DISMISSAL BY AGREEMENT OF THE PARTIES:

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3. Handing over to the employee his copy of the agreement.

The receipt by the employee of a copy of the agreement should be confirmed by the signature of the employee on the copy of the agreement, which remains in the custody of the employer. We recommend putting the phrase "I have received a copy of the agreement" before the signature.

4. Issuance of an order (instruction) on termination (termination) employment contract with an employee (dismissal).

5. Order registration (orders) in the manner prescribed by the employer, for example, in the register of orders (orders).

6. Familiarization of the employee with the order(instruction) of the employer to terminate the employment contract under the signature.

In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under the signature, on the order (instruction) need to be made the corresponding entry (part 2 of article 84.1 Labor Code of the Russian Federation).

7. Decoration notes-calculation upon termination (termination) of the employment contract with the employee (dismissal).

8. Settlement with an employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article (Article 140 of the Labor Code of the Russian Federation).

12. Confirmation of the fact that the employee has been issued his work book. The employee confirms with his signature the fact of receiving his work book in the book of accounting for the movement of work books and inserts in them. The form of this book was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69 "On approval of the Instructions for filling out work books."

13. Issuance of a certificate / certificates of the amount of earnings(Clause 3, Part 2, Article 4.1 federal law dated December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood").

If the employee refuses to familiarize himself with the order (instruction) to terminate the employment contract, it is also advisable to draw up an act on the employee’s refusal to familiarize himself with the order (instruction), which is signed by the originator and the employees who were present at the refusal (the law in this case does not require the drawing up of an act, but in the event of a court dispute, the act may be useful as additional evidence of the correctness of the employer). The act is registered in the manner prescribed by the employer in the appropriate registration log.

There can be any number of reasons for dismissal - this is moving to a new place of residence, obtaining a new highly paid position, and others. However, this process is not always quick and easy. Dismissal by agreement of the parties can be considered the best option if the employee entered into an employment contract (TD) with the employer, but at the same time, few people are aware of whether any payments are provided in this case and how to properly follow all the stages of the procedure for terminating labor relations.

What does dismissal by agreement of the parties mean?

Already from the expression itself, it is clear that the termination of the contract is possible only if agreements are reached between the two parties - the employer and the employee. This is the main feature and difference between the procedure and dismissal by own will. A TD break is possible with a fixed-term or open-ended contract. Main Feature procedure should be called that each of the parties is obliged to notify the other of such a decision.

At the initiative of the worker

If we turn to practice, we can see that more often the termination of the contract occurs at the initiative of the employee himself. If you decide to terminate the employment relationship with the employer, you must notify the authorities of your desire by writing a statement. After that, the CEO imposes a resolution on the consent of the management. If the employer does not agree, the subordinate can write another statement, for example, of his own free will.

At the initiative of the employer

The employer can also offer to terminate the contract before the expiration date. This method is relevant when management wants to fire an employee, but there is no good reason for this. To do this, the employee is sent a written notice, which reflects the expected date of termination of cooperation. For its part, the subordinate, in case of disagreement, may refuse or indicate his own conditions. They can be set out in writing or reach consensus through negotiation.

Regulations and laws

If we turn to the legislation, then we will not be able to find any exact recommendations regarding the termination of employment relations between the employee and employers by mutual agreement. All questions lying in this plane relate to the practice that exists in a single enterprise. Only in the Labor Code there is a small chapter number 78, which says that cooperation can be terminated at any time. In addition, it says that the initiator of the dismissal can be either one or the other side of the contract.

Termination of TD

Termination of TD by mutual agreement in recent times gain popularity. This is due to the fact that for the procedure there is no need to prepare a large package of documents. The consent of the parties to the agreement is the only condition of the procedure. Termination of the contract gives a person the opportunity to resign in as soon as possible without unnecessary bureaucratic delays.

Simplicity and convenience of design

If for other reasons the procedure for terminating cooperation between the employer and employees is not always simple and can take a long time, then in the event of termination of the contract by agreement, it is easy to resolve this issue, but only when the two parties agree to sign. In addition, the legislation does not establish any deadlines, so dismissal is possible even on the day of notification.

As for the convenience of the procedure, it should be noted here that neither the employee nor the employer are required to notify each other in writing of their intention to terminate cooperation. However, lawyers advise to stick to documenting your desire. This will help to resolve issues later on. mutual claims and disputable situations in a judicial proceeding, where the drawn up document will be provided as evidence.

Negotiation of the terms of the procedure

The wording itself contains the main meaning - in order to terminate the TD, the parties must come to a mutual agreement. They can put forward their demands both in writing and orally. Achieving optimal conditions provides a good opportunity to get the most out of the procedure. Thus, compensation may be provided for an employee, and management, for example, may put forward conditions for the mandatory working out of a certain period of time to transfer cases to a new employee or eliminate existing debt.

Modification and cancellation only by mutual agreement

Termination of relations by consent of the participants in the TD has distinguishing feature- there is no turning back. This means that the agreement cannot be cancelled. However, in some cases, changes are possible, but only if, again, both parties agree. This circumstance distinguishes the procedure from leaving work at will, when the employee can withdraw his application.

As for the very process of changing the agreements reached earlier, here it is desirable to observe some formalities. So, for example, if an employee sends his management a proposal to amend the agreement in writing, then the employer is recommended to respond to him in writing, where he expresses his disagreement with the conditions put forward or expresses his willingness to make concessions.

The possibility of dismissal of employees of any category

If you turn to legislative framework, you can see that you can terminate cooperation with an employee at any time, regardless of whether a fixed-term or open-ended contract is concluded with him. This circumstance does not prevent the dismissal of a subordinate during the vacation period or if he is on sick leave, but for this his consent must be obtained. The employer cannot unilaterally dismiss them.

Dismissal from office by agreement of the parties is often used when a TD is broken with an employee who has committed a disciplinary violation. This is beneficial to both parties, since the employer gets rid of the objectionable employee, who receives work book, which does not indicate that he was fired "under the article." In addition, it is possible to be reinstated in office only by a court decision, which will be unrealistic to obtain, because the citizen himself gave his consent.

It should be specially noted that the employer can also dismiss a pregnant woman, but (!) only if she herself expresses such a desire - there can be no other exceptions. When such a proposal is received, the employer must be careful, because if the woman was not aware of her situation before signing the agreement, but found out about it later, she has the right to withdraw her resignation letter, and the court of first instance will be on her side.

What payments are due

Russian legislation does not provide for any compensation payments upon signing a mutual agreement. However, this does not mean that leaving work by agreement of the parties does not give any privileges to the subordinate, since you can always put forward your own requirements, especially if the initiative comes from the employer. In addition, the management of the organization must fully pay off the leaving employee, and the deadline for payments is considered to be the last day before leaving.

Pay for hours worked

To receive money, or rather wages for the time actually worked, including the last day of being at the workplace, as already mentioned, the employee must no later than last day before leaving, which is specified in the agreement. This also applies to other accruals that are due to a person under a collective agreement. This can be various kinds of additional payments, annual financial assistance, etc.

In case of non-payment due to the fault of the employer of the funds due within the time limits established by the Labor Code, the employee must first contact the employer and request written guarantees for the transfer of money within a month. In addition, it is necessary to file a complaint with the Labor Disputes Commission at the enterprise. If none of the above has brought results, each citizen can apply to the court with a request to collect the debt in the prescribed manner.

Compensation for unused vacation

According to Article 115 of the Labor Code, the minimum paid leave is 28 days. If by the time of dismissal the employee has not taken the vacation due, the management of the enterprise is obliged to pay him compensation for each day. The calculation of the payment is no different from the standard calculation for any employee. Provided that part of the vacation is spent or the employee has worked for less than a year, the days are calculated in proportion to the hours worked.

severance pay

Most of the questions arise with the payment of severance pay. If, upon downsizing or liquidating an organization, an employee is entitled to a certain amount specified by law, then by agreement of the parties, the law does not establish any requirements for this procedure. This suggests that the employer may not pay anything to the resigning employee at all, especially if the agreement is reached due to disciplinary action.

If an agreement is reached, or if such an item is available in the TD, the employer pays a certain amount. The remuneration can be set regardless of any circumstances and amount to any amount. To calculate it, you can use:

• average monthly salary;
• a certain amount of salaries, etc.

Procedure steps

The legislation does not prescribe the process of dismissal from work by mutual agreement. The employer has the right not to notify the employment service, the trade union organization of the termination of the TD and not to pay the dismissed severance pay, unless otherwise specified by the labor / collective agreement or other local regulatory legal acts. As a rule, they are guided by the practice established at the enterprise.

The procedure is not lengthy and consists in performing a certain procedure:

• agreements are reached;
• an order is drawn up for the enterprise and given to the retiring person for familiarization;
• within the period specified by the parties, a full settlement with the employee takes place and he is issued a work book.

Drafting an agreement to terminate an employment contract

Since the consent between the parties to the contract is the basis for dismissal, it is drawn up and signed by both participants in the TD. As for its form, there are no exact instructions here, so the form can be any, but it must be indicated there:

• grounds for termination of labor relations (the agreement of the parties);
• date of dismissal;
• signatures of both parties.

The agreement itself can be in the form of a statement from a retiring specialist (worker), which necessarily indicates the date of termination of cooperation determined by the parties. The resolution of the employer is superimposed on it. In addition, a separate document can be drawn up. It prescribes all the conditions, and the agreement itself is drawn up in two copies - for each participant in the agreement. An example form looks like this:

Dismissal order

According to the resolution of the State Statistics Committee of Russia No. 1 dated 01/05/2004, the order for dismissal is drawn up in the unified form T-8 or T-8a. It is standard for everyone, however, each enterprise can develop its own order form, which should contain the following items:

• grounds for termination (termination) of the employment contract - Agreement of the parties, clause 1, part 1, art. 77 of the Labor Code Russian Federation;
• the document on the basis of which the decision was made - the Agreement on termination of the employment contract with the number and date.

Familiarization of the dismissed person with the order against signature

After registering the order, the resigning person should familiarize himself with the content. Without fail, he must sign, which will indicate agreement with all the points set out. In addition, he can receive a copy of the document or an extract from the order. If a person refuses to sign a document or cannot do so due to temporary disability, a note about this is put in the order, and in the presence of witnesses an act is drawn up on the refusal of the employee to familiarize himself with the contents of the order.

Entry in a personal card and work book

When a person is hired, a personal card is created for him, in which all changes related to official duties. For this, the approved T-2 form is used. It is also necessary to make a record of dismissal by agreement of the participants in the trading house, the details of the order and the date. The personnel department inspector puts his signature, and after familiarization, the resigning must put his own.

The following entry is made in the work book: "The employment contract is terminated by agreement of the parties, paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation." It is certified by the signature of the responsible employee, the seal of the employer and the signature of the resigning person. The book itself is in hand on the day of dismissal, which is recorded in a personal card and a special journal.

Drawing up a note-calculation in the form T-61

From the moment of signing the dismissal order, the organization is obliged to make the final settlement with its employee. To do this, you need to draw up a note in the prescribed form T-61. It is first filled in by the personnel department, which brings in everything necessary information and then bookkeeping, making up the calculation. The form of the document was developed by the statistical authorities, however, each enterprise has the right to have its own version, taking into account the specifics of labor activity.

Full payment on the last day of work of the employee

As already noted, the settlement with the employee must be made before he leaves his place of work. An important aspect is that the entire due amount is paid immediately - management cannot apply any installments. The only payment that can be paid after a person leaves is bonuses, which are calculated based on the results of the enterprise's work for the previous period.

What documents are handed out

When leaving with the consent of the participants in the TD, an employee of the organization receives a certain set of documents in his hands:

• work book with a record of dismissal;
• certificate in form 182n, which provides information about wages employee for the last two years, which are necessary to calculate payments for sick leave.
• certificate containing information on contributions to the Pension Fund (RSV-1 or SZV-M);
• certificate of average earnings, if a person becomes registered with the Employment Service;
• certificate in the form of SZV-STAZH indicating the length of service;
• copies of internal documents, if such were requested by the resigning person.

Features of taxation of severance pay

Provided that the amount of the severance pay determined by the agreement, the average monthly earnings for the period of employment, monetary compensation the head, his deputies and the chief accountant does not exceed three times the average monthly salary or six months for an employee of the regions of the Far North and equivalent regions, are not subject to personal income tax. Anything above that amount will be subject to income tax. This rule also applies to insurance contributions to the Pension Fund and other organizations.

Video

If you plan to leave the organization in the most beneficial way, worth considering everything existing species layoffs. In most cases, those leaving leave opt for the most popular form - "of their own free will."

The option of dismissal by agreement of the parties looks unusual and dangerous. However, there are situations in which it is more preferable.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Let's start with the laws governing situations related to dismissal. The first thing to do is to study Article 78 of the Labor Code of the Russian Federation– on termination of the employment contract by agreement of the parties and 80th article- on termination of the employment contract at the initiative of the employee.

If you have any questions regarding cash payments, go to Art. Art. 84.1, 140 of the Labor Code of the Russian Federation, and you may also find it useful Decree of the Government of the Russian Federation dated December 24, 2007 No. 922"On the peculiarities of the procedure for calculating the average wage."

All the features and nuances of dismissal

Of your own accord

According to Russian law, every person is free to choose labor activity and change jobs. The condition for leaving the organization may be employee initiative.

Who should apply? It depends on the rules set in your organization. Somewhere the application is submitted to the head, somewhere to the personnel department, and somewhere through the reception.

If there was conflict situation, for example, they do not want to sign your application, lose it, destroy it, you can protect yourself from trouble. Make a statement in two copies.

One is for the manager, and hand the second to the HR specialist or secretary - you need the date on the application when it was received, the position and signature with a transcript.

Sometimes even this method does not help, but there is another loophole: send an application by mail. Please note that the letter must be registered, with a notice and description of the attachment. Now you can easily prove in court that you filed an application, because you have a document from the post office.

If you want to leave without work, and the employer asks you for documents proving that you have a good reason, he has the right to do so. Present a document or carry out your labor obligations a couple more weeks.

If it so happened that you fell ill, the period of work due to you is not interrupted. You will receive the money and labor due to you while on sick leave.

After applying you have the right to change your mind, unless a new person has already been invited to your position. However, you cannot be replaced by a new employee against your will.

Make sure that the correct entry has appeared in the work: with the correct designation of the article and the reason for your departure. It must contain a link to Art. 77 Labor Code of the Russian Federation and the text that you were dismissed of your own free will or at the initiative of the head.

All words are written in full, without abbreviations and abbreviations. If you see an inaccuracy in the labor, insist that a new entry be made. Before it, you need to make an indication that the previous one is invalid.

Find out more about the dismissal of your own free will by watching the video:

By agreement of the parties

The most attractive difference of this type of dismissal is processing speed. You must agree to leave with management and get the agreement in writing, but you are not required by law to give advance notice of your departure.

Any party can initiate your departure: both the employer and you. If you are acting as an initiator, you do not need to justify your departure.

Both parties have the right to put forward different conditions to each other. For example, you can agree on receiving compensation (severance pay) for the resigning person up to a specific amount, the duration of working off, transferring duties to another person, and so on. Important to remember, that all conditions are fixed in the document, otherwise they are considered invalid.

The employer may reject your initiative if he is not satisfied with the conditions. In such a situation, no one can force the other side, everyone is in an equal position. Neither you nor your employer you don't have the right to suddenly "change your mind" without the consent of the other party.

You can quit this way while on vacation, during an illness or on probationary period. For employees employed by fixed-term contract, the same rules apply as for those who entered into an open-ended contract.

A pregnant employee also has the right to leave the position by agreement of the parties. True, if on the day the document was drawn up she did not yet know that she was pregnant, and then decided to remain in the organization, her actions are legal.

How is the dismissal process? In the body of the application, write that you are leaving by agreement of the parties. Refer to the details of the agreement, otherwise your document is invalid. Please note that you must be notified in writing that the agreement has been drawn up. The document is signed by both parties.

You can download a sample letter of resignation by agreement of the parties.

Don't hesitate to ask for severance pay when management suggests you quit. Please note that the organization is not obliged to pay it, and the law does not provide for any minimum size payments. This also applies to processing.

Accordingly, if you manage to reach a compromise with management, you can get a good amount of money, and the employer - to protect themselves by setting the conditions for your departure. In any case, you will receive money for unused vacation and salary.

If you, together with the employer, have drawn up and signed a mutually beneficial agreement, and after some time one of you decided to introduce new conditions, it will be possible to change the text of the document only by common agreement.

If you have committed a violation, the most favorable option for you and the employer would be just dismissal by agreement. You will not spoil the reputation, and the management will not have to justify the legitimacy of their decision.

Make sure that the text appears in the labor "dismissed by agreement of the parties, part 1 of article 77 of the Labor Code of the Russian Federation."

For all the benefits of dismissal by agreement of the parties, see the video clip:

What is the difference?

The main difference is in the initiator of the dismissal. It could be you, or it could be the leader. If you leave of your own free will, no one has the right to restrict you. But if you have chosen the form of care by agreement of the parties, you will need seek compromise with management.

Under the agreement, you can not tell about your departure for two weeks. When you need to quit urgently, this option is ideal.

Dismissal by agreement of the parties provides an excellent chance to receive from the organization good monetary compensation. It will be especially easy to introduce such a condition if the leader was the initiator.

The text in the labor will vary (“dismissed by agreement of the parties” or “dismissed of his own free will”). Both options will not affect your future career in any way.

What is better to choose?

The choice of one or another option depends on life circumstances. Situations when it makes sense to prefer personal care:

• there is a possibility that you will change your mind about quitting;
• you are interested in going through the dismissal procedure quickly and easily;
• you are satisfied with the due payments and guarantees;
• you are on vacation or sick leave.

Disadvantages: you do not receive any additional cash payments, you must notify management in advance of your desire to quit.

It's better to get away by agreement of the parties, if:

• you need to leave the organization as soon as possible (for example, you have already been invited to another place);
• you are firmly convinced that you will not change your mind;
• there is an opportunity (fixed in writing!) to receive a large sum of money from the organization;
• you plan to contact the employment service.

The main disadvantages of this type of dismissal: if you remain dissatisfied with something, the court is unlikely to take your side. You get only what is specified in the agreement and are not entitled to change the terms without agreement with the management.

What's the best way to quit?

Concerning financial issue, in any case, you get:

1. salary for the period worked (including the date of dismissal);
2. holiday compensation if you did not use it.

What payments are made in case of dismissal by agreement of the parties, read in ours.

Severance pay is provided only by agreement of the parties. This option is preferred by people in high positions, as they have more likely to get a decent amount.

When management asks to resign by agreement of the parties in order to reduce employees, it is unprofitable to agree. Doing so may result in you losing your redundancy payments or get a smaller amount.

If it so happened that you made a serious violation at work and are afraid of being fired under the article, dismissal by agreement of the parties can be a real salvation for your reputation.

It happens that the employee does not cope with his duties and the employer needs to fire him without conflict. More often, the need to part with an employee is caused by his guilty actions. The best thing in such a situation is to part with him in an amicable way. Then you do not have to waste time and effort on compiling a pile of papers necessary to bring the employee to disciplinary responsibility.

The best way out in such cases for both the employer and the employee is. But at the same time, it is important to correctly draw up all personnel documents and make settlements with the employee.

Let's see what are the advantages of terminating an employment contract by agreement of the parties and how to do it right.

Features of dismissal by agreement of the parties

When the parties part, it is by mutual agreement. Such dismissal should not be confused with dismissal of one's own free will. After all, the grounds for terminating an employment contract will be different: in the first case - mutual agreement parties to terminate the employment relationship, and in the second - the desire of the employee.

Let's see how dismissal by agreement is better than dismissal on other grounds.

Advantages of dismissal by agreement of the parties over dismissal at the initiative of the employee

Advantages of dismissal by agreement of the parties over dismissal at the initiative of the employer

As you can see, dismissal by agreement of the parties has a lot of advantages for the employer over other grounds for dismissal.

An employee may also be the initiator of dismissal by agreement of the parties. This usually happens when:

(or) he wants to receive a severance pay that he would not have received if he had voluntarily retired;

(or) he violated labor discipline and it is better for him to quit by agreement than "under the article."

Attention! It is also possible to terminate the employment contract by agreement of the parties during the period of temporary disability of the employee.

How to issue a dismissal by agreement of the parties

Step 1. We draw up an agreement on termination of the employment contract.

There is no unified form of such an agreement. It is better to issue a single document signed by the employer and employee.

It must include all key points that you agreed on so that later there would be no misunderstandings and conflicts:

The intention of the parties to terminate the employment relationship is by mutual agreement of the parties;

Date of termination of employment.

It will be possible to change this date later only by mutual agreement of the parties. Therefore, the employee does not have the right to stop work ahead of schedule, just as the employer does not have the right to issue a dismissal ahead of schedule or, conversely, delay its execution. If you prevent dismissal, for example, do not issue a work book to the employee on time or do not pay him off, then the labor inspectorate may fine you;

The amount of the severance pay, if agreed upon;

Other essential conditions (for example, the procedure and terms for the transfer of cases by a departing employee to another employee, the provision of leave with subsequent dismissal).

Remember that dismissal on this basis is possible only if there is an agreement reached between the parties, and not a document signed by only one of the parties.

Advise the manager

When terminating an employment contract by agreement of the parties, it is more correct and safer to draw up a bilateral written agreement.

The agreement of the parties can be drawn up, for example, as follows.

Agreement on termination of the employment contract

Employer - Limited Liability Company "Summer" represented by CEO Maykov Vladimir Borisovich, acting on the basis of the charter, and the employee - commodity manager Kurochkina Maria Vladimirovna agreed that:

1. The employment contract of 21.01.2002 N 35 is terminated by agreement of the parties.

3. An employee is paid a severance pay in the amount of one official salary.

This agreement is made in duplicate, having equal legal force, one for each of the parties.

General Director Print Maikov Maikov Vladimir Borisovich

Worker Kurochkina Kurochkina Maria Vladimirovna

Step 2. We issue a dismissal order in a unified form N T-8(as with any layoff).

In the line "Basis for termination (termination) of the employment contract (dismissal)" we indicate: "Agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation." And in the line "Basis (document, number and date)" we write: "Agreement on termination of the employment contract of 04/26/2010".

Step 3. We make an entry about the dismissal in the employee's work book.

All entries in the work book on the grounds for termination of the employment contract must be made in strict accordance with the Labor Code of the Russian Federation. Therefore, it is more correct to make the following entry: "The employment contract was terminated by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation."

But even if you make a record as indicated by the Ministry of Health and Social Development (the former Ministry of Labor), namely: "Fired by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation", there will be nothing to worry about. The main thing is to make a reference to paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Step 4. We make an entry in the employee's personal card in the form N T-2.

This entry must be the same as the entry in the work book.

Step 5. On the day of dismissal, we make a settlement with the employee.

The employee must be paid:

salary;

Compensation for unused vacation days.

At the request of the employee, he can be granted leave with subsequent dismissal by agreement of the parties<18>. Then the day of dismissal in the agreement should indicate the last day of vacation. In this case, you will not have to pay compensation for unused vacation, because vacation pay will be paid to the employee instead;

Severance pay, if he is entitled to it.

All these payments are indicated in the note-calculation in the form N T-6.

Step 6. On the day of dismissal, we issue a work book to the employee.

Also, at the written request of the employee, he needs to issue certified copies of documents related to work (for example, a copy of the dismissal order, a certificate of income in the form 2-NDFL). In addition, the employee needs to transfer information about the accrued and paid insurance premiums to the Pension Fund of the Russian Federation and ask him to sign in confirmation of the fact that this information was transferred to him.

Do not forget to also ask the employee to sign:

In the order of dismissal;

On a personal card;

In the book of accounting for the movement of work books and inserts in them - for obtaining a work book;

In the work book (he must certify with his signature all the entries that were made during the period of his work in your organization).

Job details

Taxation of severance pay

The amount of severance pay can be taken into account in "profitable" expenses.

It does not apply to compensation payments established by law, and is subject to personal income tax and insurance contributions to off-budget funds.

This severance pay is not subject to "accident" insurance premiums.

Remember that if the agreement to terminate the employment contract was concluded under pressure from the employer, then it can be challenged by the employee in court. And it is possible that the employee will be reinstated at work. Then the employee will have to pay the average earnings for the time of forced absenteeism and, possibly, compensate him for moral harm.

An agreement upon termination of an employment relationship is a way of compromise and taking into account the interests of each other both on the part of the employer and the employee. Despite the fact that this method of dismissal is the simplest, it has some features.

From a legal point of view

The legislation of the Russian Federation in this case is laconic. It only says that it is possible to terminate the employment contract by mutual agreement at any time. This means that such a dismissal is possible both when working part-time, etc., i.e. even in cases where the dismissal of an employee by the employer is normally prohibited.

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Stages of the procedure

Both the employee and his employer can start the process of dismissal by agreement. The first thing to do is to send a written proposal to the other party to terminate the employment relationship. You can do this orally, but in this case, there will be no evidence on hand that such a proposal took place. If everything goes well and the employer or employee agrees with the initiative expressed by the opponent, it is time to proceed directly to the agreement, which must be formalized in writing.

Who should draw up the agreement

As a rule, a representative of the employer, a lawyer of the organization, or a specialist in the personnel department, or, in extreme cases, the secretary of the head, is responsible for compiling the document. In any case, this should be an employee with at least minimal knowledge of the Labor Code of the Russian Federation, since the document is legally significant and, if necessary, can be used as evidence in litigation. At the same time, regardless of who exactly drafted the text of the agreement, after registration it must be submitted to the head for signature.

Who benefits from the agreement: the employer or his subordinate

The dismissal agreement is called an agreement because it is usually of interest to both parties. For example, an employee can bargain for himself good "compensation" - their size is not limited by law (it should be noted that if they are not specifically specified in the document, settlement funds will be paid in the amount stipulated by the legislation of the Russian Federation). The employer, through this document, gets the opportunity to get rid of the “unnecessary” employee, while (which is especially important!) After signing the agreement, the employee will no longer be able to unilaterally refuse to dismiss or change its conditions.

And the most important advantage of the agreement is that the date of dismissal is set based on the interests of both parties: for example, from the moment the agreement is drawn up to the immediate termination of the employment contract, it can take two days, or maybe two months.

Rules for drawing up an agreement

Legislators have not developed a standard, generally applicable model of an agreement, so enterprises and organizations can create a document form at their discretion and guided by their own needs. True, at the same time, some rules should still be observed, in particular, it is necessary to indicate the full name of the employer, position, last name, first name, patronymic of the employee in the document, record the fact of the agreement reached and prescribe its conditions in detail. The latter should fit into the framework of the labor code of the Russian Federation.

Typically, the agreement is drawn up at least a few days before the dismissal, but in some companies they act differently. The employer does not draw up the document, but instead writes the appropriate resolution with the future date of termination of the employment contract for.

The agreement has two equivalent copies, one of which remains with the employer, and the second is given to the dismissed employee. Each copy must be signed by both parties.

Document header

At the beginning of the document, its name and number are written (according to the internal document flow of the enterprise), just below information about the employment contract under which the employee works (date of conclusion and number) is indicated. Enter on the next line locality in which the company is registered, as well as the date the agreement was drawn up.

Main part

First of all, the full name of the enterprise (in accordance with the constituent documents), position, surname, name, patronymic of the representative of the employer (usually it is spoken on behalf of the director or general director), and also all information about the employee is indicated in the same way.

What was agreed

Here, the provisions of the agreement reached are entered in separate paragraphs. In particular, they need to record the fact of termination of the employment contract (with reference to the letter of the law) and indicate the date of the last working day of the dismissed person. After that, it is necessary to proceed to the terms of the agreement: if the employee goes on vacation before dismissal, this must be prescribed, how and in what amount and in what terms he will be paid severance pay. The conditions that the employee must fulfill during the dismissal process should also be included in the agreement (for example, on the transfer of cases to another employee).

Then, in the agreement, you need to specify the standard clauses that the parties have no claims against each other and that both copies of the document have equal legal force.

At the end, the document is first signed by the employee, then by the head of the company.

After drawing up a termination agreement

After the document is drawn up and signed properly, the head of the enterprise issues an order to terminate the employment contract by agreement of the parties, the acquaintance of which the employee must also certify with his signature. The rest of the procedure goes according to the usual scenario: when the date of termination of the contract comes, first an entry is made in the work book of the employee and his personal card, then settlement funds are issued, etc.