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The employment contract is terminated at the initiative of the employer. Termination of an employment contract

An employment contract may be terminated only on the grounds provided for by this Code.

grounds for termination employment contract are:

1) agreement of the parties (Article 37);

2) expiration of the term of the employment contract (paragraphs 2 and 3 of article 17), unless labor Relations actually continue and none of the parties has demanded their termination;

3) termination of the employment contract for own will(Article 40), or at the request of the employee (Article 41), or at the initiative of the employer (Article 42);

4) transfer of an employee, with his consent, to another employer or transfer to an elective position;

5) the employee's refusal to be transferred to work in another locality together with the employer; refusal to continue work in connection with a change in essential working conditions, as well as refusal to continue work in connection with a change in the owner of property and reorganization (merger, accession, division, separation, transformation) of the organization;

6) circumstances beyond the control of the parties (Article 44);

7) termination of the employment contract with a preliminary test (Article 29).

15-17. Termination of the employment contract at the initiative of the employer

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, may be terminated by the employer in the following cases:

1) liquidation of an organization, termination of activities of an individual entrepreneur, reduction in the number or staff of employees;

2) inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work;

4) systematic non-fulfillment by the employee without good reason of the duties assigned to him by the employment contract or internal labor regulations, if the employee was previously subjected to disciplinary measures;

5) absenteeism (including absence from work for more than three hours during a working day) without good reason;

6) absenteeism for more than four consecutive months due to temporary incapacity for work (excluding maternity leave), unless the legislation establishes a longer term for maintaining a job (position) in case of a certain disease. For employees who have lost their ability to work due to an industrial injury or occupational disease, the place of work (position) is retained until the restoration of their ability to work or the establishment of disability;

7) appearing at work in a state of alcoholic, narcotic or toxic intoxication, as well as drinking alcoholic beverages, using narcotic drugs or toxic substances in work time or at the place of work;

8) committing at the place of work the theft of the property of the employer, established by a court verdict that has entered into legal force or a decision of the body whose competence includes the imposition of an administrative penalty;

9) single gross violation labor protection rules that caused injury or death of other workers.

Article 43. Procedure and conditions for termination of an employment contract at the initiative of the employer

Termination of an employment contract on the grounds specified in paragraphs 1 (with the exception of the liquidation of an organization, termination of the activity of an individual entrepreneur), 2 and 3 of Article 42 of this Code is allowed if it is impossible to transfer the employee, with his consent, to another job (including retraining). ).

It is not allowed to dismiss an employee during a period of temporary disability (except for dismissal under paragraph 6 of Article 42) and during the period the employee is on vacation, except in cases of liquidation of the organization, termination of the activity of an individual entrepreneur.

When terminating an employment contract in accordance with paragraph 1 of Article 42 of this Code, the employer is obliged not less than two months before the dismissal, if longer periods are not provided for in the collective agreement, agreement, to warn the employee in writing about the upcoming dismissal. In the event of an upcoming mass layoff of workers, the employer is obliged to notify the state employment service authorities of this at least two months in advance, indicating the profession, specialty, qualifications and wages of workers. The criteria for the mass dismissal of workers are determined by the Government of the Republic of Belarus or an agency authorized by it.

The employer has the right, with the consent of the employee, to replace the warning about the upcoming release with the payment of compensation in the amount of two months' average earnings. At the same time, if the initiative in reaching such an agreement comes from the employer after the employee has been warned about the upcoming release, compensation is paid in proportion to the time remaining until the end of the two-month notice period.

During the period of warning provided for by this article, the employee fulfills his labor duties, obeys the rules of the internal labor regulations, he is guaranteed conditions and remuneration on an equal basis with other employees. Until the expiration of the warning period, the dismissal of an employee on the specified grounds without his consent is not allowed.

During the period of warning provided for by this article, the employee is provided with one free day a week without pay (by agreement with the employer - with pay) to resolve the issue of self-employment with other employers.

Getting a job, you need to know your rights and. When a person leaves his job, the relationship between him and the employer is terminated. The dismissal of an employee can result in adverse consequences for both parties. Therefore, it is necessary to be interested in all legislative innovations.

Upon dismissal of an employee, the employment contract terminates. Termination of an employment contract is an action that has legal force and is associated with the termination of the agreed obligations in the field of labor relations. The interruption of the TD involves each of the parties.

There is a list of legal grounds for terminating an employment contract

There are 4 types of grounds for terminating an employment contract:

General
Additional
circumstantial
Legal

Common reasons for aborting an AP:

Decision by agreement of both parties
Expiration of a fixed-term contract
Independent decision of the employee to dismiss
The decision of the management of the enterprise to dismiss the employee
Unwillingness of a person to work in a reorganized enterprise
The unwillingness of the employee to have an employment relationship with the newly introduced management of the company
Unwillingness of an employee to work in a company where jurisdiction has changed
The unwillingness of the employee to work in the organization if there has been a change in working conditions, but he is not satisfied with them
The unwillingness of the employee to be transferred to other working conditions according to the medical examination
Violation of rules and regulations in the employment of an employee

Additional grounds for interrupting a TD include:

Termination of the company's activities due to bankruptcy
Completion of a TD with a part-time employee, provided that a replacement has been found for him to work on a permanent basis
When a teacher violates the charter of a general education institution, exerts psychological pressure on a pupil or student
The impossibility of the ambassador from the Russian Federation in foreign countries fulfill their duties. For example, in the context of a declaration of war, an epidemic, or an ambassador declared persona non grata
Violation by an athlete of Russian anti-doping regulations or loss of his qualification

In relation to civil servants and law enforcement officers, requirements also apply, but special requirements are provided for these categories.

Termination of the employment relationship can be carried out if there are specific reasons. But there are circumstances in which the decision to dismiss a subordinate will not be made by either party:

Call for an employee
Reinstatement of an employee to a position by a court decision or labor inspectorate
Release of an employee from the performance of duties by a court decision
Release of an employee from the performance of duties by decision
Evidence of the death of an employee or employer

The occurrence of conditions that are recognized as emergency at the state level:

Specialist disqualification. A specialist may be removed from the opportunity to use a license. There may also be a temporary suspension of use permit document for a period of 2 months
No reason to work with classified material
Cancellation of a court decision to reinstate an employee to a position
Regulation labor law carried out by the Labor Code of the Russian Federation.

Legal grounds for termination of an employment contract - comment by the head of the legal affairs department:

Who is authorized to issue an order to terminate the TD?

Standard forms of orders to interrupt TD are needed to maintain personnel records. Based on this, drawing up an order to terminate the TD is assigned to the personnel department of the organization.

The procedure for drawing up an order

There must be legal grounds for terminating an employment contract

When drawing up an order for an employee personnel department is obliged to familiarize the departing employee with this administrative document. It indicates the basis for the dismissal of the employee and if the person agrees with the text of the order, then he must put his signature there.

On the last working day, the retiring person is handed over and the final accruals and calculations are made. This is how the procedure for terminating an employment relationship between an employee and an employer should look like.

Calculation of payments

The accounting department of the enterprise must calculate all unpaid days, taking into account all due bonuses, allowances and other types of payments that are provided for by the company's administrative documents. Referring to the sheet of temporary disability, an accrual should be made for all the days of illness of the dismissed person.

The accounting department must also calculate compensation for the resigning employee. unused vacation or vacation days.

One-time allowance

The Labor Code also provides for cases in which it is charged, which is equal to the amount of the average monthly wage. The allowance is calculated in such special cases as:

Reducing the number of employees
Organization liquidation
Enterprise reorganization

For the same reasons, a one-time allowance should also be paid to seasonal workers. The amount of a one-time allowance should be equal to the average earnings for 2 working weeks. Severance pay provided individuals who were dismissed due to the erroneous registration of the personnel department of their recruitment. The amount of the severance pay will be equal to the sum of the average monthly salary.

If employees were not warned about the liquidation of the organization 2 months before the start of the liquidation procedure, then they need to write an appropriate application, on the basis of which a one-time allowance will be paid for 2 months.

If the organization has a new owner who decides to change the entire management apparatus, then a one-time allowance must be paid to the former management apparatus within a 3-month period.
The Labor Code also provides for the payment of benefits for 2 weeks upon dismissal:

In connection with the deterioration of health, due to which the employee is not able to perform his duties:
When drafted into the army
Due to the reinstatement of a previous worker
Relocation of the enterprise and the refusal of the employee to follow him

Cases that serve as grounds for termination of TD

The employee is not always the initiator of the termination of the employment contract

There is a whole list of cases, referring to which the TD is interrupted. This includes:

Deterioration of employee health due to harmful conditions labor, but at the same time transfer to another workplace not offered
Inappropriate employee education
Disqualification of an employee and a court decision to remove an employee from office
The beginning of the liquidation of the company or the reduction of employees
Violation work discipline for which he was penalized
The employee cannot cope independently with his job responsibilities
Change of company owner

An employer has the right to fire an employee if:

The employee did not show up for work within 4 hours and did not provide an explanation
Finding an employee in a state of intoxication at the workplace
Employee stealing or leaking information to strangers
The employee provided "fake" documents
The employee has lost the trust of management
An accident occurred due to the carelessness of the worker

Features of termination of TD

The employment contract may be terminated if a foreign citizen does not have the right to be in the territory of the Russian Federation. The vice-rector of the university is invited to resign simultaneously with the end of the rector's stay in it.

TD termination period

The termination of the TD occurs on the last working day of the employee. If the dismissal is carried out with the consent of both parties, then it can be at any time. If an employee wants to quit on a personal initiative, he needs to write an application 2 weeks before the actual dismissal.

An employee who worked part-time in an organization may be fired when another employee is found in his place, ready to work on a permanent basis. The end of seasonal work comes from the day the season ends.

Notification

Reduction of staff as a reason for termination of an employment contract

Russian legislation provides for informing the employer of the employee about the termination of the employment contract 3 days before the end of its validity. Such notification must be sent if it was for a specific period.

This notice must be signed by the resigning person, because. By his signature, he confirms that he has read the notice. The most privileged workers are pregnant women and single mothers. The organization has the right to dismiss underage worker only after obtaining permission from government agencies.

Arbitrage practice

Often there are cases when the termination of an employment contract is carried out through the courts.
The Supreme Court of the Russian Federation on such cases explained:

The dismissal of an employee will be declared illegal if the employer has not presented evidence in court about changes in the organization of production that have significantly affected working conditions;
It is not allowed to dismiss an employee on the basis of an entry in the order indicating that the employee does not meet the requirements for replacing his own. This is unacceptable without certification of the workplace.
If necessary, you should seek the advice of a competent specialist.

The employee has the right on their own initiative terminate the employment contract at any time by notifying the employer writing For two weeks.

The employer, without the consent of the employee, does not have the right to dismiss him on the application submitted by him before the expiration of the notice period. 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 is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of the employee’s labor rights, terms of the employment or collective contract, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee's application. Here, immediate dismissal is possible.

Before the expiration of the termination notice the employee has the right at any time withdraw your application. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with the law, 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 notice period and the employee does not insist on dismissal, the employment contract is considered to be continued. However, if the employee refuses to continue the employment relationship, the employer is obliged to issue him a work book and make settlements with him. Otherwise, the employee is paid the wages he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter without work book for another job

The notice period is calculated from the day after the employee submits an application to calendar days. However, if the last day of the notice period falls on a non-working day, the expiration date of the notice period is the next business day following it.

On the last day of work, the employer is obliged to issue a dismissal and payment, issue a work book to the employee with a completed record on the grounds for dismissal

13 Termination of the employment contract at the initiative of the employer

The grounds for dismissal at the initiative of the employer, which apply to all employees, no matter who and where they work, are called general, and those applied to certain categories are additional. upon dismissal, there should be a reference not only to Art. 81, but also to its corresponding paragraph, and to the reasons for dismissal.

Each of the grounds for dismissal under Art. 81 of the Labor Code has its own rules for the application and the procedure for dismissal. Therefore, dismissal at the initiative of the employer will be lawful not only when there is a ground specified in this article, but also subject to the simultaneous observance of the rules for applying this ground and the procedure for dismissal.

general guarantees upon dismissal: prohibition of dismissal during a period of temporary disability and during the period of an employee's annual leave, except in cases of complete liquidation of an enterprise, institution, organization, i.e. dismissal is not allowed during the absence of an employee at work for good reasons. It is not allowed to dismiss pregnant women at the initiative of the administration, both on general and additional grounds, except in cases of complete liquidation of an enterprise, institution, organization, when it is possible to dismiss, but with mandatory employment. In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, at her request, to extend the term of the employment contract until she has the right to maternity leave.

The employer has the right, with the written consent of the employee, to terminate upon liquidation organizations, an employment contract with an employee without a notice of dismissal, but with the payment of additional compensation in the amount of two-month average earnings (Article 180 of the Labor Code).

Dismissal with staff reductions it will be lawful if the following conditions are met at the same time: - there is indeed a reduction in staff, number; - the employer made an attempt to find internal employment, but the dismissed person refused the existing job offered to him; - the employee was warned about dismissal on receipt for 2 months; - was received preliminary consent of the trade union committee for this dismissal

With the consent of the employee, the employer may replace the warning with an appropriate compensation - two months' wages. The employer shall notify the seasonal worker in case of liquidation of the workplace and reduction of staff 7 calendar days in advance.

revealed inconsistency of the employee with the position held or the work performed due to a) the state of health, in accordance with the medical report, or b) insufficient qualifications, which is confirmed by the results of certification.

in case of change of ownership of the property of the organization(in relation to the head of the organization, his deputies and the chief accountant). it can be applied by the new owner of the property of the organization no later than 3 months from the date of its entry into the rights of the owner.

the following circumstances: - a disciplinary offense for which the employee is dismissed; - for the last working year he has a disciplinary investigation; - the rules for imposing penalties in terms and in the manner prescribed by the Code are observed; - the employer, upon dismissal, took into account the severity of the offense committed, the circumstances under which he was committed, as well as the previous behavior of the employee and his attitude to work.

dismissal for a single gross violation by an employee of his labor duties: a) absenteeism (absence from the workplace without good reason for more than 4 hours in a row during the working day); b) appearing at work 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; authorized to apply administrative penalties; e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences.

dismissal due to with the loss of trust of the administration to the employee, directly servicing monetary and commodity values (receiving, storing, transporting, selling them, etc.), who has committed guilty acts that give the administration grounds for losing confidence in him.

dismissal of youth educator for immoral act, incompatible with the continuation of this work. It can only be applied to those employees who are engaged in educational activities.

a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.

for the submission to the employer of false documents, knowingly false information when concluding an employment contract.

additional grounds for dismissal educational worker of an educational institution all levels:

1) a repeated gross violation of the charter of an educational institution during the year; 2) the use, including a single one, of methods of education related to physical and (or) mental violence against the personality of a student; 3) reaching the age of 65 years by the rector, vice-rector, dean of the faculty, head branch (institute), state or municipal educational institution of higher professional education.

state employee may be dismissed at the initiative of the administration on the following additional grounds: - reaching the age limit established for filling a public position in the civil service; - termination of citizenship of the Russian Federation; - failure to comply with the obligations and restrictions established for a civil servant by this Federal Law; - disclosure of information constituting state and other secrets protected by law; - the occurrence of other circumstances, i.e. cases when a citizen cannot be accepted or be in the public service, specified in paragraph 3 of Art. 21 of this Federal Law.

grounds for termination of an employment contract due to circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative service that replaces it. 2) reinstatement at work of an employee who previously performed this work, - by decision of the state labor inspectorate or the court. 3) non-election to office. 4) condemnation of the employee to a punishment that excludes the continuation of the previous work, in accordance with a court verdict that has entered into legal force; 5) recognition of the employee as completely disabled in accordance with a medical report. 6) the death of an employee or employer - an individual, as well as the recognition by the 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.

Labor Code provides whole line grounds for termination of an employment contract, which are referred to in article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article, we will look at exactly how the termination of an employment contract can occur.

General order

According to the Labor Code, when terminating an employment contract, an order or instruction from the employer must be issued, with which the employee must be familiarized by signature. If the employee refuses to sign the document, a corresponding entry is made on the order. A copy of the order or order, at the request of the employee, can be issued to him in his hands.

In any case, the day of termination of the employment contract is the last working day of the employee (with the exception of cases when the employee did not actually work, but his job was retained).

The employer is obliged to make an entry in the work book in full accordance with the Labor Code. This means that the wording must necessarily indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to give the employee a work book and full payment. If the employee did not appear for the documents, a notification should be sent to him about the need to receive a work book. If an employee who has not received a book on time requests that it be given to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and the employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal is significantly different from dismissal of one's own free will. For example, if an employee, after dismissal, registers as unemployed, the allowance will be determined for him not on the basis of the minimum wage, as for the dismissed of his own free will, but on the basis of the official salary for last place work.

An agreement on termination of an employment contract is concluded in writing and, in fact, is additional agreement attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by a human resources inspector or other authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of the employment contract, or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee works under a fixed-term employment contract, then three days before the deadline for its expiration - the actual dismissal - the employer must notify the employee in writing. This means that the employee must be given or mailed a notice of termination of the employment contract. A fixed term contract can be:

to perform the duties of a temporarily absent employee (such an agreement must be terminated simultaneously with the release of this employee to his place of work);
for the duration of a certain work (such an agreement is terminated upon completion of the work specified in it);
contract for the performance of seasonal work (such an contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such an agreement is extended until she has the right to maternity leave.

If an employee working on fixed-term contract, wants to quit of his own free will, then he must apply to the head (that is, notify him) three days before the date of dismissal.

Termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than a dismissal of one's own free will. The employee has the right to apply for resignation of his own free will at any time, at least two weeks before the date of dismissal, and the head of the organization - one month before. The reason for such dismissal may be any personal circumstances. But if the employee quits due to:

with admission to an educational institution;
retirement;
moving to another area;
due to violations of labor laws by the employer;
he has the right to be fired without work.

During the working time, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless quits, then on the last working day the employer is obliged to pay the employee in full, paying him the due wages, compensation, vacation pay, and also issue all required documents and workbook.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer did not calculate it on time and did not issue documents, is considered to continue working, and his application for dismissal is recognized as invalid.

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like the employee, has the right to terminate the employment contract on his own initiative. Grounds for termination may be general or additional. The general ones apply to all employment contracts, and the additional ones apply to employment contracts for certain categories of employees. Termination of an employment contract on general grounds can occur in several cases:

upon liquidation of the enterprise;
when reducing the staff or number of employees;
due to the inconsistency of the employee with the position held (due to low qualification, which is confirmed by attestation documents, for health reasons - confirmed by a medical report);
due to a gross single violation by the employee of labor duties (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
due to repeated non-fulfillment of labor duties (if the employee already has disciplinary sanctions);
committing theft, embezzlement, deliberate destruction and damage to property;
violations of labor protection requirements that caused an accident, accident, catastrophe or created a real threat to them;
for committing immoral acts (for teachers);
in case of loss of trust (for financial workers);
for making unreasonable decisions that led to the misuse of property (for managers, deputy heads, chief accountants);
for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that the appearance at work in the state alcohol intoxication must be recorded by an act confirming the presence of the employee at the workplace, and by a medical report.

An employer cannot dismiss an employee who is on sick leave or vacation (an exception is the liquidation of an enterprise).

If the employer is individual entrepreneur, then upon termination of his activity, he may terminate the employment contracts with his employees. In this case, the basis for terminating the employment contract will be an extract from the USRIP.

Additional grounds for terminating an employment contract

Termination of the employment contract by the employer is also possible on additional grounds, which are stipulated in other regulations. For example, teaching staff may be dismissed for the use of inappropriate methods of education (these include physical or psychological violence) or violation of the Charter of an educational institution (FZ "On Education"), and civil servants - for disclosing information constituting a state secret or occupation entrepreneurial activity(FZ "On public service").

With whom it is impossible to terminate the employment contract at the initiative of the employer?

pregnant women;
women who have children under three years of age;
single mothers who have children under the age of 14 or have a disabled child under 18;
other persons who are raising children without a mother.

Dismissal in the order of transfer

Such a dismissal can only be made if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this may be letter of guarantee or a signed job application). If we are talking about election to any elective position, then the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such a dismissal is possible if there has been a change in the ownership of the organization's property, a reorganization or a change in the jurisdiction of the institution. In this case, the employee simply submits a letter of resignation. This rule does not apply to the chief accountant, head and his deputy. An employment contract with them can be terminated at the initiative of the new owner of the organization's property within three months after the property rights arise for him.

Dismissal of an employee due to a change in essential working conditions

In practice, situations often arise when, when organizational or technological working conditions change, the terms of the employment contract also change, but without a fundamental change in the labor function. The employee must be notified of such changes in writing two months prior to their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work in the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions can lead to mass layoffs. In these cases, part-time work is possible, which can be introduced in agreement with the trade union for up to six months. If the employee refuses to work in the new conditions, then the termination of the contract occurs in accordance with Article 81 of the Labor Code of the Russian Federation.

Dismissal for health reasons

The employee has the right to apply for the provision of another job to him in accordance with his state of health, which must be confirmed medical documents. But if the organization does not have a suitable job or the employee refuses to transfer, then the termination of the employment contract occurs in accordance with article 77, clause 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee's statement about his transfer to another job and documents confirming the absence suitable job(or refusal of an employee to transfer to a specific job).

Termination of the employment contract in connection with the relocation of the employer to another locality

It happens that the owner of the enterprise transfers production to another area. In this case, the employer is obliged to notify the employees in writing about the transfer of production, and upon receipt of a refusal to transfer together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for terminating an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

conscription;
reinstatement of the former employee (by court order or decision of the labor inspectorate);
the inability to transfer to another job at the request of the employee;
non-election to office;
recognition of an employee as disabled according to medical documents;
condemnation of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
the death of an employee or his unknown absence;
emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by the decision of the Government of the Russian Federation.

The procedure for terminating the employment contract in this case requires the provision of documentary evidence of the occurrence of circumstances, and then, on the basis of the documents submitted (summon from the military registration and enlistment office, death certificate, court decision, medical report, etc.), an order is issued to terminate the employment contract.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes labor inspectorate violations that were committed at the conclusion of the employment contract are revealed. Such contracts must be terminated by law. The reasons can be very different, for example:

the contract was concluded with an employee who, by a court decision, is prohibited from holding this position or performing specific work (in this case, the employee must first be offered another job in writing, and if he refuses, terminate the employment contract with him);
the contract was concluded for the performance of work that is contraindicated for the employee for health reasons (there must be a medical certificate);
the contract was concluded with an employee without specialized education (if, in accordance with regulations the position or type of work performed by an employee requires special education of a certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee severance pay in the amount of average earnings. The exception is the situation when the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (provision of false documents).

Peculiarities of termination of an employment contract with foreign citizens

If the employer cooperated with a foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

When dismissing employees, for whatever reason it happens, employers have a number of responsibilities.

In this article we will tell you how the procedure for terminating an employment contract is regulated. Russian legislation what features are in the rules depending on the reason for dismissal.

General procedure for processing the termination of an employment contract

Relations with employees, the procedure for concluding and terminating an employment contract with them is regulated by the Labor Code of Russia (Labor Code of the Russian Federation). In relation to persons serving, these issues are regulated by special legislation.

Upon termination of an employment contract, for whatever reason it occurs (at the initiative of the employee, employer, for reasons beyond their control, etc.), the employer is obliged to correct design layoffs. Failure to fulfill this duty is fraught with various negative consequences for the company from a fine to the reinstatement of an employee at work. Here are the required steps:

issue a dismissal order;
familiarize the employee with this order against signature (if for some reason it is impossible to bring the order to the employee, a note is made on the order; if the employee refuses to familiarize and sign, an appropriate act is drawn up);
give the employee a copy of the order (at his request);
issue a work book to the employee and pay him off on the day of dismissal (if it is impossible to issue a work book for any reason, the employee must be sent a notice about the need to pick it up or agree to send it by mail; if the employee later applied for a work book, it must be issued within 3 working days).

In addition to those general responsibilities on registration of dismissal, the procedure for terminating an employment contract may be complicated additional responsibilities. Moreover, these responsibilities can be not only for the employer, but also for the employee.

Dismissal at the request of the employee

Forced labor is prohibited by article 37 of the Constitution of the Russian Federation. This prohibition finds its implementation in the norms of the Labor Code of the Russian Federation, according to which the employee has the right to terminate any contract at will. At the same time, the balance of interests of the parties requires protecting not only the interests of the employee who decided to change jobs, but also the employer, who needs to ensure continuity production process, and therefore, it takes time to select and train a new employee to replace the one who leaves.

Therefore, the articles of the Labor Code of the Russian Federation provide for the obligation of employees to notify employers in advance of their dismissal. The general notice period is at least two weeks before dismissal. In some cases, the labor law allows a warning no later than 3 days in advance (for example, upon dismissal for probationary period). When dismissing managers, a longer notice period is set - no later than one month. And in some cases, an employee may leave without warning at all (when retiring, entering a educational institution etc.).

Peculiarities of terminating fixed-term employment contracts

The employee must be notified of the termination of such an agreement three days before the expiration of its validity. Notification must be made in writing. It is not necessary to warn if the contract is concluded during the absence of the main employee.

What if the employer did not fulfill his obligation and did not warn the employee about the upcoming dismissal? We believe that such a dismissal will not become illegal. A fixed-term employment contract is terminated upon expiration of its term by virtue of