Labor relations are terminated immediately after the termination of the contract between the organization and the employee. It is not uncommon for a termination of an employment agreement to result in litigation. Art. 77 of the Labor Code of the Russian Federation establishes the general grounds necessary for the implementation of such actions. What does the employee need to know?
Art. 77 of the Labor Code of the Russian Federation: comment
This article of the labor law defines the grounds necessary for termination of the labor agreement. The reasons for the removal of an employee of the organization from work should be clearly justified. Termination of the contract - the expiration of the period after which the employee ceases to perform his work. Dismissal is the completion of work in a particular organization.
Art. 77 of the Labor Code of the Russian Federation, every employee must know to avoid possible violations by the employer. There are frequent cases when dishonest bosses, taking advantage of the trust of their employee, persuade him to write his letter of resignation and other related papers. Everyone must know their labor rights in order to legally competently defend their position.
General grounds for termination of employment
The general grounds for terminating an employment agreement are the following circumstances:
- Mutual consent of the employee and management of the organization (Article 77, Part 1 of the Labor Code of the Russian Federation, paragraph 1).
- If the term of the fixed-term contract has come to an end.
- The employee independently made the decision on dismissal.
- The head of the enterprise independently decided to fire the employee.
- When reorganizing or changing the jurisdiction of an enterprise.
- Upon admission to another employer (paragraph 5 of article 77 of the Labor Code of the Russian Federation),
- With a significant change in working conditions.
- If the employee does not fit this work for medical reasons, and he does not want to get another job (Article 77 of the Labor Code of the Russian Federation, paragraph 8).
- When the organization moves a considerable distance.
- When applying for a job, the rights of a new employee were violated.
- In circumstances independent of both parties to the employment contract.
Additional circumstances under which termination of employment agreements is possible:
- Bankruptcy and liquidation of the organization.
- A part-time employee may be dismissed if a new employee is accepted in his place, with whom an indefinite contract has been concluded.
- Teachers may be fired due to violation of labor discipline and the charter of the educational institution.
- The ambassador at the representative office of the Russian Federation abroad cannot fulfill his obligations (341st art. TC).
- In case of loss of qualification by an athlete or violation of all-Russian anti-doping rules.
Employee initiative
P3 Art. 77 of the Labor Code of the Russian Federation involves the termination of labor agreements on the initiative of the employee. The employee has the right to quit at will. At the same time, the employer must be informed of the dismissal in 14 days so that he can prepare all the necessary documents and find a new specialist for the vacant position. When it comes to a seasonal contract or fixed-term employment contract, this period is reduced to three business days.
The employee has the right to withdraw the application for resignation in a 14-day period. But, if the management of the organization found a candidate for a vacant position, it will not be possible to withdraw the application.
Employer initiative
Point 4 of Art. 77 of the Labor Code of the Russian Federation states that the dismissal of an employee may be initiated by the employer. Disciplinary reasons may also be grounds for termination of the agreement:
- Insufficient qualifications do not allow the employee to fulfill official duties (the decision is made by the certification committee).
- Repeated violation by an employee of labor discipline and organization routine.
- A single gross violation of discipline.
- Providing fake or invalid documents for employment.
The management team of the organization can be dismissed in case of one-time gross violations of the labor schedule or when making a decision that entailed the loss of the company's property or its reputation.
The initiative may come from the employer and for organizational reasons:
- Staff downsizing.
- Change of ownership of the organization.
Independent circumstances
None of us are safe from force majeure. Therefore, the employment agreement may be terminated for independent reasons, as a rule, with the intervention of a third party or force majeure. Such cases include:
- Military service in the Armed forces of the Russian Federation.
- The court makes a decision on the impossibility of the employee to fulfill obligations at the previous workplace.
- Employment of a previously dismissed employee by court decision if his workplace is already taken and he does not want to be transferred to another position.
- Depriving an employee of a license to carry out activities.
- Death of one of the parties to the agreement.
- Natural and social disasters.
Termination of employment
Art. 77 of the Labor Code of the Russian Federation establishes reasons for terminating an employment agreement. How does the dismissal process take place?
The order to terminate the employment agreement is a document confirming the legal grounds for dismissal. The order form is unified. It is compiled by the personnel department. It indicates the reason for dismissal and the date of termination of the contract. The employee needs to familiarize themselves with the order for signature. This obligation lies with the specialist personnel department.
If necessary, this document also reflects the opinion of the head of the trade union organization. If the accountable is dismissed, a certificate of absence of debt is attached to the order. On the last day of work, the employee is issued a work book and final settlement is made.
The timing
The last day of performance of duties is the date of dismissal. However, upon prior agreement with the management, the employee may resign at any time. A citizen is notified of termination of employment in 3 days, in accordance with article 79 of labor law.
Arbitrage practice
Often there are situations in which a dismissed employee initiates legal proceedings when the employment agreement is terminated due to a change in the essential terms of the contract. Dismissal will be recognized as unlawful if the employer does not prove that a change in the organization of production really entailed a change in working conditions. The wording in the order on the employee’s inconsistency of the post is also illegal.
Art. 77 of the Labor Code of the Russian Federation states the general grounds on which an employment contract can be terminated. Knowledge of the procedure for terminating labor agreements will help citizens to navigate in this situation and to avoid violation of their rights and freedoms.