Sample entry in the work book by agreement of the parties. Record in the work book about dismissal by agreement of the parties

On the last working day, the employee must receive a full calculation and a work book in his hands. What entry should be made in the document and what is the basis for filling it out? In the material below, we will tell you how to check the correctness of filling out the book so that there are no problems later when applying for a pension.

Registration of a work book at the enterprise is carried out by an employee of the personnel department. Sometimes these duties are assigned to another official as a combination of duties.

The main thing is that the responsible executor knows firsthand how and when the employee's work book should be filled out. Otherwise, he will simply spoil the document, he will have to make a corrective entry.

It is worse if corrections are not made, and when applying for pensions, the employee will not be counted in the calculation of part of the seniority. That is why the record of dismissal by agreement of the parties is so important.

Voluntary dismissal process

Dismissal involves a special procedure, which includes:

Agreement of the parties
Order based on mutual consent
Calculation of amounts payable
Processing and transfer of cases
Receipt of calculation and work book

Thus, the basis for filling out the work book is an order, which in turn is drawn up on the basis of an agreement.

PLEASE NOTE: An ordinary statement from an employee with a director's approval visa can also serve as an agreement.

Record of dismissal by agreement of the parties

All entries in the work book must be made on the basis of labor law. In this case, this is the main document regulating labor and employment in Russia, namely the Labor Code. If we are talking about dismissal by agreement of the parties, then you need to carefully read the information in article 77 of the document. It is this article that will be the basis for making an entry in the employee's work book.

IMPORTANT: before making an entry in an employee, make sure that the corresponding order has already been issued and signed by the parties.

Recording order:

Step 1: you receive an application from an employee with a director's visa or an agreement of the parties signed by the parties.

Step 2: prepare a dismissal order by agreement of the parties and sign it with the manager and employee.

Step 3: wait for the end of working out before making an entry in the work book, because the parties to the agreement can still change their minds.

PLEASE NOTE: if the order indicates dismissal by agreement of the parties, an entry in the labor is not made immediately, since the parties can cancel it at their mutual desire; on the other hand, such a basis does not allow unilateral refusal of agreements, for example, an employee cannot change his mind about quitting, as is the case with termination of employment relations on his own initiative.

Step 4: if the work is completed and the employee works for the last day, make an entry in the labor record - dismissed by agreement of the parties.

Step 5: on the last day before dismissal, issue the employee with a full calculation, income statements and a work book against signature.

As you can see, the procedure for compiling records in labor is debugged. There are special instructions for filling out the document. A personnel officer who has studied the rules of law knows perfectly well what and when to write on the form so that it does not have to be redone. The main thing to remember is that all corrections must be made in a special way:

No putties or grouts
Cross out the wrong value
Write correct text and/or date
Fix with the inscription: "Corrected to believe"
Certify the signature of the director and the seal of the organization

If you find an error, please highlight a piece of text and click Ctrl+Enter.

When an employee leaves his position, it is mandatory to make an entry in the work book about dismissal by agreement of the parties. The absence of this mark indicates that the dismissal did not take place officially, and the employee continues to be on the staff of the company.

What does mutual consent to dismissal mean?

As a rule, when terminating an employment relationship, an employee writes an application to leave the organization of his own free will or by agreement of the two parties. The name of the second option speaks for itself: the employer and the employee mutually agree to complete the cooperation. Both participants in legal relations derive some benefits from this method of dismissal: the employee is compensated in cash, the employer is given the opportunity to say goodbye to this employee as soon as possible.

In Art. No. 77 of part 1 of the Labor Code of the Russian Federation states that upon dismissal by mutual agreement of the employer and subordinate, the employee must write a statement. Further, an additional agreement is drawn up, in which it is necessary to specify in detail the exact date of cancellation of the contract and the amount of monetary compensation

Sample agreement on termination of an employment contract

A mark in the work book (form) indicates that the employee paid off his position not due to a conflict situation. A work book, a personal card, a copy of the order and a certificate of income are issued to the employee on the last day of work.

How to make an entry correctly?

Each officially employed employee has a personal file and a work book, which are stored in the personnel department. When an employee is dismissed, a HR specialist or the employer himself makes an entry in his labor office in the following sequence:

in the left column of the form indicates the number and actual date of the entry;
in the right column opposite the number and date, makes a record of dismissal by agreement of the parties;
below, after the previous entry, he writes the name and number of the order, which the employer must issue before the date of dismissal, since the employee must familiarize himself with his decisions;
after the employer certifies the mark with a signature and a seal in such a way that the entry itself remains legible.

All entries made in the work book must be legible, written in neat handwriting and not have any corrections. If an error is made during the registration of the entry, it is drawn up again.

An entry on the dismissal by mutual consent of the employer and employee in the work book should be made on the last working day, since unilateral reinstatement to the workplace in this case is impossible - this requires the consent of both the boss and the subordinate.

How to write a note correctly?

Most HR professionals do not know if there is an established template for a dismissal record by mutual consent of the boss and subordinate. The manual for the design of work books states that it is mandatory to indicate the following information in the notice of dismissal:

the name of the institution;
employee's position;
the reason for the cancellation of the employment contract;
article of the Labor Code, based on which the dismissal is carried out.

An example of a badly formatted entry:

Zima Ltd. Dismissed from the position of head of the department by agreement of the parties.

This entry does not indicate the article of the Labor Code of the Russian Federation, based on which the employee is dismissed, and the reason for terminating the contract. This wording of the record does not give it legal force. These requirements are spelled out in the Labor Code article No. 84.

Considering that the employment contract will be canceled, based on Article No. 77, paragraph 1, the dismissal note should contain the following:

Zima Ltd. On the basis of Article No. 77 of Part 1 of Clause 1 of the Labor Code of the Russian Federation, he was dismissed by agreement of the parties. Order No. 13 dated March 16, 2018 (indicated in the far right column).

The list of documents that the employee will receive upon dismissal:

form (work book);
income statement;
duplicate order;
private bussiness.

All marks in the work book, in order to have legal force, must be signed by the employee himself.

Common mistakes made when making entries in the workbook

A work book (form) is a document containing official information, based on which, when an employee reaches retirement age, insurance payments will be calculated, so making mistakes when filling out this document is unacceptable. However, there is such a thing as a “human factor” and quite often employees of the personnel department make mistakes such as: incorrectly recorded full name of an employee, name of an institution (organization), date of acceptance to a position or dismissal. What should personnel officers do in such a situation?

It is possible to correct incorrectly recorded data, but only by employees of the organization where the mistake was made, since the new boss will have the right to make his entries only after he receives official documents from the previous place of work.

Crossing out incorrectly written information is allowed only on the title page, in all other cases it is prohibited. Therefore, after an incorrect entry, it is necessary to indicate that entry No. 13 (for example) is invalid, and duplicate the mark without errors.

Another mistake often made by HR specialists is making entries in the wrong section of the work book. This happens when the pages in the "Employment Data" section end. This gross mistake can bring a lot of problems to the employee at the new place of work and negatively affect the amount of pension payments in the future.

In this case, an additional insert should be sewn on the last page of the form and an entry about the dismissal should be made on it. Each insert must have a series and number.

The most peaceful way to terminate labor relations between an employee and an organization can be called. This is a separate basis, which is drawn up in writing. But, despite the apparent simplicity, dismissal under this wording requires compliance with many nuances, which every personnel officer should be aware of. In this article, we will consider how the work book is filled out upon dismissal by agreement of the parties, so that it can be considered legally correct and does not violate the laws of the country.

This type of dismissal of an employee is based on Art. 78 of the Labor Code of the Russian Federation, according to which the employer can resort to this procedure at any time.

It turns out that the organization has the right to part with its specialist even during or on vacation.

Peculiarities

As a rule, the company plays the role of the initiator here, but there are cases when the employee himself makes such a decision and turns to his superiors for this. An offer from any party may come either orally or in writing. Any of these options is quite legitimate and can be applied in practice.

After the employee and the company have agreed on such termination of the employment relationship, an agreement must be drawn up. Its form is free, because there are no rules provided by the legislative authorities. This document is a confirmation of the mutual consent of the parties, and its details are just needed to write them in the order. The agreement can include such important points as:

The time period when the employment contract must be terminated definitively.
Financial compensation to a person and its size.
Relocation payment.
Bonus payment for the year of work.
Other conditions.

When the agreement is concluded, it must be signed by the head of the enterprise and the individual who works for him. It will be possible to cancel this paper after that only by mutual agreement, but not unilaterally. This should be taken into account.

Notes in the work book

It is important that the entry in the work book is correct, so the mark in the form of "dismissed by agreement of the parties" will not work. The wording should only be as provided for in Art. 84.1 of the Labor Code of the Russian Federation. And if you rely on this document, then you will need to write like this: “The employment contract was terminated by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation” (Article 77 of the Labor Code of the Russian Federation). A link to this article is required. You can write not “stopped”, but “terminated”. In general, the very wording of such a record is not as important as the reference to the TC.

In columns 1 and 2 of the book, you need to put the number and date of the entry, deviating one line from the previous entry. In column 3, an entry is made with the above wording. In column number 4, the employee of the personnel department must indicate the number of the dismissal order and its date. Everything written will have to be fixed with the personal signature of the responsible employee who executed the labor, as well as the company seal and the signature of the dismissed person. You can find a detailed sample.

Conclusion

Despite the fact that dismissal by agreement of the parties is the most painless and simple, here you need to know all the nuances well in order to make the correct entry in the work book and correctly create the necessary documentation. If the requirements are not met, this will entail the imposition of penalties or administrative liability on the company. Human resources representatives are responsible for this procedure, so they must be able to carry it out according to the letter of the law.

Most often in our country, according to statistics, there is a dismissal of one's own free will. This means that the employee consciously seeks to change his place of work, looking for further prospects and development in other places.

A record of dismissal according to all the rules for maintaining work books is put either by an employee of the personnel department, or by the employer himself.

Of course, this record must meet a number of requirements and at the same time not contradict the law. Each record left in the labor carries a special value, and the record of dismissal is no exception. By the way you leave an entry in the employee's work book, other employers, and the employee himself, will evaluate the prestige of your company.

Therefore, if you want to indirectly show that you have a fairly serious organization, as well as experienced and professional employees, make sure that the correct entry is made in the work book. Today, more and more attention is paid to the wording of certain entries in the labor book, however, since 2002, employees, employers, and personnel department employees have been embarrassed by one single entry that can be in the work book after dismissal.

It sounds something like this: dismissed by agreement of the parties. What does this phrase mean, and most importantly, in what cases it is applicable - read in our article.

What regulations are based on dismissal?

The wording "dismissal by agreement of the parties" in the Labor Code is relatively new. It appeared in 2002, when a huge number of changes were made to the code. At first, the employers themselves puzzled over what this reason for dismissal meant.

But time passed and gradually, working with practice, people understood the idea of the legislator and began to apply the wording as needed.

When leaving by agreement of the parties, it is necessary to be guided by some regulatory legal acts. The first is, of course, the Labor Code. Not only that dismissal must be the result of the will of both parties or one party It is also important that the reason for dismissal does not contradict the law.

If in terms of legislative consolidation it is worth referring to the Labor Code, then in terms of registration in the labor book, it is worth first of all to look at the provisions prescribed in the instructions for filling out and maintaining labor books.

It is also necessary to pay tribute to local regulations. For example, if the charter of the organization or the employment contract itself excludes the possibility of dismissal by agreement of the parties, which means that such an action is impossible a priori.

How to make an entry in the work book?

Before talking about how to correctly make an entry in the work book, which concerns the agreement of the parties, you need to figure out what such a dismissal is and how it differs so dramatically from dismissal of one's own free will.

Many employers and HR professionals are puzzled by this issue. The employees themselves are also perplexed when they see such a record, and that's why.

Workers and employers must come to a consensus on this issue. If the dismissal is voluntary, then implies the fact that the employee is ready to leave the organization where he performed the labor function with readiness, but the employer does not seek to let him go. This means the fact that the employee quits of his own free will, and the employer is far from welcoming this decision to terminate the employment contract, but according to the code, he simply does not have the right to retain the employee.

If we talk about dismissal by agreement of the parties, then everything here is extremely simple - both the employee and the employer are happy and ready to terminate the employment contract right there.

Of course, such a record demonstrates that when the employee left his place of work, there were no conflicts on the part of the employer.

Now let's move on to how to make an entry in the work book.

An employee of the personnel department or the employer must get the worker's work from the personal file. Having skipped the main turn, we open the labor one where the form is located.

We put in the leftmost column the serial number of the entry, as well as the date when it is made.

Now in the column where information about information about work is indicated, you need to write the reason for dismissal, the name of the organization, and also from which specific position the employee was dismissed.

Next, in the next column, we put the name of the dismissal order. More specifically, it is the number of the local regulatory act on the organization and the date of its adoption. In the order, employees are usually introduced to the fact of the dismissal of a particular employee and the reason.

The final touch is the appropriate stamp and signature of the employer.

Remember that all entries and notes made in the work book must be well readable, that is, made in clear handwriting. Avoid blots, because the work book is an official document.

Entry wording

For many employees of personnel departments, the correct spelling of such a basis as an agreement of the parties is still a secret. And, by the way, how to correctly enter this information in the work book has already been said in the relevant paragraphs of the instructions for employees of the personnel department.

The entry should contain information about the name of the organization, the fact of dismissal from a certain position and the reasons. So, for example, a record of dismissal by agreement of the parties may look like this: “OOO Buttercup. Dismissed from the position of a programmer by agreement of the parties.

Such an entry is considered correct and it is it that can be used as a template for making such entries in the work book.

Filling out a work book upon dismissal by agreement of the parties, a sample (example) of the entry:

This is where all the difficulties in entering information into the work book end.

Useful video

The video will acquaint you with the issue of dismissal by agreement of the parties in more detail:

Conclusion

Dismissal by agreement of the parties is perhaps one of the best types of dismissal. After all, this means that neither you nor your employer have any claims against each other, and you can easily look for a new job, and the employer - a new person for your position.

Do not be afraid of new formulations, it is better to find the weight of the answers to your question in the legislation and do not be afraid of changes and innovations.