to coordinate the decision with the trade union.

3. Inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results.

On this basis, an employee may be dismissed if it is impossible to transfer him to another job with his consent. In order to protect the rights of workers, the certification commission must include a member of the commission from the relevant elected trade union body (Part 3 of Article 82 of the Labor Code of the Russian Federation).

4. Change of owner of the organization’s property.

When an employment contract with the head of the organization, his deputies and the chief accountant is terminated in connection with a change in the owner of the organization, the new owner is obliged to pay compensation to these employees in the amount of not less than three average monthly earnings of the employee (Article 181 of the Labor Code of the Russian Federation). They also cannot be deducted from them for unworked vacation days used in advance, etc. (Article 137 of the Labor Code of the Russian Federation).

Points 5 to 10 art. 81 of the Labor Code of the Russian Federation are disciplinary dismissals (penalties - Article 192 of the Labor Code of the Russian Federation), therefore the procedure for their application must strictly comply with the procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation).

5. Repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction.

Termination of an employment contract on this basis is possible if the employee has already committed a disciplinary offense, for which a disciplinary sanction was applied to him in the prescribed manner, and this employee commits a disciplinary offense again, and the previous sanction has not yet been lifted at that time. A disciplinary sanction is lifted automatically one year after application, unless it is lifted earlier by order of the employer.

The general rules for applying penalties are as follows:

an explanation must be taken or an act drawn up;
an order for each case of violation is issued no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to determine the opinion of the representative body of employees, but in any case no later than six months from the date of the misconduct , and based on the results of an audit, inspection of financial and economic activities or an audit - no later than two years from the date of the offense.

6. One-time gross violation of labor duties by an employee.

Single gross violations of labor duties mean:

a) absenteeism, i.e. absence from work for the entire shift or absence from the workplace without good reason for more than four hours in a row during the working day;

b) appearing at work in a state of alcohol, drug or other toxic intoxication.

Dismissal is possible only if the employee was drunk during working hours on the territory of the organization or facility where, on behalf of management, he had to perform labor functions.

The employee’s presence of alcohol, drugs or other toxic intoxication and the fact of his appearance in this state at work must be proven by the employer. The evidence will be a medical report or other evidence (for example, witness testimony);

c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, as well as disclosure of personal data of another employee;

d) committing at the place of work theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of an authority authorized to apply administrative penalties;

e) violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences.

7. Commitment of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of trust in him by the employer

Workers to whom this basis can be applied are persons servicing monetary and commodity assets. On this basis, watchmen, cleaners, etc., who do not service (storage, processing, manufacturing) monetary and commodity values, although they can use them in the process of work, cannot be fired.

The application of this basis does not depend on other types of liability and on the existence of an agreement on full liability. In this situation, the guilt of the employee is established by the employer himself on the basis of the evidence available to him.

8. Commitment by an employee performing educational functions of an immoral offense incompatible with the continuation of this work.

There is no definition of immoral offense in the law. It seems that it should be understood as offenses that violate accepted legal norms, directly related to morality, committed by an employee both at work and at home and that do not correspond to the moral qualities required for positions held or for the work performed by him related to the education of minors.

On this basis, only employees performing educational functions can be dismissed, i.e. teachers, social educators, educators, etc. Persons performing only technical duties cannot be dismissed on this basis.

9. Making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property.

10. One-time gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties.

A manager can be dismissed for general one-time gross violations (Article 81 and 6 of the Labor Code of the Russian Federation), as well as for other gross violations that must be specified either in an individual contract with the employee or in local regulations with which the manager is familiar with painting.

11. Submission of false documents by the employee to the employer when concluding an employment contract.

In accordance with the Labor Code, the employee presents a whole package of various documents (Article 65 of the Labor Code of the Russian Federation), which can be legally expanded in some cases, taking into account the specifics of the work.

Forgery of documents can be in form (when the entire document is fake) and in content (when a valid document contains false entries).

12. This paragraph - termination of access to state secrets - was moved by the legislator to Art. 83 TK.

13. Cases provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization.

Termination of the contract due to circumstances beyond the control of the parties

In accordance with Art. 83 of the Labor Code of the Russian Federation, an employment contract is subject to termination due to the following circumstances beyond the control of the parties:

1. Calling up an employee for military service or sending him to an alternative civilian service that replaces it.

Upon termination of labor relations on the specified basis, the employee is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

Termination of an employment contract on this basis is carried out on the basis of an application from the employee upon presentation by the employee of a summons from the military registration and enlistment office to appear at the recruiting station for service. Only in this case does the Federal Law “On the Status of Military Personnel” guarantee the right of a serviceman who worked at a state (municipal) enterprise before conscription to return to his previous job within six months from the date of demobilization.

2. Reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court.

Termination of an employment contract on this basis is possible only if it is impossible to transfer the employee with his consent to another job. Moreover, in this case, the employee is paid severance pay in the amount of two weeks’ average earnings (Article 178 of the Labor Code of the Russian Federation);

3. Not being elected to office.

Logically, this clause applies if an employee holding a certain position is not re-elected for a new term. Since in the competitive filling of a position, in addition to such an employee, persons filling other positions can participate, and if they are not elected, they remain in their positions and there is no need to dismiss them. Also, an applicant from the street, i.e., not an employee of the organization, can participate in the competitive selection, and if he is not elected, he also does not need to be fired, since he did not become an employee.

4. Conviction of an employee to a punishment that precludes the continuation of previous work in accordance with a court verdict that has entered into legal force.

In accordance with Art. 392 of the Code of Criminal Procedure of the Russian Federation, a court verdict that has entered into legal force is binding on all state authorities, local government bodies, public associations, officials, other individuals or legal entities and is subject to strict execution throughout the entire territory of the Russian Federation.

If the punishment chosen in the sentence prevents the employee from continuing his work activity (for example, imprisonment, deprivation of the right to hold a certain position or engage in certain activities), then in this case the employment contract is subject to termination by the employer issuing an appropriate order.

According to Part 3 of Art. 77 of the Labor Code of the Russian Federation, the day of dismissal of an employee is the last day of his work. If the employee was under arrest before the trial, then the day of his dismissal will be considered the last day of his work. This is one of the few cases of dismissal of an employee since last month.

5. Recognition of the employee as completely disabled in accordance with a medical report.

In this case, the employer is obliged to terminate the employment relationship with the employee. The basis for issuing an appropriate order can only be a medical report from authorized experts of the MSEC (medical and social expert commission).

6. Death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing.

If the first half of this basis is clear enough, then the issue of recognizing a person as missing or deceased is extended in time and also leads to dismissal in the past after the person is recognized as such in court.

7. The occurrence of emergency circumstances that prevent the continuation of labor relations (military actions, catastrophe, any other disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation.

Not only an event must take place, but also a decision to recognize it as an emergency by the relevant authority.

8. Disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract.

9. Expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract.

10. Termination of access to state secrets if the work performed requires such access.

In Art. 23 of the Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets” defines the conditions for terminating the access of an official or citizen to state secrets.

If, for one of the reasons given therein, the employee’s access to state secrets is terminated and as a result he loses the opportunity to further carry out his labor functions, then the employment contract can be terminated by the employer under clause 12 of Art. 81 Labor Code of the Russian Federation.

Dismissal is allowed under clauses 8-10 if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower-paid job), which the employee can carry out taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

11. Cancellation of a court decision or cancellation (recognition as illegal) of the decision of the state labor inspectorate to reinstate the employee at work.

12. Bringing the total number of employees who are foreign citizens or stateless persons into compliance with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation.

13. The emergence of restrictions on engaging in certain types of labor activity established by the Labor Code and other federal laws that exclude the possibility of an employee fulfilling his duties under an employment contract.

Such dismissal is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Additional grounds for termination of contracts with certain categories of employees.

The current labor legislation provides for a significant list of grounds for termination of an employment contract. They are contained directly in the Labor Code of the Russian Federation, as well as in other federal laws.

In Art. 278 of the Labor Code of the Russian Federation provides additional grounds for terminating an employment contract with the head of an organization. In Art. 288 of the Labor Code of the Russian Federation contains an additional basis for terminating an employment contract with persons working part-time. In Art. 336 of the Labor Code of the Russian Federation specifies additional grounds for termination of an employment contract with a teaching employee. In Art. 241 of the Labor Code of the Russian Federation outlines additional grounds for the dismissal of employees in the representative office of the Russian Federation abroad. In Art. 248.11 provides additional grounds for the dismissal of athletes.

There are special grounds for dismissal from service of civil servants, law enforcement officers, resignation of judges, etc.

"Personnel officer. Labor law for personnel officers", 2007, N 9

When an employment contract ends...

In connection with the amendments to the Labor Code of the Russian Federation introduced by the Law of June 30, 2006, the three grounds for termination of an employment contract contained in Art. 77, given in a new edition. Currently, an employment contract with an employee can be terminated on 11 grounds...

Expiration of the employment contract

under paragraph 2, part 1, art. 77 Labor Code of the Russian Federation - (Article 79)

In accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded in cases where employment relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

The specifics of termination of a fixed-term employment contract are established in Art. 79 Labor Code of the Russian Federation.

A fixed-term employment contract is terminated upon expiration, of which the employee must be notified in writing at least three days before dismissal.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded for the duration of seasonal work is terminated after a certain season.

To terminate an employment contract under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation, the following legal facts are required:

1. The employment contract is concluded for a certain period in accordance with the law, that is, it contains one or more grounds listed in Art. 59 Labor Code of the Russian Federation.

A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

If neither party has requested termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded for an indefinite period.

An employment contract concluded for a certain period in the absence of sufficient grounds established by the body exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, or by a court, is considered concluded for an indefinite period.

It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period.

2. The reason for concluding an employment contract gives the employer the right to conclude a fixed-term employment contract. It coincides with one of the reasons (there are 22 of them) listed in Art. 59 Labor Code of the Russian Federation:

1) for the duration of the duties of an absent employee, who, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work;

2) for the duration of temporary (up to two months) work;

3) to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);

4) with persons sent to work abroad;

5) to carry out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

6) with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

7) with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;

8) to perform work directly related to the internship and professional training of the employee;

9) in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations;

10) with persons sent by employment services to temporary work and public works;

11) with citizens sent to perform alternative civil service;

12) in other cases provided for by the Labor Code of the Russian Federation or other federal laws.

By agreement of the parties, a fixed-term employment contract may be concluded:

13) with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);

14) with age pensioners entering work, as well as with persons who, for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

15) with persons entering work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;

16) to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

17) with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

18) with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers , approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;

19) with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

20) with persons studying full-time;

21) with persons applying for part-time work;

22) in other cases provided for by the Labor Code of the Russian Federation or other federal laws.

3. The employment contract has expired.

4. One of the parties demanded and warned about the termination of the employment contract.

5. If the initiator of termination of the contract is the employer, then he is obliged to warn the employee in writing at least three days before dismissal.

6. If the initiator of termination of the contract is an employee, then he is obliged to notify the employer about the termination of the contract. Despite the fact that the Labor Code of the Russian Federation does not establish the specifics of the warning, employees can, by warning the employer, give him time to prepare the termination, for example, by warning the employer three, or better, five days in advance. Of course, the warning must be in writing.

7. In case of dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation (Article 127 of the Labor Code of the Russian Federation).

Termination of an employment contract at the initiative of the employee

under paragraph 3, part 1, art. 77 Labor Code of the Russian Federation (Article 80 Labor Code of the Russian Federation)

The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulations containing norms of labor law, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

On the transfer on the day of dismissal of information on accrued and paid insurance contributions for compulsory pension insurance, see Federal Law of April 1, 1996 N 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system.”

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

The specifics of termination on this basis are explained in paragraph 22 of the Resolution of the Plenum of the Supreme Court 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.” When considering disputes regarding termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3, part 1, article 77, article 80 of the Labor Code of the Russian Federation), the courts must keep in mind the following:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will (which is often done by various employers), then this circumstance is subject to verification, and the responsibility to prove it rests with the employee;

b) the employment contract can be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

If the employee’s application is due to the impossibility of continuing his work:

Enrollment in an educational institution;

Retirement;

The presence of other valid reasons due to which the employee cannot continue to work, for example, sending a husband (wife) to work abroad, to a new place of duty;

In cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. It must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court;

c) based on the content of Part 4 of Art. 80 and part 4 art. 127 of the Labor Code of the Russian Federation, an employee who has warned the employer about termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and when granting leave with subsequent dismissal - before the start day of the leave), and dismissal in this case is not carried out, provided that in his place in another employee has not been invited in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract (for example, by virtue of Part 4 of Article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from the previous place of work).

An employer has the right to invite an employee of his organization to a vacant workplace.

If, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (Part 6 of Article 80 of the Labor Code of the Russian Federation).

To terminate an employment contract under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the following facts are required:

1) the employee submitted a written notice of resignation of his own free will;

2) the application was submitted voluntarily and not forced;

3) the employee did not withdraw his resignation letter;

4) two weeks of notice of dismissal have passed, 14 calendar days;

5) on the day of dismissal, the employer provided information on accrued and paid state pension insurance contributions - see Federal Law No. 27-FZ of April 1, 1996 “On individual (personalized) accounting in the state pension insurance system”;

6) the employer issued the employee a work book and other documents related to the work, upon the employee’s written application, and made a final payment to him.

When terminating an employment contract, there are some special features when dismissing after a vacation.

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employee’s illegal removal from work, his dismissal or transfer to another job (Article 234 of the Labor Code of the Russian Federation).

Termination of the employment contract under clause 4, part 1, art. 77 -

at the initiative of the employer (Articles 71, 81 of the Labor Code of the Russian Federation)

There are at least three reasons for terminating an employment contract on this basis:

a) employee behavior that does not meet the employer’s requirements;

b) a demand from a government organization to terminate an employment contract;

c) employer initiative.

When terminating an employment contract, the employer should remember that the organization’s main resource is its staff. At the same time, one of the qualities of an employer is the ability to forgive mistakes of employees and their shortcomings, which can be tolerable. The growing shortage of productive workers should also be taken into account. It is advisable for an organization to develop a methodology for calculating the cost of dismissing one employee, which may include all the costs of searching, training and adaptation of a new employee. Termination costs should be considered in layoffs.

When terminating an employment contract, you should keep in mind ILO Convention No. 158 on termination of employment at the initiative of the employer, which was adopted in Geneva on June 2, 1982, as well as ILO Recommendation No. 166 of June 22, 1982, adopted on the same issue.

Mitigating the consequences of termination of employment

In the event of termination of an employment relationship for reasons of an economic, technological, structural or similar nature, it is necessary, through measures appropriate to the circumstances of each country and taken by the competent authority, if possible in cooperation with the employer and the relevant workers' representatives, to facilitate the earliest possible placement of the dismissed workers in other employment and, if necessary, , their receipt of vocational training or retraining.

The employer should, where possible, assist dismissed workers in finding other suitable employment, for example by direct contact with other employers.

To assist displaced workers in obtaining other suitable employment or vocational training or retraining, the 1975 Convention and the 1975 Human Resources Development Recommendation may be taken into account.

In order to mitigate the adverse consequences of termination of employment for reasons of an economic, technological, structural or similar nature, consideration should be given to income protection during any period of training or retraining and partial or full reimbursement of costs associated with training or retraining and searches. and finding another job that requires a change of residence.

It should be remembered that representatives of employees participating in collective negotiations during the period of their conduct cannot be dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent, except in cases of termination of the employment contract for committing an offense for which, in accordance with the Labor Code of the Russian Federation, Other federal laws provide for dismissal from work (Part 3 of Article 39 of the Labor Code of the Russian Federation).

Representatives of workers and their associations participating in the resolution of a collective labor dispute during the period of resolution of a collective labor dispute cannot be dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent them (Part 2 of Article 405 of the Labor Code of the Russian Federation).

Every employee feels calm and confident at work if two conditions are met:

The first is a stable position in the organization, protection from dismissal by the employer’s promise. In some organizations, behind the entrance of the organization on its territory there is a poster - “We work without layoffs.” This, of course, does not mean that the employer will not get rid of the lazy person and the attacker, but he undertakes not to fire the rest;

Secondly, employees are given a development perspective for the organization, published in the personnel development program, which has three parts: strategic for 15-20 years, medium-term for 4 years and an action plan for one year.

Only from a calm and confident employee in an organization can you get maximum output and productivity.

Termination of the employment contract under clause 1, part 1, art. 81

Labor Code of the Russian Federation - liquidation of an organization or termination

activities of an employer - an individual

To terminate an employment contract upon liquidation of the organization or termination of activities by the employer - individual entrepreneur, clause 1, part 1, art. 81 of the Labor Code of the Russian Federation requires the following legal facts:

1. Decision on liquidation. Proof of this fact is the order to liquidate the organization.

2. The employee must be personally notified in writing about the liquidation of the organization against receipt at least two months in advance - Art. 180 of the Labor Code of the Russian Federation, or according to Art. 180 of the Labor Code of the Russian Federation, the employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months’ average earnings.

3. In accordance with Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation”, employers promptly, no less than three months in advance, and in full provide the employment service bodies and the trade union body or other representative body of workers with information on possible mass layoffs of workers, the number and categories of workers they may affect, and the period during which they are scheduled to be carried out, and bear responsibility in the prescribed manner.

4. If the employee is under 18 years of age, the employer is obliged:

a) obtain the consent of the commission for minors’ affairs and protection of their rights - Art. 269 Labor Code of the Russian Federation;

b) obtain the consent of the state labor inspectorate.

5. In accordance with Art. 62 of the Civil Code of the Russian Federation, the founders (participants) of a legal entity or the body that made the decision to liquidate the legal entity are obliged to immediately notify in writing the authorized state body for entering information into the Unified State Register of Legal Entities that the legal entity is in the process of liquidation.

6. Liquidation of an organization or its divisions requires advance notification, at least three months in advance, of the relevant trade unions and negotiations with them on compliance with the rights and interests of trade union members (Article 12 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity").

The specifics of terminating an employment contract on this basis are explained in paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

A circumstance that is important for the correct resolution of claims for reinstatement of persons whose employment contract was terminated due to the liquidation of the organization or termination of activities by the employer - an individual (Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation) is the actual termination of the organization’s activities or an employer - an individual.

The basis for dismissal of employees under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation can serve as a decision on the liquidation of a legal entity, i.e. a decision to terminate its activities without transferring rights and obligations by way of succession to other persons, adopted in the manner prescribed by law (Article 61 of the Civil Code of the Russian Federation).

If the employer was an individual registered as an individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, in particular when the activity of an employer - an individual is terminated on the basis of his own decision as a result of his being declared insolvent (bankrupt) by a court decision (clause 2 of Article 25 of the Civil Code of the Russian Federation), due to the expiration of the state registration certificate , refusal to renew a license for certain types of activities.

The termination of the activities of an employer - an individual who did not have the status of an individual entrepreneur - should be understood as the actual termination by such an employer of its activities.

When considering cases of reinstatement of civil servants dismissed due to the liquidation of a government agency or reduction of civil service positions, one should be guided by the provisions of Art. Art. 31, 33 and 38 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”.

It must be borne in mind that, based on Art. 73 of the above-mentioned Federal Law of the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation containing labor law norms, may be applied to relations related to the civil service, to the extent not regulated Federal Law "On the State Civil Service of the Russian Federation".

In this regard, the defendant must provide evidence confirming that after the notice of dismissal, the civil servant was offered vacant positions in this government body, and in their absence, at least one vacant position in another government body and he refused the offered job or refused undergoing retraining (requalification) in the manner established by the legislation of the Russian Federation and constituent entities of the Russian Federation on public service.

In this case, the offer of a vacant position is understood as a proposal coming from an authorized official of a state body for appointment to a public position in the civil service, including a lower one, the duties of which the civil servant can perform taking into account his profession, qualifications and previously held position.

Evidence in cases of this category, in particular, may be: copies of acts on the appointment of a civil servant to a civil service position and his dismissal from this position, a copy of the act on the liquidation of a state body or the reduction of its staff (number), a copy of the warning about the dismissal of a civil servant , a copy of the act (certificate) on the offer of a vacant position, staffing schedules of the department of the government body in which the civil servant held the position, on the day the civil servant was warned about dismissal and on the day of dismissal, a certificate of salary (remuneration) of the civil servant.

V.Shkatulla

Professor

Signed for seal

HR records management

Keywords:

1 -1

Dismissal of an employee implies termination of the employment contract. This means that the employment relationship ends between the parties who signed the contract. The Labor Code stipulates several grounds for termination of a contract. Let's take a closer look at the cases in which an employment contract is terminated.

Reasons

The Labor Code regulates several aspects in which an employment contract can be annulled.

Among others, there are general grounds for terminating an employment contract:

Agreement of the parties.
End of the contract period.
Employee transfer.
Refusal of an employee to perform duties under the new owner.
Employee initiative.
Leader's initiative.
The employee’s refusal to work under new conditions.
Disagreement with the transfer.
A case that does not depend on the will of the parties.
Violation of the terms of the contract.

An employment agreement can also be terminated for other reasons if they are provided for by law.

Employee initiative

Termination of an employment contract due to the employee’s wishes may be due to the following points:

Refusal to perform duties at will (in this case, the employee leaves the workplace in accordance with Article 80 of the Labor Code of the Russian Federation, submitting an application for termination of work duties two weeks in advance).
Refusal to fulfill labor obligations due to medical indications (the employee must submit a medical certificate, here he is either transferred to another position or quits completely).

Leader's initiative

When and in what cases is an employment contract terminated at the initiative of the employer? The legislation regulates the following cases:

Negative result of passing the probationary period: when applying for a job, the conditions for passing the probationary period must be agreed upon with the employee, as well as the grounds under which the contract can be terminated at this stage.
Change in essential conditions: these include a change in place of work, a change in position, a change in insurance conditions, a change in wage conditions, etc.
End of the agreement period: the manager is required to notify the employee of dismissal three days before the end of the agreement.

Agreement of the parties

In some cases, the dismissal of an employee entails the termination of the employment contract by agreement of the parties, since this is considered the best way out of the possible current situation. The initiator of such an action can be either an employee or a manager. The contract is terminated by mutual agreement, which is regulated by Art. 78 Labor Code of the Russian Federation.

Dismissal by agreement of the parties must be formalized by drawing up a certain list of conditions. In addition, such a measure should be aimed at resolving the existing conflict between the parties.

For example, not every employee will want to quit if the grounds for terminating the employment contract by the employer are far-fetched or if the candidate simply needs to be replaced for the position. Agreement between the parties helps to reach a common compromise.

Circumstances beyond the control of the parties

Sometimes circumstances occur that do not depend on the will of the parties. In what cases is an employment contract terminated:

The employee is sent to military service.
A court order requiring an employee who has served in the military to be hired at his previous place of employment.
Negative result of election to an elected position.
A court decision requiring an employee to serve a sentence.
Presentation of a medical certificate indicating the employee’s incapacity for work.
Death of an employee and a document confirming that the citizen is missing.
Unforeseen situations or incidents.

Important points

Pregnant women. According to legislative norms, women expecting a child cannot be fired, which is justified by Art. 261 Labor Code of the Russian Federation. But there are cases when the provision does not affect the termination of the contract. These include fixed-term contracts and the return to work of a temporarily absent employee, the liquidation of an organization or the termination of the activities of an individual entrepreneur.
Persons under the age of majority. Termination of the contract in this case is possible only with the consent of specialized authorities for minors. The regulations for such actions are described in Art. 269 of the Labor Code of the Russian Federation and does not apply upon termination of the company’s activities.
Persons with family obligations. In this case, no reservations are provided. The law prohibits dismissal of women who are raising children under 3 years of age, as well as single mothers with children under 14 years of age. In addition, persons raising disabled children without mothers should not be deprived of their jobs.
Persons belonging to a trade union. The dismissal of trade union members is provided for in Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
Foreigners. An employment contract with foreigners can be terminated only upon termination of the period of validity of the residence permit, insurance, as well as for other reasons specified in Art. 326 Labor Code of the Russian Federation.

Decor

Previously, it was considered that an employment contract can be terminated in the event of an initiative by one of the parties or a general agreement, as well as due to situations beyond the circumstances.

Now we will indicate how the termination of the contract is documented. Firstly, if an employee resigns voluntarily, he must write a statement two weeks before the scheduled day. The document is written in the name of the manager and it should indicate the reason why the contract is terminated.

Secondly, if the dismissal occurs on the initiative of the manager, then a notification must follow from him, informing him of the upcoming termination of the contract. A similar document is sent within three days.

Further, regardless of which side the dismissal was announced and what the grounds for termination of the employment contract are, a dismissal order must be drawn up. This document is an official confirmation that the citizen no longer works in the organization. The order must reflect:

date of the last working day;
reasons for dismissal that do not contradict legislative norms with reference to the Labor Code;
circumstances that served to dismiss the employee (for example, committing illegal actions).

If the dismissal occurs by agreement, then you need to draw up a similar document that takes into account all the nuances of termination of the contract.

The employee must be familiarized with the order against signature.

Terms and payments

We have found out in what cases the employment contract is terminated; now we will consider the time frame within which employees or managers must warn each other about the upcoming dismissal. Everything will depend on the period for which the contract is concluded:

open-ended contract: the employee must write an application two weeks before the end of work;
fixed-term contract for two months, seasonal work: the manager must notify the employee three days in advance;
probationary period: notification of the employee must occur no later than three days;
agreement with the manager: notification of the person holding a managerial position must occur no later than 30 days;
contract with a coach (athlete): notice is sent one month in advance, unless the contract is drawn up for four months.

Payments and compensation to those employees with whom the employment contract has been canceled are regulated by Ch. 27 Labor Code of the Russian Federation. The amount of payments depends on the grounds for dismissal:

Liquidation of an organization, reduction of staff: payment is due in the amount of monthly earnings for two months.
Refusal of an employee to be transferred to another position, conscription into the army, reinstatement of a temporarily absent employee, refusal of an employee to move to another location, recognition of an employee as incapacitated, refusal of an employee to accept new terms of the contract: two-week average earnings are due for payment.

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

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

at the will of the employee;
at the will of the employer;
by agreement of the parties;
for reasons beyond the control of the parties;
due to the expiration of the employment contract;
for other reasons.

Dismissal at the initiative of an employee

An employee has the right to terminate any employment contract, both fixed-term and indefinite, on his own initiative. At the same time, employees must fulfill the mandatory conditions for terminating the employment contract. Usually this is the so-called “working off”, that is, the employee must warn about the planned dismissal in advance. As a general rule, two weeks in advance, but in some cases the notice period may be longer (for dismissal of managers) or shorter (for example, for dismissal during a testing period when hiring).

Dismissal at the initiative of the employer

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

liquidation of a company or closure of an individual entrepreneur;
staff (number) reduction;
the employee’s inadequacy for his position;
change of company owner;
repeated disciplinary offenses;
single gross violation of duties (including absenteeism; appearing at work while intoxicated; disclosure of secret information; theft, embezzlement, damage to other people's property committed at the place of work);
loss of trust;
conflict of interest;
immoral offense (for employees performing educational functions);
fraud on the part of an employee when applying for a job;
cases provided for in the agreement with the company management.

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

Dismissal by agreement of the parties

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

Dismissal for reasons beyond the control of the parties

The law, in particular, includes among the reasons for such dismissal: the employee’s conscription into the army; reinstatement of a previously unlawfully dismissed person; failure to be elected to an elected position; bringing an employee to criminal liability; inability to perform work for medical reasons; death of an employee or employer (individual).

Dismissal due to expiration of the employment contract

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

In what cases is an employment contract terminated?

Answer or solution 2

In order to legitimize the relationship between the employer and the hired employee, an employment contract is concluded between them. And it can be terminated in different cases, which are also provided for in it. For example, if one of the parties does not fulfill the terms of the agreement, then it can be terminated unilaterally. This may be the case if the employee does not receive wages or is forced to do something that is not provided for in the contract. Or, on the contrary, the employee violates discipline and work regulations and the contract with him may be terminated because of this.

To begin with, it is worth understanding that an employment agreement or contract is a written agreement between an employee and an employer, which specifies the rights and obligations of the parties, terms of remuneration, social insurance, etc.

General provisions for termination of an employment contract

The employer and worker agree to terminate the contract;
The contract has expired;
The employee moves to work for another employer or to another position.

Termination of contract for personal reasons

Situations when the initiative for termination comes from one of the individuals:

At the initiative of the employee (impossibility of continuing work; change of owner of the organization or reorganization; change of location of the employer, etc.). In this case, you must express your desire to leave your position in writing to your employer two weeks before termination.
At the initiative of the employer (termination of the activities of the employer - an individual; staff reduction; inadequacy of the worker for his position; failure by the employee to fulfill his duties without good reason; gross violation of labor duties; loss of confidence in the employee).

Termination of a fixed-term employment contract

Conditions for termination of a contract concluded for a short period:

If the employment contract was concluded for a certain period of work, then upon the expiration of this period, the contract loses its force.
If the employment contract was concluded for the period of absence of the personnel from the position, then it ceases to be in force with the return of the employee to his place.
If the employment contract was concluded for a season (summer, spring, winter, autumn), then it ceases to be valid after the expiration of this season.

Termination of contract due to other circumstances

In connection with situations that do not depend on the will of the parties:

Conscription of a worker for military or civil service;
Restoration of the personnel who previously occupied this position;
Refusal to hire;
A court verdict prohibiting the employee from performing this work activity;
A medical report proving the employee’s inability to work;
Death of one of the individuals - employee or employer;
The onset of situations recognized by the Government of the Russian Federation as emergencies (war, natural disasters, epidemics, etc.);
Administrative punishment prohibiting the performance of one’s duties;
Expiration or deprivation of a worker’s special right (carrying a weapon, license, etc.) necessary for a given job.

In what cases is an employment contract terminated: grounds and requirements

The Labor Code regulates several aspects in which an employment contract can be annulled.

Among others, there are general grounds for terminating an employment contract:

Agreement of the parties.
End of the contract period.
Employee transfer.
Refusal of an employee to perform duties under the new owner.
Employee initiative.
Leader's initiative.
The employee’s refusal to work under new conditions.
Disagreement with the transfer.
A case that does not depend on the will of the parties.
Violation of the terms of the contract.

An employment agreement can also be terminated for other reasons if they are provided for by law.

Employee initiative

Termination of an employment contract due to the employee’s wishes may be due to the following points:

Refusal to perform duties at will (in this case, the employee leaves the workplace in accordance with Article 80 of the Labor Code of the Russian Federation, submitting an application for termination of work duties two weeks in advance).
Refusal to fulfill labor obligations due to medical indications (the employee must submit a medical certificate, here he is either transferred to another position or quits completely).

Leader's initiative

When and in what cases is an employment contract terminated at the initiative of the employer? The legislation regulates the following cases:

Negative result of passing the probationary period: when applying for a job, the conditions for passing the probationary period must be agreed upon with the employee, as well as the grounds under which the contract can be terminated at this stage.
Change in essential conditions: these include a change in place of work, a change in position, a change in insurance conditions, a change in wage conditions, etc.
End of the agreement period: the manager is required to notify the employee of dismissal three days before the end of the agreement.

Agreement of the parties

Circumstances beyond the control of the parties

Sometimes circumstances occur that do not depend on the will of the parties. In what cases is an employment contract terminated:

The employee is sent to military service.
A court order requiring an employee who has served in the military to be hired at his previous place of employment.
Negative result of election to an elected position.
A court decision requiring an employee to serve a sentence.
Presentation of a medical certificate indicating the employee’s incapacity for work.
Death of an employee and a document confirming that the citizen is missing.
Unforeseen situations or incidents.

Important points

Pregnant women. According to legislative norms, women expecting a child cannot be fired, which is justified by Art. 261 Labor Code of the Russian Federation. But there are cases when the provision does not affect the termination of the contract. These include fixed-term contracts and the return to work of a temporarily absent employee, the liquidation of an organization or the termination of the activities of an individual entrepreneur.
Persons under the age of majority. Termination of the contract in this case is possible only with the consent of specialized authorities for minors. The regulations for such actions are described in Art. 269 of the Labor Code of the Russian Federation and does not apply upon termination of the company’s activities.
Persons with family obligations. In this case, no reservations are provided. The law prohibits dismissal of women who are raising children under 3 years of age, as well as single mothers with children under 14 years of age. In addition, persons raising disabled children without mothers should not be deprived of their jobs.
Persons belonging to a trade union. The dismissal of trade union members is provided for in Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
Foreigners. An employment contract with foreigners can be terminated only upon termination of the period of validity of the residence permit, insurance, as well as for other reasons specified in Art. 326 Labor Code of the Russian Federation.

Decor

date of the last working day;
reasons for dismissal that do not contradict legislative norms with reference to the Labor Code;
circumstances that served to dismiss the employee (for example, committing illegal actions).

If the dismissal occurs by agreement, then you need to draw up a similar document that takes into account all the nuances of termination of the contract.

The employee must be familiarized with the order against signature.

Terms and payments

open-ended contract: the employee must write an application two weeks before the end of work;
fixed-term contract for two months, seasonal work: the manager must notify the employee three days in advance;
probationary period: notification of the employee must occur no later than three days;
agreement with the manager: notification of the person holding a managerial position must occur no later than 30 days;
contract with a coach (athlete): notice is sent one month in advance, unless the contract is drawn up for four months.

Liquidation of an organization, reduction of staff: payment is due in the amount of monthly earnings for two months.
Refusal of an employee to be transferred to another position, conscription into the army, reinstatement of a temporarily absent employee, refusal of an employee to move to another location, recognition of an employee as incapacitated, refusal of an employee to accept new terms of the contract: two-week average earnings are due for payment.

When and in what cases is the employment contract terminated?

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

General grounds for termination of an employment contract

Let us list and describe the most common grounds for termination of an employment contract.

Dismissal at the initiative of the worker.

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

What do you need to consider here? The notice period for dismissal for certain categories of employees may be shorter. Thus, seasonal workers can give notice of their dismissal in just three days. The same period is established for employees on probation. During the test, they can write a statement three times before dismissal.

And of course, the warning period may be reduced or not taken into account at all if the parties agree on this matter. For example, an employer agrees to dismiss an employee without mandatory “work-off”.

Let us remind you that in some cases, dismissal at the request of the employee is possible without any work at all. It depends on the reasons for dismissal. If the reasons for terminating an employment contract are related to retirement, caring for a sick family member and other cases, then the employer is obliged to dismiss the employee when he asks for it.

Dismissal “good” and “bad”

If the dismissal occurs “in an amicable way,” then compliance with the above rules is sufficient to terminate the contract. However, dismissal “on good terms” does not always happen and may be accompanied by conflicts.

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

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

Dismissal at the request of the employer

Depending on the grounds for termination of the employment contract, such dismissal can be very different. It’s one thing when an employee is fired due to staff reduction with the payment of 2 months’ severance pay; and it’s a completely different matter if he is fired “under article”, when such unpleasant information ends up in the work book. Often, employers, threatening an unwanted employee with such dismissal, force him to write a letter of resignation of his own free will.

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

with the liquidation of an enterprise or company or the closure of an individual entrepreneur;
reduction of the employer's staffing levels;
conflict of interest and the employee’s unwillingness or inability to resolve it;
change in the ownership of the property of an enterprise or company (applies to management personnel).

There is one general rule that employers are required to follow regardless of the reason for termination of an employment contract (good or bad). At the initiative of the employer, the law prohibits dismissing employees during periods of vacation or incapacity for work. This rule does not apply only to cases of closure of an individual entrepreneur or liquidation of a company.

Dismissals for other reasons

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

by agreement of the parties;
due to expiration of the contract;
due to circumstances beyond our control.

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

If the employment contract expires and the parties have no intention of continuing it, then the relationship also ends. The employer has the obligation to notify the employee of the upcoming dismissal for this reason no later than three days before the dismissal.

Upon dismissal due to circumstances beyond the control of the parties, the employment contract is terminated due to conscription into the army, death, criminal prosecution, failure to be selected for the appropriate position, medical contraindications, etc.

In what cases is an employment contract terminated?

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The section presents the Labor Code of the Russian Federation (LC RF): articles, amendments to the Labor Code of the Russian Federation.

Chapter 13. Termination of an employment contract

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

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

2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

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

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

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

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

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (parts three and four of Article 73 of this Code);

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

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

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

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction in the number or staff of employees of an organization or individual entrepreneur;

3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation by an employee of labor duties:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );

b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;

8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;

9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) the employee submits false documents to the employer when concluding an employment contract;

12) has become invalid;

13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by this Code and other federal laws.

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements.

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) failure to be elected to office;

4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

7) the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation;

8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

10) termination of access to state secrets if the work performed requires such access;

11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work;

12) bringing the total number of employees who are foreign citizens or stateless persons in accordance with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9 or 10 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job corresponding to the employee’s qualifications, or a vacant position). lower position or lower paid work) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

An employment contract on the basis provided for in paragraph 12 of part one of this article is terminated no later than the end of the period established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation to bring the total number of employees who are foreign citizens or stateless persons to compliance with the permissible share of such employees.

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law

An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

lack of an appropriate education document if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

concluding an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws relating to the involvement in labor activities of citizens dismissed from state or municipal service;

in other cases provided for by federal laws.

In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

Article 84.1. General procedure for registering termination of an employment contract

Termination of an employment contract is formalized by order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

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

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

This legislative act is directly related to

The article was written based on materials from the sites: glavkniga.ru, vashurok.ru, businessman.ru, russia-in-law.ru, www.freshdoc.ru.