If the contract is terminated by agreement of both parties (the so-called termination by agreement of the parties), there is no need to explain on what basis such an agreement has been canceled.
In particular, in such a turn of events, mutual concessions suit either side. If the employer terminates the employment contract with an employee who does not suit him, then this employee may stop working and leave his workplace. The employer in this case is not obliged to listen to the opinion of the union.
An employment contract can be terminated at any convenient time, even before the trial period expires or the employee’s fixed-term employment contract expires. The significant amount of the benefit paid to the employee dismissed at his own request guarantees that the employment record will be “neutral”. In case of cancellation and invalidity of the labor contract, special concessions and agreements between the parties are possible, they can be expressed in the amount of material compensation, order, terms of fulfillment, etc.
Such dismissal - by mutual agreement of the parties - is called a "golden parachute" in everyday life.
How does the dismissal occur by agreement of the parties? What are its features? What is the procedure for dismissal by agreement of the parties? In accordance with Russian law, an agreement (or contract) can 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 during temporary disability of this employee.
If the initiative comes from an employee, the employer does not have such privileges. The exception is circumstances such as the transformation of the organization, its abolition, as well as the termination of the activities of the employer. In these situations, the union does not monitor the dismissal of an employee from the organization. On the same conditions, you can terminate the student agreement (contract) - this procedure is the same as the process of canceling an employment contract.
Dismissal procedure by agreement of the parties
The cancellation and termination of labor relations by agreement of the parties is also regulated by article 77 of the Labor Code of the Russian Federation.
Nevertheless, guided by the instructions for filling out the work book, special attention should be paid to the first paragraph of Article 77 of the Labor Code. The order should contain a reference to this item.
We will carefully analyze the procedure for canceling an employment contract by mutual agreement.
The first stage begins when one of the parties acts as the initiator of the termination of the contract, that is, the initiation document is drawn up.
Let us analyze the situation when an employee initiates the termination of an employment contract. First of all, the employee must send the offer to the employer - a proposal that must be either approved by the manager or not. The offer itself must be executed in the form of a statement. When writing such a document, problems usually arise with the wording of sentences in the text. Most often, such an error occurs (one of the erroneously composed statements): “Please release me on 08/12/2009. from the post 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 statement implies that there is still some side, 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.
It is more correct to apply the following wording in the application: “Please terminate the employment contract with me from 08/12/2009. on the basis of the first part of Article 77 of the Labor Code. ” Here is another version of such a statement: "I ask you to sign an agreement to terminate the employment agreement with me from 08/12/2009, based on the first paragraph of Article 77 of the Labor Code." In this case, some nuances should be taken into account.
In order to terminate the agreement by agreement of the parties, the text in the application must comply with the examples above . If the employee does not want to dismiss by agreement of the parties, but, on the contrary, wants to terminate unilaterally, then the agreement cannot be broken in the form of cancellation of the labor 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.