Many legal rules Labor Code Russian Federation look simple and transparent to use. However, their close study and analysis lead to the conclusion that it is possible to implement the prescribed provisions only after overcoming numerous difficulties. One of the striking examples is Article 78 of the Labor Code of the Russian Federation, which establishes the procedure for dismissal by agreement of the parties. She got the palm thanks to the very summary, after all, explaining it documentation does not contain any normative document.

The Labor Code of the Russian Federation provides the employee with great privileges - he has the opportunity to quit at any point in time that is beneficial only to him (Article 77 of the Labor Code of the Russian Federation). It could even be vacation time or sick leave. The employer, in the presence of the above conditions, can terminate the contract on his own initiative only in exceptional cases: liquidation of the enterprise or termination of activities. Trade union organizations do not show any control. The same way to end the relationship is also possible under a student agreement.

About legal grounds and correct execution of documents

The provision of the Labor Code, which allows ending an employment relationship by agreement of the parties, states that this will only require a properly executed addition to the contract, signed by the employee and the employer.

Approximate course of action:

1. The employee writes to the director of the enterprise, in which he asks to terminate in accordance with the mutual agreement reached by them.
2. The employer reviews the application and either signs it, or proceeds to discuss with the employee the date of termination of the contract that satisfies both parties.
3. The procedure is completed by a properly executed supplementary agreement to the employment contract, which has one purpose - to terminate the last document.

The reverse situation is also possible - the employer offers the employee the termination labor relations by mutual agreement by sending him an appropriate notification with the dates indicated in it, the amounts of monetary compensation and other important conditions. An additional agreement can include information on the date of termination, on the procedure for transferring cases, on the timing of inventories, on compensation payments and other important points.

The fact that the contract has been terminated is evidenced by order in form No. T-8 and entry in work book worker.

What are the benefits for the employer of terminating the contract by agreement of the parties?

An employee who plans to quit on the basis of his own desire is given the opportunity to withdraw his application at any time. And in case of termination of labor relations by agreement of the parties, such a privilege is not provided. Cancellation of the signed agreement is possible only with the consent of the opposite party. That is, unilateral termination is not possible.

The conclusion that the termination of an employment relationship on the basis of an agreement is beneficial for the employer can be made based on the following points:

• legal opportunity to take the initiative to terminate the employment relationship;
• no need to explain the true reason for such a decision and worry about meeting the deadlines established by law. For example, if the reason for dismissal is a forced reduction in staff, then the dismissal of an employee is impossible without observing the deadlines for notifying him;
• independent setting of the date of dismissal, including at the end of the current working day. This moment is especially important when dismissing an employee who has an individual liability, since the employer has every right to indicate in the agreement the period that is necessary for a thorough inventory of material assets;
• the absence of the employer's obligation to coordinate the dismissal with the trade union committee;
• the dismissal of an employee cannot be prevented by either the issuance of a sick leave, or going on vacation, or the passage of a probationary period by the employee;
• the agreement of the parties provides for the establishment of special conditions, as well as the term, procedure and amount of the compensation payment (severance pay or compensation);
• there are no special requirements for documenting the agreement;
• some active employees who do not want to quit on a reduction and make such an entry in their work book often agree to receive compensation and start looking for a new employer who, having seen the entry in the work, will come to the conclusion that his future employee is an absolutely non-conflict person ready to find a compromise solution even in difficult times of crisis.

Are employees entitled to any benefits or compensation?

Labor legislation has long defined situations in the event of which an employee receives upon dismissal. Their clear example is the liquidation of the company or the reduction in the number of employees. But in some cases, the amount of this benefit can be included in the labor or collective agreement.

Mutual agreement for termination of employment provides for a number of favorable conditions for both sides. An employee leaving for such a reason can count on receiving the so-called "compensation", the amount of which depends on the outcome of the negotiations between the parties.

The legislation does not set any limits on this payment. The amount can only be secured by signing a termination agreement.

Standard payments and compensations include:

• wages, which is calculated taking into account the last working day;
• cash payment for the number of days unused vacation . If the resigning employee decides to fully use his vacation, then there can be no question of any compensation. Then only .

For more information about payments, you can watch the following video:

Calculation of their size

and wages must be paid to each departing employee. If an employee used more vacation days than he was entitled to at a given time, then payment for all these days will be deducted from the salary. The amount of compensation is calculated based on the employee's full vacation, due to him for a full year of work, or on the number of months actually worked.

To talk about a specific amount of compensation upon dismissal, you need to specify them when signing a mutual agreement.

Taxation of payments

All amounts paid to an employee are subject to the following contributions:

• Personal Income Tax. Under the normal mode of operation, this tax is paid only at the end of the calendar month, and the dismissal procedure provides for slightly different conditions, namely the actual receipt of wages individual. After the dismissal of an employee, personal income tax should be paid to the budget:
  • on the day of receipt of funds in the bank or on the day when these funds were transferred to the account;
  • the next day if the settlements with the dismissed are made from the proceeds received by the cashier.
• income tax. Salary, or rather its amount, is clearly monitored in accordance with paragraphs 1-3 of Art. 255 of the Tax Code of the Russian Federation. Compliance with these rules is very important point, because if they were based on them when calculating salaries, then the taxable income tax base will be reduced by the entire amount of wages and compensation for unused vacation.
• UST and contributions to the pension fund. Payment of this tax is obligatory in case of reduction due to the payments established in the labor (collective) agreement, the taxable income tax base. Compensation and monetary compensation for unused vacation is not subject to UST and contributions to the pension fund.
• Contributions for injuries.

Frequently asked Questions

Is it possible to terminate the contract by agreement of the parties with the implementation of the provisions of Part 2 of Art. 127 of the Labor Code of the Russian Federation the right to use vacation?

If the dismissal is not associated with the occurrence of the employee's guilty actions, then you can take leave with subsequent dismissal. Competent documentation in this case provides for the following sequence:

1. Issuance of an order that the employee went on vacation.
2. Signing by the parties additional agreement about termination. In this case, the termination date must coincide with the last day of the vacation.
3. Issuance of an order to terminate the contract, the date of which must correspond to the last working day before the start of the vacation.
4. Making an entry in the work book.

Does the employer have the right to refuse the employee who applied to him with an application to terminate the employment relationship by agreement of the parties?

The Labor Code of the Russian Federation did not provide a clear answer to this question. Based on the wording of Art. 78 of the Labor Code of the Russian Federation, which allows terminating the contract by agreement of the parties, we conclude that the employee has no reason to demand consent from the employer. You can resort to another option - to terminate the employment contract on your own initiative (clause 3, part 1, article 77 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation provides for several ways to terminate an agreement between an employee and an employer. The most commonly used are own will or by agreement of the parties. Each method has both its advantages and disadvantages.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

Legal basis

Before an officially employed employee chooses exactly how he will terminate the employment contract, he must necessarily study legal framework this process.

The most important are the following articles of the Russian Federation:

Each section covers the process of termination of employment in as much detail as possible. Having carefully read them, the employee will be able to choose the most suitable way for him to terminate the employment relationship without any difficulty.

In this case, it is necessary to focus on the Labor Code of the Russian Federation of December 30, 2001, as amended by Law No. 197-FZ of July 13, 2015.

Article No. 80 of the Labor Code of the Russian Federation considers in as much detail as possible all the features of the termination process employment contract at the initiative of the employee - according to this article, the employee himself can terminate the agreement at any time, at his discretion.

Moreover, in the following cases, the operation in question must be carried out on the date indicated by the employee himself:

• continuation of work is impossible for justified reasons;
• violation by the employer:
  • labor legislation;
  • terms of the contract;
  • local regulations.

This point is covered in as much detail as possible in the following federal laws:

• from 30.06.06;
• dated 02.07.13

Article No. 78 of the Labor Code of the Russian Federation indicates the possibility of terminating an employment contract at any time - if the employee and his employer were able to find a compromise, agree.

This method of termination of the employment contract has a large number of advantages over all the others. Also, both designated methods of dismissal are considered in Article No. 77 of the Labor Code of the Russian Federation.

At the same time, in the text of the article itself there are links to various legislative acts that govern the moment.

If possible, you should study the legislative norms indicated above in as much detail as possible. Often, the employer takes advantage of the fact that his employees simply do not know their rights and do not complain to the relevant authorities if they are violated.

Pros and cons of voluntary dismissal

Dismissal of one's own free will has one important feature, which is both a plus and a minus - in order to terminate the contract in this way, it is necessary to warn the employer about this in advance. This period of time is as much as 2 weeks.

The disadvantages include the need to work during all this time, to fulfill their immediate duties - laid down by the employment contract.

This is often the main problem. Often, an employee quits because he has found a new job that needs to be started immediately.

But this situation can be resolved quite simply if the employer is loyal to his employee who decides to quit. The dismissal itself can be completed even before the expiration of the two-week period - with the consent of the employer.

The so-called working off has one important feature - it continues even if the employee for some reason is absent from his workplace for a good reason (sick leave, vacation or otherwise).

Thus, you can avoid having to work for the previous employer for 14 days before leaving.

To the virtues this method termination of the employment contract can be attributed to the possibility at any convenient time, until the two-week period has expired, to pick up a letter of resignation.

In this case, the employer has no right to refuse his employee in this action. Thus, if with new job something went wrong, you can always change your mind and stay the same.

Taking into account all the above factors (both positive and negative), voluntary dismissal is the most profitable way to terminate an employment contract for an employee.

Pros and cons of dismissal by agreement of the parties

Dismissal by agreement of the parties is one of the ways to terminate an employment contract, using which a special document is drawn up by the employee and the employer.

It specifies the conditions under which the employment contract is terminated. At the same time, this method of terminating an employment relationship has both its pluses and minuses.

The disadvantages of dismissal by agreement of the parties in the first place include the following main points:

• the employee will not be able to appeal the agreement signed by him (except in exceptional cases);
• termination of the agreement concluded between the two parties unilaterally is not allowed;
• in itself, the dismissal of the type in question does not provide for any compensation payments to the employee;
• the formed agreement is not regulated by the legislation and has no established format.

If the employee has signed a termination agreement, then this document implies the termination of the employment relationship in any case.

Even if the employee has lost his ability to work, is on sick leave, or other difficult circumstances have arisen.

At the same time, it is impossible to unilaterally change the terms of the agreement or completely refuse it. This is the most important drawback of this method of terminating an employment contract.

The mere fact of concluding this agreement does not imply any compensation paid to the employee. There will be no "automatic" payments.

All transfers from the employer to the employee must be indicated in the text of the agreement. In the event of a reduction or dismissal at the initiative of the management, the employee can always count on cash payments.

By agreeing to be fired in this way, the employee in some cases takes quite a risk. Since not all employers are decent and many form an agreement to the detriment of their employees.

That is why it is necessary to familiarize yourself with all the available clauses in as much detail as possible before signing. The best solution would be to first show the agreement to a qualified lawyer.

At the same time, termination of an employment contract by agreement has some important advantages. These include the following:

• the employee can independently choose the date of dismissal - in a week, a month or even a year;
• when dismissed in this way, the employment center pays much more compensation.

In fact, the only advantage of dismissal by agreement of the parties is the ability to terminate the employment contract at the most convenient time for you. Of course, at the same time, the employer himself must agree with the date proposed by the employee.

If the employee quit by agreement of the parties, then when registering with the employment center, he is paid a large amount - but such a bonus can only be beneficial if the employer himself has offered to terminate the employment relationship.

What is better to choose

Each method of terminating an employment relationship has both its advantages and disadvantages. It is worth choosing a specific one based on the existing relationship with the employer.

But there are cases when neither one nor the other way is beneficial for the employee. For example, when an enterprise is liquidated or an agreement is held.

In such a situation, the employer offers the employee to quit of his own free will or by agreement. At the same time, the employee must remember that when terminating the employment relationship in this way, monetary compensation is not expected.

If the dismissal is carried out by agreement, then the employer is obliged to provide guarantees and compensation in accordance with the Labor Code of the Russian Federation.

It is best to leave by agreement in the following cases:

• in the presence of vacant position in another organization;
• if the employer offers sufficiently substantial benefits.

It is worth terminating an employment contract by agreement of the parties only if a new job has already been found. Since the agreement is not subject to cancellation unilaterally. In this case, first of all, the employee should be guided by his personal benefit.

Maria Soboleva

Dismissal by agreement of the parties. What does it mean?

What is dismissal by agreement of the parties, what are its features and differences from other types of termination of labor relations? Let's see how it is right for an employee to leave work by mutual agreement with the maximum benefit.

What does dismissal by agreement of the parties mean?

The very word "agreement" implies a mutual agreement between the two parties. Since we are talking about labor relations, the employee and the employer must come to an agreement on the issue of dismissal.

Moreover, both Russian and Ukrainian labor laws do not particularly go into details of how and under what specific conditions the contract with an employee is terminated.

Discuss details and find consensus. Dismissal by agreement of the parties, by the way, can be offered by both the employee and the authorities. But conditions will be required that suit everyone.

Dismissal by agreement of the parties - benefits

When is it profitable for an employee to quit his job under the above article? He can take such a step if he urgently needs to part with his current employer. The agreement of the parties does not provide for a mandatory two-week working off, as in the case of leaving of one's own free will.

Or, for example, the situation is reversed: the employee wants to quit, and decided to notify the authorities in advance. Suppose, in order for the management to have the opportunity to find a replacement for him, and the employee himself could calmly prepare all the cases for delivery and look for another job without leaving the current one. You can write in a statement that you want to leave by agreement of the parties after a month or a half.

The wording "dismissal by agreement of the parties" is often beneficial to the employer. Perhaps he wants to part with an objectionable employee, but at the same time without resorting to dismissal under the article. Then you have to negotiate with the employee on mutually beneficial terms.

Or in this way, the management intends to disguise the reduction in staff, avoiding the need to comply with all the formalities that a dismissal under such an article implies.

Because the procedure for dismissal to reduce staff is quite complicated: it is necessary to notify the employee at least 2 months in advance, make sure that it can be reduced according to the law, pay all the money due - salary, severance pay, various compensation.

And if the dismissal occurs by agreement of the parties, the question is mainly only in the amount of compensation. And here already the employee has every chance to achieve favorable conditions for himself.

Dismissal by agreement of the parties - procedure

There is one important document that both sides of the employment relationship must draw up. It is called the "Agreement on Termination of the Employment Contract".

It certainly indicates the date of dismissal of the employee (his final working day), indicate the reason for terminating the employment contract - the agreement of the parties - and the corresponding article of labor legislation.

In this agreement, it is also necessary to prescribe the conditions on which the agreement was reached: the amount of compensation - a specific figure or the number of monthly salaries, additional payments(if they are provided for by mutual agreement, because the law does not oblige the employer to implement them).

Perhaps the parties agreed to provide the employee with leave before dismissal, this should also be indicated in the agreement on termination of the employment contract. The document is drawn up in two copies, signed by both parties, one remains with the employer, and the second with the employee.

After the agreement on termination of the employment contract is signed, the employee writes a letter of resignation by agreement of the parties, and the employer issues an appropriate order.

We must not forget about one nuance - if this agreement is concluded, then it is no longer possible to terminate it, as in the case of dismissal of one's own free will. There is, however, an exception - if both parties wanted to continue the employment relationship. Then the worker stays where he is.

Due payments

The law provides that when an employment contract is terminated, the employer is obliged to pay wages for the period that the employee worked, compensation if the vacation was not used, and other stipulated amounts in the form of allowances and bonuses.

But the so-called compensation will have to be negotiated by the employee himself, if the initiative for dismissal belongs to the authorities. Otherwise, you may not reach agreement.

When there is a choice between dismissal due to redundancy and by agreement of the parties, the second option should be preferred only if more favorable financial conditions are offered.

Experienced employers, simplifying the dismissal procedure for themselves, prefer to pay a person about one and a half times more and fire him by agreement of the parties. And as a bonus they also offer good recommendations employee.

But trusting verbal promises is unwise. All benefits offered must be confirmed by specific entries in the “Agreement to Terminate the Employment Contract”.

Dismissal by agreement of the parties, as well as downsizing, gives the right to register with the employment center and immediately receive unemployment benefits. But in the case of leaving at their own request, payments will begin only after 3 months.

Are you about to be fired and the situation is quite conflicting? Read about your rights on your own or get legal advice, and choose the best option for leaving work when your interests are taken into account and labor laws are not violated.

Take it, tell your friends!

Read also on our website:

show more

By agreement of both parties (so-called dismissal by agreement of the parties), there is no need to explain on what basis such an agreement was canceled.

In particular, with this turn of events, mutual concessions suit either side. If an employer terminates an employment contract with an employee who does not suit him, then this employee may stop working and leave his job. workplace. The employer in this case is not obliged to listen to the opinion of the trade union.
can be terminated at any convenient time, even before the expiration date probation or end urgent employee. A significant size for an employee guarantees that the record in the labor will be “neutral”. Upon cancellation and invalidation labor contract special concessions and agreements between the parties are possible, they can be expressed in the amount of material compensation, procedure, deadlines, etc.

Such a dismissal - by mutual agreement of the parties - is called the "golden parachute" in everyday life.

How is dismissal by agreement of the parties? What are its features? What is the agreement of the parties? In accordance with Russian law, an agreement (or contract) may be canceled at any time. The Labor Code of the Russian Federation contains Article 77, which gives each employer the right to terminate the contract with an employee both at the time of vacation and in the event of temporary disability of this employee.

If the initiative comes from the employee, the employer does not have such privileges. The exceptions are such circumstances as the transformation of the organization, its abolition, as well as the termination of the employer's activities. In these situations, the union does not monitor the organization. On the same conditions, you can also terminate the student agreement (contract) - this procedure is the same as the cancellation process

The procedure for dismissal by agreement of the parties

Cancellation and termination of employment by agreement of the parties is also regulated

Nevertheless, guided by the instructions for filling out a work book, special attention should be paid to the first paragraph of Article 77 of the Labor Code. The order must contain a reference to this item.

Let us examine in more detail the procedure for canceling an employment contract by mutual agreement.

The first stage occurs when one of the parties acts as the initiator of the termination of the contract, that is, the initiating document is drawn up.
Let us analyze the situation when the employee initiates the termination of the employment contract. First of all, the employee needs to send an offer to the employer - a proposal that must either be approved by the manager or not. The offer itself must be in the form of an application. When writing such a document, problems usually arise with the wording of sentences in the text. The most common mistake (one of the erroneously prepared statements): “I ask you to release me on 12.08.2009. from his position by agreement of the parties.

The question arises: if the dismissal is by agreement of the parties, then which ones? The text itself in the application implies that there is another party, but the employer only found out that the employee wants to leave the organization of his own free will, and has not yet given consent to this.

It is more correct to apply the following wording in the application: “I ask you to terminate the employment contract with me from 12.08.2009. on the basis of the 1st part of article 77 of the Labor Code. Here is another version of such a statement: “I ask you to sign a termination agreement with me labor agreement from August 12, 2009, based on the 1st paragraph of Article 77 of the Labor Code”. In this case, some nuances should be taken into account.

In order to terminate the contract by agreement of the parties, the text in the application must correspond to the examples given above. . If the employee does not want to carry out the dismissal by agreement of the parties, but, on the contrary, wants to terminate unilaterally, then the agreement cannot be terminated in the form of cancellation of the employment agreement by mutual agreement of the parties.
In the case when the employer is the initiator, he must also send an offer to the employee, and motivation for such a decision is not required.

Content

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

What does dismissal by agreement of the parties mean?

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

At the initiative of the worker

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

At the initiative of the employer

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

Regulations and laws

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

Termination of TD

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

Simplicity and convenience of design

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

As for the convenience of the procedure, it should be noted here that neither the employee nor the employer are required to notify each other in writing of their intention to terminate cooperation. However, lawyers advise to stick to documenting your desire. This will help subsequently resolve issues regarding mutual claims and disputes in judicial order where the drafted document will be provided as evidence.

Negotiation of the terms of the procedure

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

Modification and cancellation only by mutual agreement

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

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

The possibility of dismissal of employees of any category

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

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

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

What payments are due

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

Pay for hours worked

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

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

Compensation for unused vacation

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

severance pay

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

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

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

Procedure steps

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

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

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

Drafting an agreement to terminate an employment contract

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

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

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

Dismissal order

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

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

Familiarization of the dismissed person with the order against signature

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

Entry in a personal card and work book

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

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

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

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

Full payment on the last day of work of the employee

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

What documents are handed out

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

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

Features of taxation of severance pay

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