action employment contract stops:
-By at will worker
-at the initiative of the employer
-may be due to failure to fulfill one’s duties at work
- absenteeism without good reason
-committing theft
...............
well, in other cases, this is the main thing
-

If you don’t swear, I found it on the Internet Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of this Code), except for cases when labor Relations are actually continuing and neither party has demanded their termination;

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

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

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

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

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) refusal of the employee to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation, or the employer does not have the appropriate work (parts three and four of Article 73 of this Code);

9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

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

Answer

Answer

Other questions from the category

Make a plan) highlight the main semantic parts “Freedom is undoubtedly one of the goods most valued by man. For centuries

humanity has made the greatest sacrifices in order to win or defend freedom. In youth, an instinctive craving for freedom manifests itself. Crimes are punishable by imprisonment. The word “freedom” can mean very different things. In fact, “to be free” means to have freedom of choice. But one cannot remain without choice, and from the moment the choice is made, a person loses part of his freedom. Freedom is fleeting and elusive. If freedom is the primary condition of human dignity, it is nothing without education, not that education that is imposed from the outside and binds, but that which is acquired on the basis of experience, reflection or consciousness. The realization of freedom is quite difficult: it is necessary to make choices, and different choices give different results. Essentially, human nature is such that some options are harmful to him, while others are indifferent or beneficial. ... some elections are catastrophic, as everyone sooner or later discovers from their own experience. Teaching freedom is thus even more important than freedom itself. Very often they believe in the neutrality or indifference of choice - there is nothing more dangerous. There is one way to live life that allows each of us to avoid large quantity troubles, but there are also those that lead us to dullness, enslavement or self-destruction. A person is the more free the more fully the choice he makes corresponds to his nature.” C6 The text expresses the proposition: “A person is the more free, the more fully the choice he makes corresponds to his nature.” Formulate your attitude to the given point of view. Based on the text and social science knowledge, give two arguments (explanations) in defense of your position.

"Personnel officer. Labor law for personnel officers", 2007, N 9

When an employment contract ends...

In connection with the amendments to the Labor Code of the Russian Federation introduced by the Law of June 30, 2006, the three grounds for termination of an employment contract contained in Art. 77, given in new edition. Currently, an employment contract with an employee can be terminated on 11 grounds...

Expiration of the employment contract

under paragraph 2, part 1, art. 77 Labor Code of the Russian Federation - (Article 79)

In accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded in cases where employment relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

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

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

An employment contract concluded for the duration of the performance certain work, terminates upon completion of this work.

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

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

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

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

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

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

If neither party has requested termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded for an indefinite period.

An employment contract concluded for a certain period in the absence of sufficient grounds established by the body exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing norms labor law, or by the court, is considered concluded for an indefinite period.

It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period.

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

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

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

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

4) with persons sent to work abroad;

5) to carry out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

6) with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

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

8) to perform work directly related to the internship and vocational training employee;

9) in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in bodies state power and organs local government, in political parties and other public associations;

10) with persons sent by employment services to temporary work and public works;

11) with citizens sent to perform alternative civil service;

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

By agreement of the parties, a fixed-term employment contract may be concluded:

13) with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field retail and consumer services - 20 people);

14) with age pensioners entering work, as well as with persons who, for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

15) with persons entering work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;

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

17) with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

18) with creative media workers mass media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion Russian Tripartite Commission for the Regulation of Social and Labor Relations;

19) with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

20) with persons studying full-time;

21) with persons applying for part-time work;

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

3. The employment contract has expired.

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

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

6. If the initiator of termination of the contract is an employee, then he is obliged to notify the employer about the termination of the contract. Despite the fact that the Labor Code of the Russian Federation does not establish the specifics of the warning, employees can, by warning the employer, give him time to prepare the termination, for example, by warning the employer three, or better, five days in advance. Of course, the warning must be in writing.

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

Termination of an employment contract at the initiative of the employee

under paragraph 3, part 1, art. 77 Labor Code of the Russian Federation (Article 80 Labor Code of the Russian Federation)

The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.

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

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law standards, conditions collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to give the employee work book, other documents related to the work, upon the written application of the employee and make a final settlement with him.

On the transfer on the day of dismissal of information on accrued and paid insurance contributions for compulsory pension insurance, see Federal Law of April 1, 1996 N 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system.”

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

The specifics of termination on this basis are explained in paragraph 22 of the Plenum Resolution Supreme Court RF dated March 17, 2004 N 2 “On the application by courts of the Russian Federation Labor Code Russian Federation." When considering disputes regarding termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (Clause 3, Part 1, Article 77, Article 80 of the Labor Code of the Russian Federation), the courts must keep in mind the following:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will (which is often done by various employers), then this circumstance is subject to verification, and the responsibility to prove it rests with the employee;

b) the employment contract can be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

If the employee’s application is due to the impossibility of continuing his work:

Enrollment in an educational institution;

Retirement;

The presence of other valid reasons due to which the employee cannot continue to work, for example, sending a husband (wife) to work abroad, to a new place of duty;

In cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. It must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor commissions labor disputes, court;

c) based on the content of Part 4 of Art. 80 and part 4 art. 127 of the Labor Code of the Russian Federation, an employee who has warned the employer about termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and when granting leave with subsequent dismissal - before the start day of the leave), and dismissal in this case is not carried out, provided that in his place in another employee has not been invited in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract (for example, by virtue of Part 4 of Article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from the previous place of work).

The employer has the right to invite a vacated workplace employee of your organization.

If, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (Part 6 of Article 80 of the Labor Code of the Russian Federation).

To terminate an employment contract under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the following facts are required:

1) the employee submitted a written notice of resignation of his own free will;

2) the application was submitted voluntarily and not forced;

3) the employee did not withdraw his resignation letter;

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

5) on the day of dismissal, the employer provided information on accrued and paid state pension insurance contributions - see Federal Law No. 27-FZ of April 1, 1996 “On individual (personalized) accounting in the state pension insurance system”;

6) the employer issued the employee a work book and other documents related to the work, upon the employee’s written application, and made a final payment to him.

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

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employee’s illegal removal from work, his dismissal or transfer to another job (Article 234 of the Labor Code of the Russian Federation).

Termination of the employment contract under clause 4, part 1, art. 77 -

at the initiative of the employer (Articles 71, 81 of the Labor Code of the Russian Federation)

There are at least three reasons for terminating an employment contract on this basis:

a) employee behavior that does not meet the employer’s requirements;

b) requirement government organization terminate the employment contract;

c) employer initiative.

When terminating an employment contract, the employer should remember that the organization’s main resource is its staff. At the same time, one of the qualities of an employer is the ability to forgive mistakes of employees and their shortcomings, which can be tolerable. The growing shortage of productive workers should also be taken into account. It is advisable for an organization to develop a methodology for calculating the cost of dismissing one employee, which may include all the costs of searching, training and adaptation of a new employee. Termination costs should be considered in layoffs.

When terminating an employment contract, you should keep in mind ILO Convention No. 158 on termination of employment at the initiative of the employer, which was adopted in Geneva on June 2, 1982, as well as ILO Recommendation No. 166 of June 22, 1982, adopted on the same issue.

Mitigating the consequences of termination of employment

In the event of termination of an employment relationship for reasons of an economic, technological, structural or similar nature, it is necessary, through measures appropriate to the circumstances of each country and taken by the competent authority, if possible in cooperation with the employer and the relevant workers' representatives, to facilitate the earliest possible placement of the dismissed workers in other employment and, if necessary, , their receipt of vocational training or retraining.

The employer should, whenever possible, help laid-off workers find another job. suitable job, for example through direct contacts with other entrepreneurs.

To assist displaced workers in obtaining other suitable employment or vocational training or retraining, the 1975 Convention and the 1975 Human Resources Development Recommendation may be taken into account.

In order to mitigate the adverse consequences of termination of employment for reasons of an economic, technological, structural or similar nature, it is necessary to take into account income protection during any period of vocational training or retraining and partial or full compensation for the costs associated with vocational training or retraining, as well as searching for and finding another job that requires a change of residence.

It should be remembered that representatives of employees participating in collective negotiations during the period of their conduct cannot be dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent, except in cases of termination of the employment contract for committing an offense for which, in accordance with the Labor Code of the Russian Federation, Other federal laws provide for dismissal from work (Part 3 of Article 39 of the Labor Code of the Russian Federation).

Representatives of workers and their associations participating in the resolution of a collective labor dispute during the period of resolution of a collective labor dispute cannot be dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent them (Part 2 of Article 405 of the Labor Code of the Russian Federation).

Every employee feels calm and confident at work if two conditions are met:

The first is a stable position in the organization, protection from dismissal by the employer’s promise. In some organizations, behind the entrance of the organization on its territory there is a poster - “We work without layoffs.” This, of course, does not mean that the employer will not get rid of the lazy person and the attacker, but he undertakes not to fire the rest;

Secondly, employees are given a development perspective for the organization, published in the personnel development program, which has three parts: strategic for 15-20 years, medium-term for 4 years and an action plan for one year.

Only from a calm and confident employee in an organization can you get maximum output and productivity.

Termination of the employment contract under clause 1, part 1, art. 81

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

employer's activities - individual

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

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

2. The employee must be personally notified in writing about the liquidation of the organization against receipt at least two months in advance - Art. 180 of the Labor Code of the Russian Federation, or according to Art. 180 of the Labor Code of the Russian Federation, the employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings.

3. In accordance with Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation”, employers promptly, no less than three months in advance, and in full provide the employment service bodies and the trade union body or other representative body of workers with information on possible mass layoffs of workers, the number and categories of workers they may affect, and the period during which they are scheduled to be carried out, and bear responsibility in the prescribed manner.

4. If the employee is under 18 years of age, the employer is obliged:

a) obtain the consent of the commission for minors’ affairs and protection of their rights - Art. 269 ​​Labor Code of the Russian Federation;

b) obtain consent state inspection labor.

5. In accordance with Art. 62 of the Civil Code of the Russian Federation founders (participants) legal entity or the body that made the decision to liquidate the legal entity are obliged to immediately notify the authorized state body in writing for inclusion in the Unified State Register legal entities information that the legal entity is in the process of liquidation.

6. Liquidation of an organization or its divisions requires advance notification, at least three months in advance, of the relevant trade unions and negotiations with them on compliance with the rights and interests of trade union members (Article 12 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity").

The specifics of terminating an employment contract on this basis are explained in paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

A circumstance that is important for the correct resolution of claims for reinstatement of persons whose employment contract was terminated due to the liquidation of the organization or termination of activities by the employer - an individual (Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation) is the actual termination of the organization’s activities or an employer - an individual.

The basis for dismissal of employees under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation can serve as a decision on the liquidation of a legal entity, i.e. a decision to terminate its activities without transferring rights and obligations by way of succession to other persons, adopted in the manner prescribed by law (Article 61 of the Civil Code of the Russian Federation).

If the employer was an individual registered as individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, in particular when the activities of an employer - an individual - are terminated on the basis of decision taken due to his recognition as insolvent (bankrupt) by a court decision (clause 2 of Article 25 of the Civil Code of the Russian Federation), due to the expiration of the certificate of state registration, refusal to renew a license for certain types of activities.

The termination of the activities of an employer - an individual who did not have the status of an individual entrepreneur - should be understood as the actual termination of such an employer's activities.

When considering cases of reinstatement of civil servants dismissed due to liquidation government agency or reduction of civil service positions, one should be guided by the provisions of Art. Art. 31, 33 and 38 of the Federal Law of July 27, 2004 N 79-FZ "On State civil service Russian Federation".

It must be borne in mind that, based on Art. 73 of the above-mentioned Federal Law of the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation containing labor law norms, may be applied to relations related to the civil service, to the extent not regulated Federal law"On the state civil service of the Russian Federation."

In this regard, the defendant must provide evidence confirming that after the notice of dismissal, the civil servant was offered vacant positions in this government body, and in their absence, at least one vacant position in another government body and he refused the offered job or refused undergoing retraining (requalification) in the manner established by the legislation of the Russian Federation and constituent entities of the Russian Federation on public service.

Moreover, under the proposal vacant position is understood to come from an authorized official government agency proposal for appointment to public office civil service, including lower ones, the duties for which a civil servant can perform taking into account his profession, qualifications and previously held position.

Evidence in cases of this category, in particular, may be: copies of acts on the appointment of a civil servant to a civil service position and his dismissal from this position, a copy of the act on the liquidation of a state body or the reduction of its staff (number), a copy of the warning about the dismissal of a civil servant , a copy of the act (certificate) on the offer of a vacant position, staffing tables divisions of the government body in which the civil servant held a position, on the day the civil servant was warned about dismissal and on the day of dismissal, a certificate of salary (remuneration) of the civil servant.

V.Shkatulla

Professor

Signed for seal

• Personnel records management

Keywords:

1 -1

The general grounds for termination of an employment contract are set out in Article 77 of the Labor Code. The concept of “termination” itself is broader than “termination” of a contract, since it includes all cases of termination of an employment contract under the Labor Code and federal regulations.

Grounds for termination of an employment contract

General grounds for termination of an employment contract are divided into the following:

• employee's desire;
• employer initiative;
• consent of the parties;
• expiration of the contract.

Termination of an employment contract is the end of its validity for one of the legally established reasons. If the employment contract was terminated for another reason not specified in the Labor Code, then this may be regarded as illegal actions or labor discrimination. As a result of an employee's complaint, he may be reinstated.

If an employee can express his desire for an employment contract at any time and not focus on the reasons, then the employer can be guided only by a narrow list of grounds, for example, when terminating his activities due to, due to non-certification or gross violation duties or the commission of guilty actions by the employee (theft, appearing at work in the form of,) etc.

General grounds for termination of an employment contract, which are listed in Art. 77 of the Labor Code are specified in other articles of this law and other legal acts.

The grounds for termination of an employment contract are:

1. according to the norms of Art. 78 TK.
2. validity of the employment contract under Art. 79 TK(except for situations where none of the parties requested termination of the employment contract within the established time frame).
3. Termination of an employment contract at the initiative of the employee under Art. 80 or employer under Art. 71, 81 TK.
4. Due to circumstances beyond the control of the parties(under Article 83 of the Labor Code).
5. employee at his request(or on the basis of his consent) to work for another employer or for an elective position.
6. Refusal of an employee to continue working due to a change in property ownership with a change in the jurisdiction of the company (its reorganization) under Art. 75 TK.
7. Employee refusal to continue working due to change(under Part 4 of Article 74 of the Labor Code).
8. Refusal of an employee to transfer to another job, which is required for health reasons(based on parts 3, 4 of article 73 of the Labor Code).
9. Refusal of an employee to transfer to work in another location together with the employer according to Part 1 of Art. 72.1 TK.
10. For violation current rules concluding an employment contract, which make further continuation of work impossible (under Article 84 of the Labor Code).

The specified general grounds for termination of an employment contract are the same for all categories of employees. For certain groups of specialists, additional and special grounds may be provided: for example, for home workers and workers, teachers for committing immoral offenses or athletes for doping, etc.

For employees holding elective positions, the employment contract terminates if they are not elected for a new term.

In Part 2 of Art. 77 of the Labor Code mentions the grounds for termination of an employment contract, which are related to the requirements of the Code of Administrative Offenses of the Russian Federation, the Federal Law “On Civil Service”, “On Service in customs authorities RF" etc.

Termination procedure

Fixed-term employment contracts are terminated upon expiration of their validity period. At the same time, the employer is assigned the obligation of the employee to indicate his desire to terminate the employment relationship three days in advance. If this is not done and the employee is not fired before the end, then the contract automatically goes into status.

The procedure for terminating an employment contract will differ slightly depending on the basis. Thus, in order to comply with the law, the employer will have to warn the employee about the reduction or termination of activities as an individual entrepreneur in advance. Besides this, o mass reduction The employment service must be notified.

If the employee being laid off is a member of a trade union, then his dismissal is preliminarily agreed upon in trade union organization. There are also some special requirements that need to be taken into account: for example, the priority right to retain certain categories of workers at work (for example, those with high qualifications) or the need for documentary evidence of a gross offense (for example, a court verdict based on the fact).

If the contract is terminated at the initiative of the employee, then he must submit a notice of dismissal to the employer. This must be done 2 weeks before the upcoming dismissal, since the employer has the right to set such a period to find a replacement and transfer cases to another employee. Moreover, by agreement of the parties, the employment contract may terminate before 14 days have expired.

For short-term and seasonal contracts, the application must be submitted 3 days before the upcoming dismissal.

In some cases, an employee may not work after submitting a resignation letter.. For example, if the reason for terminating an employment contract is the employee’s departure from work, then he himself can register the date of his departure. It is also not allowed to detain an employee who leaves work to care for a disabled child.

If the basis for termination of the employment contract is the agreement of the parties, then the employment contract terminates on the day specified in the signed document and on the terms of the agreement.

But regardless of the reasons for termination of the employment contract, this procedure involves going through the following stages:

1. Publication of dismissal and familiarization with it to the employee against signature. The order is issued by unified form T-8 or according to the form approved by the company. It must indicate the basis for dismissal and a link to a document that confirms the legality of the application of this basis (for example, an application for voluntary dismissal). If the employee refuses to sign the order, then a corresponding note is made about this.
2. Filling personnel documentation (personal employee card), etc.
3. Entering a notice of dismissal in. It is given to him on the last working day, about which the employee signs in a special journal. If he avoids receiving a work book, then the employer is obliged to send it to his home address.
4. Final payment to the employee on his last working day.

The date of termination of the employment contract is the employee’s last working day. If the employee did not fulfill his job responsibilities, then the last day is recognized as the day specified in the order (in accordance with Article 84.1). It is on this day that the employee must be finally paid and a work book must be issued to him.

The final payment amount includes earnings for hours worked and unused vacation upon dismissal. The payment is mandatory only when an employee is dismissed due to layoffs or liquidation; in other situations it remains at the discretion of the employer.

If during the final settlements the employer and employee have disputed amounts, then the employee is paid the undisputed part, and the rest is paid based on the results of resolving the disputed issues.

Thus, the general grounds for termination of an employment contract are described in detail in labor legislation. They depend on the type of employment contract concluded with the employee and on the employee’s status.

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When and in what cases is the employment contract terminated?

Dismissal of an employee is often associated with conflicts and violations. Therefore, both the employee and the employer need to know and navigate the rules for terminating an employment contract. When, on what grounds, in what cases is the employment contract terminated? We'll tell you in this article.

General grounds for termination of an employment contract

Let us list and describe the most common grounds for termination of an employment contract.

Dismissal at the initiative of the worker.

Dismissal often occurs on the initiative of the worker himself. Externally, this is formalized by the employee submitting a resignation letter. In this case, the employee must comply with the rule of the law about warning the employer of his intention to quit. By general rule from the moment of filing the application, at least 2 weeks must pass until the moment of dismissal, the so-called “working off”. This time is given to the employer to find a replacement for the retired personnel and carry out all other necessary measures in connection with the dismissal (transfer of cases, etc.).

What do you need to consider here? The notice period for dismissal for certain categories of employees may be shorter. Thus, seasonal workers can give notice of their dismissal in just three days. The same period is established for employees located. During the test, they can write a statement three times before dismissal.

And of course, the warning period may be reduced or not taken into account at all if the parties agree on this matter. For example, an employer agrees to dismiss an employee without mandatory “work off”.

Let us remind you that dismissal at the request of the employee is possible without any work at all. It depends on the reasons for dismissal. If the reasons for terminating an employment contract are related to retirement, caring for a sick family member and other cases, then the employer is obliged to dismiss the employee when he asks for it.

Dismissal “good” and “bad”

If the dismissal occurs “in an amicable way,” then compliance with the above rules is sufficient to terminate the contract. However, dismissal “on good terms” does not always happen and may be accompanied by conflicts.

Sometimes employers force employees to write statements of their own free will. Such actions are certainly illegal. And even if an employee writes a statement under pressure from the employer, he can subsequently turn to law enforcement and law enforcement agencies to protect his rights. control bodies(court, prosecutor's office, Labour Inspectorate) and achieve reinstatement at work. There are plenty of such examples in judicial practice, when in the trial the facts of forced dismissal at one’s own request were confirmed.

There may be another situation when the employer does not want to part with the employee and creates all sorts of obstacles for him on the way to dismissal. In such cases, employees need to stock up on evidence of committing legally significant actions. In this case, it is filing a resignation letter. These facts can be recorded by a receipt from an authorized person of the employer on the employee’s application, written in 2 copies; or confirmed by telegram, by registered mail with a description of the attachment and other methods.

Dismissal at the request of the employer

Depending on the grounds for termination of the employment contract, such dismissal can be very different. It’s one thing when an employee is fired due to staff reduction with the payment of 2 months’ severance pay; and it’s a completely different matter if he is fired “under article”, when such unpleasant information ends up in the work book. Often, employers, threatening an unwanted employee with such dismissal, force him to write a letter of resignation of his own free will.

You can read about “” in other materials on our site. Here we note that in addition to the “bad” reasons for terminating an employment contract, dismissal at the request of the employer may not be so negative. Such grounds for termination of an employment contract are dismissals due to:

• with the liquidation of an enterprise or company or the closure of an individual entrepreneur;
• reduction of the employer's staffing levels;
• conflict of interest and the employee’s unwillingness or inability to resolve it;
• change in the ownership of the property of an enterprise or company (applies to management personnel).

There is one thing general rule, which employers are obliged to comply with regardless of the reason for termination of the employment contract (good or bad). At the initiative of the employer, the law prohibits dismissing employees during periods of vacation or incapacity for work. This rule does not apply only to cases of closure of an individual entrepreneur or liquidation of a company.

Dismissals for other reasons

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

• by agreement of the parties;
• due to expiration of the contract;
• due to circumstances beyond our control.

The agreement of the parties must be reached in writing, drawn up in at least two copies (for the employee and for the employer). It often includes conditions regarding payments due to the employee in connection with dismissal.

If, and the parties have no intention of continuing it, then the relationship also ends. The employer has the obligation to notify the employee of the upcoming dismissal for this reason no later than three days before the dismissal.

Upon dismissal due to circumstances beyond the control of the parties, the employment contract is terminated due to conscription into the army, death, criminal prosecution, failure to be selected for the appropriate position, medical contraindications, etc.