Employment contract (relationships) in terms of termination of the employment contract. In what cases is the employment contract terminated: grounds and requirements In what cases is the employment contract terminated

Employment contract (relationship) in terms of termination employment contract

Termination of an employment contract is the termination, interruption, expiration of the employment contract and dismissal of the employee.

The grounds for termination of an employment contract are provided for by labor legislation. We will talk about these reasons in this article.

The procedure for terminating an employment contract is regulated by Chapter 13 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

General grounds termination of an employment contract are given in article 77 of the Labor Code of the Russian Federation.

According to this article, the grounds for termination of an employment contract are:

1) agreement of the parties.

In accordance with Article 78 of the Labor Code of the Russian Federation, an employment contract may be terminated at any time by agreement of the parties.

In most cases, the employer is the initiator of termination of the contract on this basis. The agreement of the parties is formalized by drawing up separate document- agreement on termination of the employment contract. The agreement must reflect the date (that is, the last day of work) and the basis for terminating the contract (agreement of the parties). The agreement may provide for the payment of severance pay, as well as other guarantees for the employee and employer.

A feature of the termination of an employment contract by agreement of the parties is that its cancellation is possible only with the mutual consent of the employer and employee. In other words, after the dismissal agreement is signed, none of the parties can revoke it unilaterally.

In Definition Supreme Court of the Russian Federation dated December 6, 2013 No. 5-KG13-125 states that reaching an agreement to terminate an employment contract on the basis of a voluntary agreement of its parties allows the possibility of canceling such an agreement solely through the agreed expression of the will of the employee and the employer, which excludes the commission by both the employee and the employer arbitrary unilateral actions aimed at abandoning a previously reached agreement. Such legal regulation is aimed at ensuring a balance of interests of the parties to the employment contract and cannot be considered as violating the rights of the employee or employer.

2) The expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues, and neither of the parties has demanded their termination.

According to article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated with the expiration of its validity. The employer is obliged to notify the employee of the termination of the employment contract due to the expiration of its validity in writing at least 3 calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.

Otherwise, by virtue of Article 58 of the Labor Code of the Russian Federation, if none of the parties demanded the termination of a fixed-term employment contract due to its expiration, and the employee continues to work after the expiration of the employment contract, the employment contract is considered concluded for an indefinite period.

If the employer has not warned the employee about the dismissal, then he cannot dismiss this employee due to the expiration of the employment contract without his consent. In this case, it is possible to dismiss an employee only on the general grounds provided for by the labor legislation of the Russian Federation.

Article 79 of the Labor Code of the Russian Federation indicates cases of termination labor relations at the conclusion of the following fixed-term employment contracts:

- an employment contract concluded for the duration of a certain work is terminated upon completion of this work;

- an employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work;

- an employment contract concluded for the performance seasonal work during a certain period (season), terminates at the end of this period (season).

A fixed-term employment contract may be terminated before its expiration on the grounds established by Article 77 of the Labor Code of the Russian Federation.

We note that if the employer periodically concludes with the employee fixed-term contracts to perform the same work, and the employee tries to challenge the validity of such employment, the employer will have to prove that it is impossible to conclude an employment contract with the employee for an indefinite period, otherwise the court may recognize them as a single employment contract concluded for an indefinite period. Such clarifications are contained in clause 14 of Resolution No. 2 of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as Resolution No. 2).

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

General order and conditions for termination of the employment contract at the initiative of the employee (at own will) are established by Article 80 of the Labor Code of the Russian Federation.

According to the said article, the employee, at his own request, may at any time by own initiative terminate any employment contract entered into by him.

At the same time, the employee is obliged to notify the employer of his dismissal in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In some cases, the employer is obliged to dismiss the employee on the day that he indicates in the application, in view of a number of good reasons. This may be caused by the inability of the employee to continue working (for example, when the employee is enrolled in educational organization, retirement and in other cases). The same should be done in cases of established violation by the employer. labor law and other legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract. Note that such cases may include, for example, delay in wages, refusal to grant leave. According to paragraph 22 of Decree No. 2, these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor laws, trade unions, commissions for labor disputes, court.

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

The main list of grounds on which an employment contract can be terminated at the initiative of the employer is given in Article 81 of the Labor Code of the Russian Federation. According to this article, an employment contract may be terminated by the employer, in particular, in the following cases:

liquidation of an organization or termination of activity by an individual entrepreneur;

- reducing the number or staff of employees of the organization, individual entrepreneur;

- inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

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

– repeated non-fulfillment by the employee without good reason job duties if he has disciplinary action;

- a single gross violation of labor duties by an employee (for example, absenteeism, appearing at work in a state of alcoholic, narcotic or other toxic intoxication, committing theft at the place of work, etc.);

- the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

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

The employer also has the right to terminate the employment contract with the employee during the probationary period in the event of an unsatisfactory test result, which follows from Article 71 of the Labor Code of the Russian Federation. Recall that when concluding an employment contract, it may, by agreement of the parties, provide for a condition on probationary period(Article 70 of the Labor Code of the Russian Federation).

The employer must notify the employee of the upcoming dismissal in writing against signature. Moreover, if we are talking, for example, about the dismissal of an employee in connection with the liquidation of an organization, a reduction in the number or staff of employees, then the employer, in accordance with Article 180 of the Labor Code of the Russian Federation, is obliged to warn employees personally and against signature at least two months before dismissal. If we are talking about the termination of the employment contract with the employee, for example, due to an unsatisfactory test result, then the employer is obliged to notify the employee of dismissal in writing no later than 3 days, indicating the reasons that served as the basis for recognizing this employee as not having passed the test (Article 71 of the Labor Code RF).

Please note that when terminating an employment contract with an employee at the initiative of the employer, the employee is provided with some guarantees and compensation.

Thus, according to Article 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation.

Termination of an employment contract with employees under the age of 18 at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and the protection of their rights (Article 269 of the Labor Code RF).

Moreover, Article 261 of the Labor Code of the Russian Federation provides that termination of an employment contract at the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur. It is also not allowed to terminate the employment contract at the initiative of the employer (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation) with:

- a woman with a child under the age of 3 years;

- a single mother raising a disabled child under the age of 18 or a young child - a child under the age of 14;

- by another person raising a disabled child under the age of 18 or a minor child - a child under the age of 14 without a mother;

- a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of 3 in a family raising 3 or more young children, if the other parent (other legal representative of the child) is not in labor relations.

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

The transfer of an employee from one employer to another can be carried out on the initiative of:

– the employee himself (if both employers agree to the transfer);

- at the initiative of the employer with whom the employee is currently in an employment relationship (such a transfer is possible with the written consent of the employee and the future employer);

- at the initiative of the employer to which the employee is to be transferred (this transfer is possible with the written consent of the employee and the consent of the employer with whom the employee is currently in an employment relationship).

Note!

According to 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 transfer from another employer within one month from the date of dismissal from their previous place of work. In other words, within a month, the new employer cannot refuse to conclude an employment contract with an employee invited in writing to work.

In addition, an employee invited to work in the order of transfer from another employer as agreed between employers cannot be placed on a test for employment, as indicated by Part 4 of Article 70 of the Labor Code of the Russian Federation.

It should be noted that without the written consent of the employee to transfer to another employer, dismissal on the grounds provided for in paragraph 5 of Article 77 of the Labor Code of the Russian Federation is prohibited. In this case, the dismissal is carried out on other grounds, determined by Article 77 of the Labor Code of the Russian Federation.

Moreover, if the employer does not agree to dismiss the employee in the order of transfer to a new place of work, then the employment contract also cannot be terminated under paragraph 5 of Article 77 of the Labor Code of the Russian Federation. In this case, the employee has the right to apply for dismissal of his own free will.

When terminating an employment contract in connection with the transfer of an employee to elective work (position), the employer must adhere to the general procedure for terminating an employment contract.

It should be noted that in accordance with Part 1 of Article 375 of the Labor Code of the Russian Federation, an employee released from work in an organization or with an individual entrepreneur in connection with his election to an elective position in an elected body of a primary trade union organization, after the expiration of his term of office, is given the previous job (position). If there is no such job, then with the written consent of the employee, he must be provided with another equivalent job (position) with the same employer. If it is impossible to provide said work(positions) in connection with the liquidation of an organization or the termination of activity by an individual entrepreneur or the absence of an appropriate job (position) in an organization, an individual entrepreneur, the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not more than 6 months, and in the case of education - for a period of up to 1 year.

In case of refusal of an employee from the proposed relevant job (position), the average salary for him for the period of employment is not retained, unless otherwise established by the decision of the all-Russian (interregional) trade union.

6) Refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution.

Labor relations in the event of a change in the owner of the property of an organization, a change in the jurisdiction of an organization, its reorganization, a change in the type of state or municipal institution are regulated by Article 75 of the Labor Code of the Russian Federation.

According to this article, when the owner of the organization's property changes, the new owner, no later than three months from the date of the emergence of his ownership right, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.

At the same time, the head of the organization, his deputy and Chief Accountant have the right, on their own initiative, to apply to the new owner of the property with a request to terminate the employment contract. In this case, employment contracts with the specified categories of employees are subject to termination on the grounds provided for in clause 6 of part 1 of article 77 of the Labor Code of the Russian Federation. Note that any employee of the organization, and not just the head of the organization, his deputy and chief accountant, can use the same right.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, separation, transformation) or a change in the type of a state or municipal institution cannot be a basis for terminating employment contracts with employees of an organization or institution. If the employee refuses to continue working in these cases, the employment contract may be terminated in accordance with paragraph 6 of Article 77 of the Labor Code of the Russian Federation.

7) Refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties.

The procedure for terminating an employment contract in connection with the employee's refusal to continue working due to a change in the terms of the employment contract determined by the parties is established by Article 74 of the Labor Code of the Russian Federation.

According to the said article, it is allowed to change the terms of the employment contract at the initiative of the employer in the case when, for reasons related to changes in organizational or technological conditions labor (changes in engineering and production technology, structural reorganization of production, other reasons) the terms of the employment contract determined by the parties cannot be saved, with the exception of changes in the labor function of the employee.

Since the employer cannot voluntarily amend employment contracts, he is obliged to prove the impossibility of maintaining the previous terms of the contract.

According to paragraph 21 of Resolution No. 2, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production, and this did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement. If such evidence is not available, then the termination of the employment contract due to a change in the terms of the employment contract determined by the parties cannot be recognized as legal.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to him (both a vacant position or a job 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. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer the employee vacancies in other areas, if this is provided for by the collective agreement, agreements, labor contract.

If the employer does not have the specified job or the employee refuses the job offered to him, the employment contract is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.

In the event that the reasons specified in Part 1 of Article 74 of the Labor Code of the Russian Federation may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of the Labor Code of the Russian Federation, to adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, the employment contract is terminated in accordance with clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation, that is, according to the rules for reducing the number or staff of employees of the organization. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with Article 74 of the Labor Code of the Russian Federation, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

8) The employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job.

The procedure for transferring an employee who, in accordance with a medical report, needs to be provided with another job is established by Article 73 of the Labor Code of the Russian Federation.

An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons.

If an employee who, in accordance with a medical certificate, needs to be temporarily transferred to another job for up to 4 months, refuses to transfer or the employer does not have the corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical certificate while maintaining the place of work ( positions). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, and an employment contract.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than 4 months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

Upon termination of the employment contract in connection with the refusal of the employee to transfer to another job, necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or if the employer does not have the appropriate job, he is paid a severance pay in the amount of two-week average earnings (Article 178 of the Labor Code of the Russian Federation).

At the same time, in accordance with Article 182 of the Labor Code of the Russian Federation, in the event of the transfer of an employee who, in accordance with a medical report, needs to be provided with another job, to another permanent lower-paid job with this employer, he retains his previous average earnings for one month from the date of transfer.

If an employee is transferred to a lower-paid job due to an industrial injury, occupational disease or other work-related damage to health, then his previous average earnings are retained until a permanent loss of professional ability to work is established or until the employee recovers.

If the employer is unable to transfer the employee to another job, he must document that at the time of the transfer he did not have vacancies that would suit the sick employee for medical reasons or that he could perform. If such vacancies were at the time of dismissal, and the employer did not offer the employee to transfer to such a job, then such a dismissal may be declared illegal.

9) The refusal of the employee to transfer to work in another area together with the employer.

According to article 72.1 of the Labor Code of the Russian Federation, the transfer of an employee to another job is a permanent or temporary change in the labor function of an employee and (or) structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transferring to work in another area together with the employer.

Note!

Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation.

Does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

It is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

Since the transfer of an employee to work in another locality is a change in the terms of the employment contract determined by the parties, if the employee refuses to be transferred to work in another locality, together with the employer, the labor contract with him is terminated in accordance with clause 9 of part 1 of article 77 of the Labor Code of the Russian Federation.

Refusal to transfer to a branch or representative office located in another locality cannot be a basis for terminating an employment contract with an employee if the employer himself does not move to this other locality.

It should be noted that when an employee is transferred to work in another locality, the employer is obliged to pay him the appropriate monetary compensation - the costs of moving the employee, his family members and baggage (except when the employer provides the employee with appropriate means of transportation), as well as the costs of arranging for new place of residence. Such requirements are established by article 169 of the Labor Code of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in federal state bodies, employees of state off-budget funds Russian Federation, federal public institutions are determined by regulatory legal acts of the Government of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in bodies local government, employees of municipal institutions are determined, respectively, by the regulatory legal acts of the state authorities of the constituent entities of the Russian Federation, the regulatory legal acts of local governments.

The procedure and amount of reimbursement of expenses when moving to work in another area for employees of other employers are determined by a collective agreement or a local regulatory act or by agreement of the parties to an employment contract, unless otherwise established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

According to Article 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to an employee's refusal to be transferred to work in another locality together with the employer, he is paid a severance pay in the amount of two weeks of average earnings.

An employment contract or a collective agreement may establish increased amounts of severance pay, with the exception of cases provided for in Article 349.3 of the Labor Code of the Russian Federation

10) Circumstances beyond the control of the parties.

Article 83 of the Labor Code of the Russian Federation establishes the procedure for terminating an employment contract due to circumstances beyond the control of the parties. According to this article, an employment contract is subject to termination under the following circumstances beyond the control of the parties:

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

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

– non-election to office (paragraph 3);

- condemnation of the employee to a punishment that precludes continuation previous work, in accordance with a court verdict that has entered into force (paragraph 4);

- recognition of the employee as completely incapable of labor activity in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation (clause 5);

death of an employee or employer individual, as well as recognition by the court of an employee or employer - an individual as dead or missing (paragraph 6);

- the onset of emergency circumstances that prevent the continuation of labor relations (military operations, 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 public authority of the relevant subject of the Russian Federation (clause 7);

- disqualification or other administrative punishment, excluding the possibility for the employee to fulfill obligations under an employment contract (clause 8);

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

- termination of access to state secrets, if the work performed requires such access (clause 10);

- cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work (paragraph 11);

- the emergence of restrictions established by the Labor Code of the Russian Federation, other federal law and excluding the possibility of the employee fulfilling obligations under an employment contract on engaging in certain types of labor activity (clause 13).

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part 1 of article 83 of the Labor Code of the Russian Federation is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or a job corresponding to the qualifications of the employee , and a vacant lower position or lower-paid job) that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

11) Violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work.

The procedure for terminating an employment contract in connection with a violation of the rules for its conclusion, if this violation excludes the possibility of continuing work, is determined by Article 84 of the Labor Code of the Russian Federation.

An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if the violation of these rules excludes the possibility of continuing work, in the following cases:

- if the employment contract was concluded in violation of the court verdict that has entered into legal force to deprive the employee of the right to hold certain positions (to engage in certain activities);

- if the concluded employment contract contained a condition on the performance of work that is contraindicated for the employee for health reasons according to the medical report;

- if at the conclusion of the employment contract the relevant document on education and (or) qualifications was not submitted, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;

- if the employment contract was concluded in violation of the decision of the judge (body official), authorized to hear cases on administrative offenses, on disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

- if the employment contract was concluded in violation of the restrictions, prohibitions and requirements established by federal laws regarding the involvement in labor activity of citizens dismissed from the state or municipal service;

- if the employment contract was concluded in violation of the restrictions on engaging in certain types of labor activity established by the Labor Code of the Russian Federation, other federal law;

- in other cases stipulated by federal laws.

In these cases, 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 a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his condition health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

If the violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly salary.

If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

In addition to the general grounds, an employment contract may also be terminated on other, additional grounds that are provided for by the Labor Code of the Russian Federation (for example, articles 278, 288, 307, 312, 336 of the Labor Code of the Russian Federation) and other federal laws (for example, article 37 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation").

For any of the above grounds, the employment contract is subject to termination, and the employee is subject to dismissal from work.

The termination of an employment contract is formalized by an order (instruction) on the termination (termination) of an employment contract with an employee (dismissal).

Recall that from January 1, 2013, organizations (with the exception of public sector organizations) have the right to use both forms of primary accounting documents developed by them independently, taking into account the requirements of the Federal Law of December 6, 2011 No. unified forms. When applied unified documents organizations should use the order form approved by the Decree of the Goskomstat of the Russian Federation dated January 5, 2004 No. 1 "On approval unified forms primary accounting documentation on the accounting of labor and its payment.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature.

In the event that the specified order (instruction) cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, an appropriate entry is made on the order (instruction) (Article 84.1 of the Labor Code of the Russian Federation).

The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained. On the day of termination of the employment contract, the employer is obliged to give the employee work book and make a settlement with it in accordance with Article 140 of the Labor Code of the Russian Federation.

At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Please note that the employer, as the insured, must issue to the employee - the insured person on the day of termination of the employment contract:

- a certificate of the amount of earnings for the two calendar years preceding the year of termination of work, which follows from subparagraph 3 of paragraph 2 of article 4.1 of the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" ;

- information on the accrued and paid insurance premiums for compulsory pension insurance and obtain written confirmation from the insured person of the transfer of this information to him (paragraph 3 of paragraph 4 of article 11 of the Federal Law of April 1, 1996 No. pension insurance).

The dismissal of an employee entails the termination of the employment contract. It can be caused both by the desire of the employee himself, and by the requirement of the employer. Wherein:

• The right of an employee to dismiss of his own free will is not limited by law. The only requirement is to notify the management of the enterprise in writing no later than two weeks before the date of dismissal. After two weeks, the contract is considered terminated.
• The situation is different if the employer insists on terminating the employment contract. To do this, he must have a good reason. An employer may dismiss an employee if documented fact:
  • inconsistencies in the position held;
  • absenteeism without good reason;
  • theft of property;
  • appearing at the workplace in a state of intoxication.

Another answer

The employment contract ceases to exist if the employee wishes to change his place of work for any reason. To do this, you need to submit a document on leaving two weeks before the dismissal from this enterprise.

In addition, an employment contract can be canceled at the request of the owner of the enterprise, that is, the employer. This can happen if the employee does not meet the requirements presented at the beginning, or cannot cope with the amount of work.

One more answer

Here, perhaps three main reasons.

1. If you are interested in some other place of work where there is a higher salary, there is better conditions labor, then you just need to notify the employer about it 2 weeks in advance.
2. But the contract can also be terminated due to the employer itself, if, for example, it turns out that you are not qualified enough.
3. Another reason (I think it is understandable to everyone) is the failure to fulfill their obligations under an employment contract without good reason.

Termination of an employment contract means the end of the employment relationship between the employee and the employer. In the current labor legislation, along with the concept of "termination of an employment contract", there are other concepts that mean the end labor relations between the parties to the employment contract: "termination of the employment contract" and "dismissal". These concepts are close in meaning, but are not identical and differ in their legal content.

Thus, the termination of an employment contract is the end of the employment relationship between the employee and the employer. "Termination of an employment contract" is the most general and broad concept that covers all cases of termination of a concluded employment contract, termination of an employment relationship (by agreement of the parties; at the initiative of an employee or employer; at the request of authorized third parties; on grounds that exclude for any circumstances, the possibility of continuing the employment relationship, etc.).

The concept of "dismissal of an employee", in fact, is close to the concept of "termination of an employment contract", but it does not cover cases of termination of an employment contract due to circumstances beyond the control of the parties.

"Cancellation of an employment contract" is a narrower concept, it is a volitional termination of employment relations at the initiative of one of the parties to the employment contract or at the initiative of certain bodies that have the right to demand this termination. The difference between the concept of "termination of an employment contract" and the concept of "termination of an employment contract" is that the first covers both volitional unilateral and bilateral actions, as well as events, and the second covers only unilateral volitional actions.

An employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for dismissing an employee on this specific basis. The basis for terminating an employment contract is a life circumstance, which is enshrined in law as a legal fact necessary for terminating an employment relationship. Termination of the employment contract means at the same time the dismissal of the employee.

An entire chapter is devoted to the termination of an employment contract in the Labor Code of the Russian Federation - 13, which provides for the grounds and procedure for terminating an employment contract. At the same time, the Labor Code of the Russian Federation is not the only legal act regulating the termination of an employment contract. Thus, the grounds for termination of employment contracts, other than those given in the Labor Code of the Russian Federation, are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is allowed by the current legislation and does not contradict it. The Labor Code of the Russian Federation regulates the right of the parties to an employment contract, in certain cases, to include in the employment contract additional grounds for terminating employment relations (Articles 278, 307, 312, 347 of the Labor Code of the Russian Federation).

Termination of an employment contract is considered legal provided that, in addition to the grounds provided for by law, the employer complies with the established procedure for terminating an employment contract, and also provides guarantees upon dismissal established by law for certain categories of employees.

Thus, it is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability and during his vacation (part 3 of article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 years (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal under clause 1, sub-clause "a" clause 3, clause 5-8, 10 and 11 article 81 of the Labor Code of the Russian Federation).

The dismissal of an employee under paragraph 5 of Article 82 of the Labor Code of the Russian Federation is carried out taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

Consideration of the opinion of the trade union body is not required if an employee who is not a member of a trade union is dismissed or the organization has a trade union, but the employee is connected by membership relations with another trade union that does not have a primary trade union body in this organization.

Representatives of employees participating in collective bargaining, during the period of their conduct, cannot be dismissed at the initiative of the employer without the prior consent of the body. Authorizing them to represent, except in cases of termination of the employment contract for committing a misdemeanor, for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work.

Termination of an employment contract with an employee under the age of 18 at the initiative of the employer (except in cases of liquidation of the organization), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors.

According to Art. 374 of the Labor Code of the Russian Federation dismissal at the initiative of the employer in accordance with paragraph 2, sub. "b" paragraph 3 and paragraph 5 of Art. 81 of the Labor Code of the Russian Federation of heads (their deputies) of elected trade union collegiate bodies of the organization, its structural divisions (not lower than shop and equated to them), not released from their main work, in addition to the general procedure, dismissal is allowed only with the prior consent of the relevant higher elected trade union body.

However, the provisions of the first part of Art. 374 of the Labor Code of the Russian Federation are subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation of December 4, 2003 No. 421-O “In the case of checking the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 of the Labor Code of the Russian Federation and paragraph 3 of Art. 25 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activity”, which recognized the norms contained in federal laws and prohibiting the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer, to be inconsistent with the Constitution. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated non-performance without good reason of labor duties, if he has a disciplinary sanction, is a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time the subject economic activity and the owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (part 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and therefore contradicts the provisions of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

General grounds for termination of an employment contract are contained in Article 77 of the Labor Code of the Russian Federation

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

2) the expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);

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

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

7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);

8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of the Labor Code of the Russian Federation);

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

10) circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

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

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties implies the mutual desire of the employee and the employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated at the time agreed by the parties, that is, at any time. The agreement on termination of the employment contract does not exclude the possibility of dismissal of the employee at his own request or, if there are grounds for this, at the initiative of the employer.

Termination of the employment contract at the initiative of the employee implies the desire to terminate the employment contract of one party (employee), and the employer is obliged to terminate relations with the employee after the warning period has expired.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee’s application for dismissal on his own initiative (of his own free will) 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 norms of labor law, 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.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place 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.

The employer, before the expiration of the notice of dismissal, is not deprived of the right to dismiss the employee if he has committed an offense that is the basis for dismissal.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

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

The right to terminate the employment contract at the initiative of the employee is granted not only to the employee who has concluded an employment contract for an indefinite period, but also to the employee working under a fixed-term employment contract.

If an application for termination of an employment contract is submitted by an employee who has not reached the age of 18, the consent of the relevant state labor inspectorate and the commission on minors must first be obtained.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 contains a provision explaining to the courts the issues of application of legislation governing the termination of an employment contract at the initiative of an employee concluded for an indefinite period, as well as a fixed-term employment contract (paragraph 3 of article 77, article 80 of the Labor Code of the Russian Federation ). Keep in mind the following:

a) termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal 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, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

b) the employment contract may 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.

An employment contract may be terminated at the initiative of the employer in the following cases:

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

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

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

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

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

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

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

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

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

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate 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 protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

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

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable 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) submission by the employee to the employer of false documents when concluding an employment contract;

12) is no longer valid.

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

14) in other cases established by the Labor Code of the Russian Federation and other federal laws.

The certification procedure (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 employees.

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

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in 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 the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are 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 (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

When considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

When considering reinstatement cases, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of the right, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability at the time of his dismissal from work or the fact that he is a member of a trade union or the head (his deputy) of an elected trade union collegial body of an organization, its structural divisions (not lower than shop and equated to them), not released from the main job, when the decision on the issue of dismissal should be made in compliance with the procedure for taking into account the reasoned opinion of the elected trade union body of the organization or, accordingly, with the prior consent of the higher elected trade union body.

If the court establishes that the employee has abused the right, the court may refuse to satisfy his claim for reinstatement (changing the date of dismissal at the request of the employee dismissed during the period of temporary incapacity for work), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of dishonest actions on the part of the employee (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004).

As a general rule, the parties cannot include in the employment contract additional grounds for the dismissal of employees other than those provided for in the law, as this can be considered as a decrease in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the employment contract, then they are not subject to application.

Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.

Part 1 Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer. The prohibition on dismissal applies to all grounds for dismissal at the initiative of the employer, specified both in the Labor Code of the Russian Federation and in other federal laws.

The dismissal of a pregnant woman on other grounds not related to the initiative of the employer, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in case of violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in general order.

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

An employment contract extended in this way, by virtue of a direct indication of the law, does not cease to be urgent. At the same time, a woman is provided with all the benefits to which she is entitled in connection with pregnancy, including the right to transfer to another job and to be released from work while maintaining average earnings if such a transfer is impossible.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer is not allowed (except dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 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 (Article 83 of the Labor Code of the Russian Federation):

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

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

3) non-election to office;

This basis applies to those employees who were not elected to a position for the second time for their position, although they applied for it. If the employee did not submit documents for election to the position, then he is dismissed due to the expiration of the employment contract under paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

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

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

The recognition of an employee as completely incapable may take place in accordance with a medical certificate issued by an authority or institution that has the competence to issue such an opinion.

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

In accordance with Art. 45 of the Labor Code of the Russian Federation, a citizen may be declared dead by a court if there is no information about his place of residence in his place of residence for five years, and if he has gone missing under circumstances that threaten death or give reason to assume his death from a certain accident, - in within 6 months.

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, 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 public authority of the relevant subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

Disqualification is the deprivation of an individual of the right to hold leadership positions in the executive management body legal entity for a period of 6 months to 3 years. In addition to disqualification, there may also be expulsion from the territory of the Russian Federation of a foreign citizen (or stateless person) who was in an employment relationship with the employer.

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

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

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work.

An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if the violation of these rules excludes the possibility of continuing work, in the following cases:

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

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

the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

the conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;

in other cases stipulated by federal laws.

If the 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 a severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

The labor law clearly regulates the grounds and procedure for dismissal of 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 for layoffs.

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 terminating an employment contract:

• by the will of the employee;
• at the request of the employer;
• by agreement of the parties;
• for reasons beyond the control of the parties;
• in connection with the expiration of the employment contract;
• for other reasons.

Dismissal at the initiative of an employee

The employee has the right to terminate any employment contract, both fixed-term and indefinite, on his own initiative. At the same time, employees must comply with 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 warning period may be longer (when managers are dismissed) or less (for example, when they are dismissed during the probationary period for employment).

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 terminating an employment contract:

• liquidation of a company or closure of an individual entrepreneur;
• staff reduction (number);
• inconsistency of the employee with his position;
• change of the owner of the company;
• repeated disciplinary offenses;
• a single gross violation of duties (including absenteeism; appearing at work in a state of intoxication; 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);
• forgery by an employee when hiring;
• cases stipulated by the contract with the management of the company.

For the indicated cases of dismissal (except for the liquidation of the company and the closure of the IP), it is established general rule, according to which it is impossible to dismiss an employee during his vacation or disability. In addition, with regard to certain grounds for dismissal, additional conditions for terminating an employment contract are provided. In particular, dismissal for embezzlement 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 in writing. All conditions of dismissal on this basis (terms, amounts of payments) are determined by the parties at their discretion.

Dismissal for reasons beyond the control of the parties

The law, in particular, refers to the reasons for such dismissal: conscription of an employee into the army; reinstatement of a previously illegally dismissed person at work; non-election to elective office; bringing an employee to criminal liability; inability to perform work for medical reasons; death of an employee or employer (individual).

Dismissal due to the end of the employment contract

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

When does an employment contract terminate?

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 stop in different cases, which are provided for in it. For example, if one of the parties does not fulfill the terms of the contract, then it can be terminated unilaterally. This may be the case if the employee does not receive wages or he is forced to do something that is not provided for by the contract. Or vice versa, the employee violates discipline, work schedule and they can break the contract with him because of this.

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

General provisions for termination of an employment contract

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

Termination of the contract for personal reasons

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

1. At the initiative of the employee (impossibility to continue work; change of the owner of the organization or reorganization; change of location of the employer, etc.). In this case, it is necessary to declare in writing your desire to leave the position to the employer two weeks before termination.
2. At the initiative of the employer (termination of the activities of the employer - an individual; reduction of personnel; inconsistency of the employee with 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 terminating a contract concluded for a short period:

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

Termination of the contract due to other circumstances

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

1. Conscription of a worker for military or civil service;
2. Restoration of the staff who previously held this position;
3. Rejection to the workplace;
4. A court verdict prohibiting the employee from performing this labor activity;
5. Medical report proving the inability of the employee to work;
6. The death of one of the individuals - the employee or employer;
7. The onset of situations recognized by the Government of the Russian Federation as extraordinary (war, natural disasters, epidemics, etc.);
8. Administrative punishment prohibiting the performance of one's duties;
9. Expiration or deprivation of a worker of a special right (carrying weapons, licenses, etc.) necessary for this work.

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

The dismissal of an employee means the 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 terminating the contract. Let us consider in more detail in which cases the employment contract is terminated.

The Labor Code regulates several aspects under which an employment contract can be cancelled.

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

1. Agreement of the parties.
2. End of the contract period.
3. Employee transfer.
4. Refusal of an employee to perform duties under the new owner.
5. Employee initiative.
6. Leader's initiative.
7. Refusal of an employee to work under new conditions.
8. Translation disagreement.
9. Case independent of the will of the parties.
10. Violation of the terms of the contract.

The employment agreement can also be terminated on other grounds, if they are provided for by law.

Employee initiative

Termination of the employment contract in connection with the desire of the employee 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 performance of labor 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 he leaves completely).

Manager's initiative

When and in what cases is the 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 test must be agreed 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 the place of work, a change in position, a change in the conditions of insurance, a change in the conditions of remuneration, etc.
• End of the agreement period: the manager is obliged to notify the employee of the 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, as this is considered the best way out of a possible situation. The initiator of such an action can be both an employee and a manager. The contract is terminated by mutual agreement, which is regulated by Art. 78 of the Labor Code of the Russian Federation.

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

For example, not every employee wants to quit if the grounds for terminating the employment contract by the employer are far-fetched or in this way you just need to replace the candidate for the position. The agreement of the parties helps to come to a common compromise.

Circumstances beyond the control of the parties

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

1. The worker goes to military service.
2. A court order by which an employee who has served in the military must be accepted to a previous place of work.
3. A negative result of being elected to an elective office.
4. The decision of the court, according to which the employee must serve the sentence.
5. Presentation of a medical certificate, which indicates the disability of the employee.
6. The death of an employee and a document confirming that the citizen was missing.
7. Unforeseen situations or incidents.

Important Points

1. Women in position. According to legislative norms, women who are expecting a child cannot be fired, which is justified by Art. 261 of the 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 entry to work of a temporarily absent employee, the liquidation of the organization or the termination of the activities of the individual entrepreneur.
2. Persons under the age of majority. Termination of the contract in this case is possible only with the consent of the specialized bodies for minors. The regulation of such actions is described in Art. 269 ​​of the Labor Code of the Russian Federation and does not apply when the company is terminated.
3. Persons with family obligations. In this case, there are no reservations. The law prohibits the dismissal of women who are raising children under 3 years old, as well as single mothers with children under 14 years old. In addition, it is impossible to deprive the work of persons raising disabled children without mothers.
4. Persons who are members of a trade union. The dismissal of trade union members is provided for by Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
5. 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 of the Labor Code of the Russian Federation.

Decor

Previously, it was considered that an employment contract can be terminated in the event of the initiative of one of the parties or a general agreement, as well as due to situations that do not depend on the circumstances.

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

Secondly, if the dismissal occurs at the initiative of the head, then a notification should follow from him, which informs about the upcoming termination of the contract. A similar document is sent in three days.

Further, regardless of which side the dismissal was announced and what are the grounds for terminating the employment contract, 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 include:

• 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, the commission of 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 terminating the contract.

The employee must be familiarized with the order against signature.

Terms and payments

In what cases the employment contract is terminated, we found out, now we will consider the terms in which employees or managers must warn each other about the upcoming dismissal. Everything will depend on the period for which the contract is concluded:

• indefinite contract: the employee must write a statement 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 head: notification of the person holding leadership position, must occur no later than 30 days;
• contract with a coach (sportsman): a notice is sent one month in advance if the contract is not drawn up for four months.

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

1. Liquidation of the organization, reduction of staff: payable cash in the amount of monthly earnings for two months.
2. Refusal of an employee to transfer to another position, conscription into the army, reinstatement of a temporarily absent employee, refusal of an employee to move to another locality, recognition of an employee as incompetent, refusal of an employee to accept new terms of the contract: two weeks of average earnings are due for payment.

When and in what cases is the employment contract terminated?

The 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 will tell in this article.

General grounds for terminating an employment contract

We list and describe the most common grounds for terminating an employment contract.

Dismissal at the initiative of the worker.

Dismissal often occurs at the initiative of the worker himself. Outwardly, this is formalized by the employee submitting a letter of resignation. At the same time, the employee must comply with the rule of law on 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 in order to find a replacement for the retired staff and to carry out all other necessary measures in connection with the dismissal (transfer of cases, inventory, etc.).

What should be taken into account here? The notice period for dismissal for certain categories of employees may be shorter. So, seasonal workers can warn of their dismissal in just three days. The same period is set for employees on probation. During the test, they can write a statement three before the dismissal.

And of course, the warning period may be reduced or not taken into account at all if the parties have agreed on this matter. For example, the employer agrees to the dismissal of an employee without a mandatory "working off".

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

Dismissal "in a good way" and "in a bad way"

If the dismissal occurs "in a good way", then the implementation of the above rules is sufficient to terminate the contract. However, dismissal "in an amicable way" is far from always and may be accompanied by conflicts.

Sometimes employers force employees to write statements of their own free will. Such actions are clearly illegal. And even if the employee writes a statement under pressure from the employer, he can subsequently apply for the protection of his rights to law enforcement and control authorities (court, prosecutor's office, Labour Inspectorate) and achieve reinstatement. There are enough such examples in judicial practice, when in the trial the facts of forced dismissal of one's own free will 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 legally significant actions. In this case, it is a resignation letter. These facts can be recorded by a receipt of the authorized person of the employer on the employee's statement, written in 2 copies; or confirmed by telegram, by registered mail with a description of the attachment and in other ways.

Dismissal at the will of the employer

Depending on the grounds for terminating the employment contract, such dismissal can be very different. It is one thing when an employee is fired due to redundancy with the payment of a 2-month severance pay; and it’s a completely different matter if he is fired “under the article”, when such impartial information gets into the work book. Often, employers, threatening an objectionable employee with such a dismissal, get him to write a letter of resignation of his own free will.

You can read about "dismissal under the article" in other materials on our site. 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 staffing at the employer;
• conflict of interest and unwillingness or inability of the employee to resolve it;
• change in the ownership of the property of an enterprise or company (concerns the management team).

There is one general rule that employers must follow regardless of the reason for terminating an employment contract (good or bad). At the initiative of the employer, the law prohibits the dismissal of employees during periods of their vacation or disability. This rule does not apply only to cases of closing an IP or liquidating a company.

Dismissals for other reasons

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

• by agreement of the parties;
• due to the expiration of the contract;
• due to unforeseen circumstances.

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 on the employee's payments in connection with the dismissal.

If the term of the employment contract expires, and the parties have no intention to continue it, then the relationship is also terminated. At the same time, the employer has an 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 that are beyond the control of the parties, the employment contract is terminated due to conscription, death, criminal prosecution, non-selection to the appropriate position, medical contraindications, etc.

When does an employment contract terminate?

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The section presents the Labor Code of the Russian Federation (Labor Code of the Russian Federation): 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 term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;

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

4) termination of the 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 elective work (position);

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

7) refusal of the employee to continue work in connection with 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 certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (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 also 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

The employment contract may 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 about the termination of the employment contract due to the expiration of its validity period at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.

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

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

An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee's application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in 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 statement.

Prior to the expiration of the notice of 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 refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal 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

The employment contract may be terminated by the employer in the following cases:

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

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

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

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

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

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

a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in 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 the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

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

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate 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 protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

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

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable 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) submission by the employee to the employer of false documents when concluding an employment contract;

12) has become invalid;

13) provided for by 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 conducting attestation (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 allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or a lower paid job) which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in 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 the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are 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 (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

Article 82

When deciding to reduce the number or staff of employees of an organization, an 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 no later than two months in advance. before the start of the relevant events, and if the decision to reduce the number or staff of employees may lead to mass layoffs of employees - no later than three months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.

The dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of the first part 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 the dismissal of employees in accordance with clause 3 of part one of Article 81 of this Code, attestation commission V without fail a representative of the elected body of the corresponding primary trade union organization is included.

The 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 the employment contract at the initiative of the employer.

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

An 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 at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) non-election to office;

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

5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure 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 dead or missing;

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, 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 public authority of the corresponding subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

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

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

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work;

12) bringing the total number of employees who are foreign citizens or stateless persons into line with the allowable share of such employees established by the Government of the Russian Federation for employers engaged in certain types of economic activity 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 allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid work) that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

An employment contract on the grounds provided for in clause 12 of part one of this article shall terminate no later than the expiration of the period established by the Government of the Russian Federation for bringing by employers engaged in certain types of economic activity in the territory of the Russian Federation the total number of employees who are foreign citizens or stateless persons into compliance with the allowable proportion of such workers.

Article 84

An employment contract is terminated as a result of 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 a violation of these rules excludes the possibility of continuing work, in the following cases:

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

conclusion of an employment contract for the performance of work contraindicated this employee for health reasons in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

the conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;

in other cases stipulated by federal laws.

In the cases provided for by 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 a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) that the employee can perform according to his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

If the 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 a severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

Article 84.1. General procedure for processing the termination of an employment contract

The termination of the employment contract is formalized by the 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 issue him a duly certified copy said order(orders). 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 get acquainted with it against signature, an appropriate 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, except for cases when the employee did not actually work, but in accordance with this Code or other federal law, the place of work (position) was retained for him.

On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of 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 on 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.

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a 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 the termination of labor relations upon dismissal of an employee on the grounds 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, the term of the employment contract with which was extended until the end of pregnancy in accordance with the second part of Article 261 of this Code. By written request of 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 the employee applied.

This piece of legislation 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.

"HR officer. Labor law for a personnel officer", 2007, N 9

When the 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 the new edition. Currently, an employment contract with an employee can be terminated on 11 grounds...

Expiration of the employment contract

under paragraph 2 of part 1 of Art. 77 of the 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 labor 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.

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

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

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

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

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

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

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

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

If the employment contract does not specify the term of its validity, then the contract is considered concluded for an indefinite period.

If none of the parties demanded the 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 concluded for an indefinite period.

An employment contract concluded for a fixed 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 avoid granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

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

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

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

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

4) with persons sent to work abroad;

5) for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with 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 known period or to perform a known work;

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

8) to perform work directly related to the internship and vocational 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 the bodies of the employment service for temporary work and public works;

11) with citizens sent for alternative civilian 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 and consumer services - 20 people);

14) with pensioners entering work by age, 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 areas equivalent to them, if this is associated with moving to the place of work;

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

17) with persons elected through a competition for the relevant position held in accordance with the procedure 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 by professional athletes in accordance with the lists of works, 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 heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;

20) with persons studying full-time education;

21) with persons entering a part-time job;

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

3. The term of the employment contract has expired.

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

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

6. If the initiator of the termination of the contract is an employee, then he is obliged to warn 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, and preferably five days in advance. Of course, the warning must be in writing.

7. In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the last day of vacation is also considered the day of dismissal (Article 127 of the Labor Code of the Russian Federation).

Termination of the employment contract at the initiative of the employee

under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation (Article 80 of the 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 may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his own initiative (of his own free will) 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 regulatory legal acts containing the norms of labor law, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place 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.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

On the transfer on the day of dismissal of information on accrued and paid insurance premiums for compulsory pension insurance, see Federal Law of April 1, 1996 N 27-ФЗ "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance".

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

Features of termination on this basis are explained in paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation." When considering disputes on 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 the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will (which is often done by various employers), then this circumstance is subject to verification, and the burden of proving it rests with the employee;

b) the employment contract may 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 work;

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. At the same time, 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, commissions on labor disputes, the court;

c) based on the content of Part 4 of Art. 80 and part 4 of Art. 127 of the Labor Code of the Russian Federation, an employee who warned the employer about the termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and if leave is granted with subsequent dismissal - before the day the vacation begins), and dismissal in this case is not carried out, provided that in his place in another employee is not 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 in the order of transfer from another employer, within one month from the date of dismissal from the previous place of work).

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

If, after the expiration of the warning 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 the employment contract under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the following facts are required:

1) the employee has submitted a written application for dismissal of his own free will;

2) the application was submitted voluntarily, and not involuntarily;

3) the employee has not withdrawn the letter of resignation;

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

5) on the day of dismissal, the employer submitted information on the accrued and paid insurance premiums for state pension insurance - 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, other documents related to work, at the written request of the employee and made the final settlement with him.

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

The employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work. Such an obligation, in particular, occurs 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 paragraph 4 of part 1 of 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 requirements of the employer;

b) the requirement of the state organization to terminate the employment contract;

c) the initiative of the employer.

When terminating an employment contract, the employer should remember that the main resource of the organization is the staff. At the same time, one of the qualities of the employer is the ability to forgive the mistakes of employees and their shortcomings, which can be tolerable. The growing shortage of high-performing 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 finding, training and adapting a new employee. Layoff costs should be taken into account when layoffs are made.

When terminating an employment contract, one should bear in mind the ILO Convention N 158 on termination of employment at the initiative of the entrepreneur, which was adopted in Geneva on June 2, 1982, as well as the ILO Recommendation of June 22, 1982 N 166, adopted on the same issue.

Mitigation of the consequences of termination of employment

In case of termination of employment for reasons of an economic, technological, structural or similar nature, it is necessary, by measures appropriate to the conditions of each country and taken by the competent authority, if possible in cooperation with the employer and the representatives of the workers concerned, to facilitate the early placement of laid-off workers in another job and, if necessary receiving vocational training or retraining.

The employer should, as far as possible, assist laid-off workers in finding another suitable job eg through direct contact with other entrepreneurs.

In order to assist laid-off workers in obtaining other suitable employment or training or retraining, the 1975 Convention and the 1975 Recommendation concerning the Development of Human Resources may be taken into account.

In order to mitigate the adverse effects 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 vocational training or retraining, as well as with the search and placement in another job that requires a change of residence.

It should be remembered that representatives of employees participating in collective bargaining 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 a misdemeanor, 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 employees, 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).

Each employee feels calm and confident at work if there are two conditions:

First - stable position in the organization, protection from dismissal by the promise of the employer. In some organizations, a poster hangs behind the entrance of the organization on its territory - "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, the employees were given the perspective of the organization's development, published in the personnel development program, which has three parts: a strategic one for 15-20 years, a medium-term one for 4 years and an action plan for one year.

Only from a calm and confident employee in the organization can you get the maximum return, labor productivity.

Termination of the employment contract under paragraph 1 of part 1 of Art. 81

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

activities of the employer - an individual

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

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

2. The employee must be personally warned 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 in accordance with 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 for two months with the simultaneous payment of additional compensation in the amount of two months of average earnings.

3. In accordance with Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" employers in a timely manner, at least three months in advance, and in full, provide the employment service authorities and the trade union body or other representative body of workers with information about 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 old, the employer must:

a) obtain the consent of the commission for minors and the protection of their rights - art. 269 ​​of the 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 inform the authorized state body about this in writing for inclusion in the Unified State Register legal entities information that the legal entity is in the process of liquidation.

6. The liquidation of the organization, its divisions requires prior notification, at least three months in advance, of the relevant trade unions and negotiations with them on the observance of 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 Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation."

The circumstance that is important for the correct resolution of claims for the reinstatement of persons whose employment contract was terminated due to the liquidation of the organization or the termination of activity 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 employer - an individual.

The basis for the dismissal of employees under paragraph 1 of Part 1 of Art. 81 of the Labor Code of the Russian Federation may serve as a decision on the liquidation of a legal entity, i.e. a decision to terminate its activities without the transfer of 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 activities of the employer - an individual are terminated on the basis of decision due to its recognition as insolvent (bankrupt) by a court decision (clause 2, article 25 of the Civil Code of the Russian Federation), due to the expiration of the certificate of state registration, refusal to renew a license for certain types of activities.

Under the termination of the activities of the employer - an individual who did not have the status of an individual entrepreneur, one should understand the actual termination of his activities by such an employer.

When considering cases on the reinstatement of civil servants dismissed in connection with the liquidation government agency or reduction of civil service positions, 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, however, that according to Art. 73 of the above 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, in part 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 state body, and in their absence, at least one vacant position in another state body, and he refused the offered job or refused undergoing retraining (retraining) in the manner prescribed by the legislation of the Russian Federation and the constituent entities of the Russian Federation on public service.

However, under the proposal vacant position is understood as a proposal coming from an authorized official of a state body for appointment to a civil service position, including a lower one, the duties for which a civil servant can perform, taking into account his profession, qualifications and previous 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 reduction of its staff (number), a copy of the warning about the release of a civil servant , a copy of the act (certificate) on the offer of a vacant position, staffing tables subdivision of the state body in which the civil servant held a position, on the day the civil servant was given notice of dismissal and on the day of dismissal, a certificate of the civil servant's salary (remuneration).

V. Shkatulla

Professor

Signed for print

• HR records management

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