Labor book Dismissal by agreement of the parties. Sample recording in the employment record of dismissal by agreement of the parties

On a row with the usual options for the dismissal of the employee there is dismissal by agreement of the parties. This option arises and is quite often and is one of the democratic options for the development of the situation, in addition, this is not a surrounding person. We analyze the advantages and disadvantages of this option, which compensation employee are due and what documents are issued.

The care of an employee from the company by agreement of the parties is alternative and sometimes the optimal option of dismissal is applied to a number of others, for example, with such as, but the meaningful load is somewhat different. For comparison, in the first case, the base will be a mutual agreement between the employee and the employer, and in the second wishes of the employee itself.

The initiator of such actions may be both an employer and an employee himself, they break up on a certain mutual agreement, which is regulated by Article 78 of the TC. Note that it is possible to interrupt labor relations at any time, by agreement. According to the Labor Code, it follows that, add-ons to the contract are drawn up in 2 copies, the dismissal agreement should be made in the same way.

And although the Labor Code does not require a certain form of such an agreement and it does not even undertake to do, but still it is strongly recommended to compile it to close all issues with an employee and have a documentary confirmation signed by both parties to the process.

Dismissal by agreement of the parties is initiated with a mutual agreement of the parties when drawing up a list of conditions.

In addition, this measure can be aimed at repaying the conflict between the parties, let's say if the employee refuses to dismiss and behaves any offensive actions. Of course, it will not be interesting to suddenly leave the workplace for the speculation of the employer who may have their thoughts to reduce such a workplace or to replace him with a new candidate.

Attention! In this case, there is one feature - the dismissal of the employee, which is on the decree or during pregnancy, is allowed, which in other cases it is strictly prohibited.

The initiator is the worker

If such a desire expressed an employee, he must draw the following actions:

Write an application for dismissal on the name of the head with the wording by agreement of the parties: "I ask to dismiss me or terminate the employment contract with the required date by agreement of the parties" and further describe your requirements

An employee should consider the conditions in advance and it is possible to use the services of a lawyer in compiling such a requirement.

The initiator is an employer

In the case of initiating such a process from the employer, it must do the following:

Write a letter to the employee in which to express his intentions
Specify the base of dismissal
The estimated termination date of labor relations

If the employee does not agree with the exhibited conditions, then it can write a response letter indicating its conditions for termination of labor relations. But it is better to solve these questions "at the negotiating table" for their results, it is necessary to compile a document reflecting the agreement of the parties.

The Labor Code does not require a certain form of such an agreement therefore it can be drawn up in an arbitrary form that it may contain:

Specifying in it of information about mutual agreement of the parties, to do this, include the wording that it is signed voluntarily, without any coercion measures.
Details of the current employment contract
Date of cessation of labor relations, which will be the last day of the employee's work, both parties must agree with it
Also striculated conditions, including a financial nature, if such available, indicating the amounts of compensation. You should divide the amounts of "compensation" from the standard compensation amounts when dismissal
Other essential conditions
Signatures of the parties of the negotiations

The advantage and disadvantages of termination of the contract by agreement of the parties in 2019

Advantage from dismissal by agreement

As an advantage, you can note:

The initiative to terminate the employment contract can proceed from both the employer and the employee
Do not obliged to indicate the reason for dismissal
There are no deadlines for submission of an application, as I say when dismissal at your own request, when an employee must notify the employer in two weeks, including the need to work, depending on the agreements reached
Labor relationships can be terminated when the test term passes
Conduct certain conditions (timing, day off, and so on)
Can be agreed including orally
Such a record does not spoil the employee labor book
An employee with such a wording has another month of continuous experience
Amount of unemployment benefit size in this case

disadvantages

Of course there are disadvantages that more relate to the minuses for the employee, and for the enterprise of course pluses:

Allows you to dismiss the employee who is on vacation (including maternity and during pregnancy) or on a hospital
There is no control over the legitimacy from trade union organizations
There are no warranties in compensation (indentation), if not specified in the Agreement
It is impossible to change or withdraw agreement after signing the agreement, only if both parties agree to this consent
No opportunity to sue and challenge these actions

Summary of disadvantages - do not be formed by the compilation of agreements signed on paper and fastened by the signatures of both parties

Dismissal by agreement of the parties to compensation

On a number of possible requirements for the payment of monetary compensation, the employee from the employer should be noted that, according to the law, monetary compensations are not obligatory under the legislation. Therefore, the requirements of the employee about the "compensation" will not always be satisfied, it all depends on the negotiations themselves. And most likely the employer will go about it more often in the case, if the initiative to terminate labor relations is precisely from him, and not from the employee.

Attention! Monetary compensation in such a dismissal is not a mandatory - this is the subject of the contract between the employer and the employee.

But do not forget that, according to the legislation, the employee is due to all the standard payments at the dismissal of the employee, such as - compensation for unused vacation, if there are no walking days, as well as payout payments for spent time. All payment data must be calculated and pay the employee on the day of dismissal. Regarding the "compensation", in the Agreement there may be a different date of payment of this amount.

It is worth noting that compensation (compensation), paid by agreement of the parties is also subject to all salary taxes.

If an employee took his leave in advance (on credit), then it is necessary to calculate the amounts that should be subtracted from the salaries due to the days spent.

Step-by-step actions when dismissing an employee by agreement in 2019

Step 1. Compose an agreement between the parties

The Labor Code does not describe how it is necessary to compile an agreement between the employee and the employer - in writing or oral form. And also there is no approved form for this document. However, it is recommended to draw up in writing: one copy with an employee's painting about its receipt from the company, and the second employee.

The document must contain the following information:

Date of the final working day.
Can an employee take a vacation with subsequent dismissal or not.
The amount of compensation payments, if such a place.
The procedure for transferring cases.

Attention! None of the parties entered into this Agreement cannot refuse to fulfill the agreed conditions. Changes in conditions can only be in the case of the mutual consent of the parties.

Step 2. To publish an order to dismiss the employee

The basis of termination of the employment contract is. In the document, details of the termination of labor relations signed between the parties should be reflected.

The basis of the termination of the employment contract in this case will be the following entry: "By agreement of the parties, paragraph 1 of Part 1 of Article 77 of the Labor Code of the Russian Federation". At the same time, the agreed conditions in the document are not specified.

After the publication of the order, the document must be registered in the book of registration of the company's orders.

Step 3. Find out the quantity

After the publication of the order, it is necessary to familiarize himself with him a dismissed employee. After reading the document, he must put his signature on the document. Without a signature, it will not be considered that the worker with him was acquainted.

Optionally, the employee has the right to make a copy or an extract from the order. The employer has no right to refuse him in such a request.

Attention! If the employee refuses to sign an order or for some reason can not do this, in the document it is necessary to make a mark about this. In the presence of witnesses, it is necessary to draw up an act of refusal to get acquainted with the order.

Step 4. Reflection Dismissal in Personal Card

Information about dismissal needs to be made to, which will start when receiving an employee to work. In the framework of the foundation of the termination of labor relations, the requisites of the order are made, and the date of dismissal is made.

After making an entry into the document, an employee must be familiar with the personal card by putting his signature. With the reluctance to sign the document, you must compile an act with witnesses.

Step 5. Admission to the employment record

Record in the labor, about the reasons for dismissal with reference to the appropriate article of the Code "dismissed by agreement of the parties", paragraph 1, part 1 of Article 77 of the Labor Code of the Russian Federation. " Moreover, without the announcement of the terms of this agreement.

Step 6. Compiled - Calculation of T-61 form about dismissal

To determine the exact amounts that it is necessary to pay an employee when the employment relationship is terminated, the calculation is calculated and is made to the Calculation note on the T-61 form. Based on this document, the cashier issues money to the dismissal.

In the front of the note, information is indicated about the place of work and the availability of the holidays unused during the operation. On the revolving side, calculation of accruals and holdings is made, and the exact amount leaning to the extradition of the hands.

Step 7. Make a full calculation

The employer is obliged to pay the full calculation on the last working day of the citizen:

, leaving for him for the month of dismissal.
If the annual paid leave was not completely consumed, then pay.
Pay a day off (compensation), if specified by a collective agreement, an employment agreement or agreement between the parties.

Sometimes for some reason the employee cannot receive money on the final day of work, for example, is not in the workplace or fell ill. In this case, it is necessary to give the calculation on that day when he expressed such a request.

If there is an argument about the amount of payments between the parties, the employer is obliged to give an amount that does not cause disagreements. By the rest of the amount it is necessary to negotiate or transfer the case to court.

Attention! Compensation for unused rest days is not paid if the agreement stipulates that the employee is on vacation with the subsequent dismissal.

Step 8. Documents in the hands

Together with the calculation, the employer must give the following documents:

Labor book. It should be recorded on dismissal. The dismissed at the same time must put painting in the book of accounting for labor that he received it.
. It indicates its salary over the past 2 years of work.
Certificate of the amount of listed contributions to the FIU. It can be RSV-1 and.
Help for the employment service on average earnings. Issued within three days from the date of request by its employee.
. New form introduced since 2017. It indicates the experience of the employee.
Copies of internal documents if the employee expressed such a request.

Important!If the employer did not issue a certificate of SZV-experiences fired to his hands, then it can be fined up to 50 thousand rubles.

Step 9. Notification of the Military Commission

The employer is obliged to notify the military registration and enlistment office, where the worker stood on his dismissal for two weeks. If he was military obligant.

Controversial situations

Often there are some disputes between an employee and an organization, let's say when they want to dismiss the employee without his consent, change the new or reducing the state, in this case they try to keep the employee on his own request, or by agreement of the parties, t. to. It saves time and nerves. Let's say during the reduction required to notify the employee in 2 months, and here it is not required to do it!

After writing a statement by agreement and signing an agreement, it is no longer possible to change the article on which labor relations occurs. There may also be questions about transferring the date of dismissal. These nuances, including the proposal of one of the parties to stop the dismissal procedure, are resolved at the negotiating table. This requires a letter to one of the parties. If both sides came to new agreements, this is reflected by the signing of a new agreement or the abolition of the dismissal and the destruction of orders.

It should also be noted that when signing all agreements and documents from the employer should be a person who has the right to sign such documents, according to the power of attorney or the company's charter. In another case, such documents can be considered insignificant and not to have legal force.

The employer's documents should sign a person who has the right to sign such documents for their legal force.

Helpful information

Dismissal by agreement of the parties is a common way to parting with employees. It is often practiced when it is necessary to say goodbye to him faster than the law will allow. There is my benefit in this embodiment for both sides. And the fulfillment of the formalities ensures that the probability of appealing the unhappy ex-worker to court and its chances of satisfaction will be minimal.

What is dismissal by agreement of the parties

Dismissal by agreement of the parties is regulated by Art. 78 Labor Code (TC) of the Russian Federation. In relation to him, the law provides for only one restriction - it is impossible to dismiss with such a wording the first person and chief of the company, where the state belongs from 50% of the authorized capital. In all other cases, the parties are provided with complete freedom of action, in particular, in such principal in terms of the law of moments, as the term of the expected dismissal and the employee due. In other words: by agreement of the parties, an employee can be dismissed without mandatory at an option at his own request of two-week workout, to circumvent the obligation in two months to prevent it about the upcoming reduction in states, but the amount of compensation due may be both less provided by law for each case and more - as agreed.

Dismissal by agreement of the parties is spelled out in Art. 78 TC RF

With regard to the dismissal at your own desire, it is worth adding that when it comes only to the workout and the employer does not insist on it, even if there is no reason for dismissal to the desired date, as, for example, retirement, moving to another terrain or health problems , resort to an option of the agreement of the parties is optional. Quite the consent of the head of the company to dismiss the employee ahead of the term allocated by the law on the warning of the rupture of the employment contract. But when it comes to reducing the state or liquidation of the organization, the parties' agreement plays the role of an optimal alternative.

During the 2008 crisis, the company, where at that time the author of these lines was worked in a very difficult situation. The project has not yet managed to reach the payback and developed at the expense of subsidies from foreign founders. And those in the conditions of the crisis were forced to close the credit line previously provided to the company. Money for a full calculation with dismissed staff by the staff of the State Code General Director is not surrounding, even by taking a loan on the bank of his own apartment. However, after the situation was explained by the employees, no one began to object, and parting passed without mutual claims.

Often, dismissal under the agreement of the parties is practiced in a situation where other possibilities legally parted with a dismissed employee. In particular, this option allows you to painlessly terminate a student agreement or dismiss the guilty employee, without spoiling a labor book.

Dismissal procedure by agreement of the parties

Dismissal by agreement of the parties opens the maximum space for action and before the employee, and before the employer. The only limiter here is only the consent of the second part of the proposed conditions. Such a state of affairs allows us to get around or smooth out most of the sharp corners, which are fraught with such conflicts as the dismissal of the employee during the holiday or hospital, financially responsible person, a pensioner and even a pregnant employee.

At the beginning of the zero company, where I worked at that time, unplannedly closed one of the implemented projects and dismissed all employees involved in it. At first glance, special difficulties were not supposed. The staff was issued on urgent labor contracts, before the expiration of the next contracts remained two months. People at this time were transferred to the forced simple worker's fault. And most of this option were pretty: at least some money drip out, while you can not go to work at all, for part-time and search for new work of the possibilities above the roof.

But the company's management was waiting for an unpleasant surprise. One of the dismissed employees brought a certificate of pregnancy. As a result, she was still fired - by agreement of the parties, but with very good compensation.

Similar history was already in the mentioned situation in 2008. One of the colleagues falling under the reduction, instead of which we were fired by the Agreement of the Parties, was in position. And even physically could not sign an agreement, as she lay on preserved in the hospital. She had to dismiss in connection with the liquidation of the organization - the director and founder in one person created a new legal entity, where all the staff did not fall under the reduction. However, all relying compensation was paid to her, and the corresponding wording in the employment record allowed us to claim additional payments from the state.

Dismissal by agreement of the parties is possible on any conditions, if neither the employee or the employer do not mind them

In the procedure of dismissal under the Agreement of the Parties, these steps can be distinguished:

One of the parties voiced in orally or writing a proposal to terminate the employment contract on this basis.
The terms of the agreement are discussed, compromises are achieved on issues of disagreement.
The agreed agreements are recorded documented directly in the text of the Agreement of the Agreement.
If there are no new controversial moments, the agreement is fastened by both parties. After that, all further disputes become with rare exception to impossible.
The order is preparing for dismissal by agreement of the parties.
On the day of dismissal in the employment record, the corresponding entry is made. Labor book Together with other documents on work on the day of termination of labor relations, it is issued to him.
The employee makes a calculation, which must be issued to him in full on the last working day, who is considered by law of dismissal.

Estimating the desire to terminate the employment contract by the employee or employer

Any special requirements for the form in which the desire of one of the parties is expressed to terminate labor relations on this basis, in law are not provided. But the written form for both parties in fact remains more preferable from the positions of provability in case, if there will subsequently arise controversial issues and it will come to litigation.

A clear adherence to all procedures for dismissal by agreement of the parties minimizes possible problems in the future.

If the initiator of his dismissal under the Agreement of the Parties is an employee, he can state his proposals in the form of, for example, a service note or a statement about the care where, along with a request for dismissal, items leading, which, in his opinion, should be kept in the Agreement. Often, in practice, writing a statement or other document is preceded by oral negotiations between the responsible worker and the head of the organization, one of the outcome of which is also the recommendation to write an appropriate document, for example: "Write a statement, in it, we mean everything we agreed, and I will subscribe and run To work. "

It is more likely that the employer becomes the initiator of dismissal by agreement of the parties. But it happens that this is the interests of the employee.

A few years ago, one journalist decided to leave work and take up two directions at once - write books for the publisher with which he had a preliminary agreement, and in parallel to realize its own business project.
It was assumed that work on the book would take two or three months. And in fact, all four were left: because the text of a rather big volume was to read several editors, and everyone had their ingenious ideas on part of the adjustment. Well, for a while before receiving the fee, he stood up in the center of employment as unemployed and received the entire period of the maximum allowance, the right to he was given a record of dismissal by agreement of the parties.
At the same time, he took advantage of the service of employment service in the start of his case, the framework of which received 300 thousand rubles from the state for the purchase of equipment.
When he outlined his motives to the head of the company, he did not have the principal objections, but he asked him to dismiss in no two weeks, and in a month to complete all the projects that were in his work, and convey the business to colleagues. This option arranged both sides.

When the employer is the initiator of dismissal in agreement of the parties, the procedure for notifying the employees is determined by the rules of the internal corporate bureaucracy. Any option is allowed. For example, call an employee on a conversation, convene a general meeting if it is supposed to fire a lot of people, or initially conduct all communications in writing - on corporate e-mail or personal addresses of employees, through staff service with the presentation of the messages for painting, etc.

In 2008, the general director of the company, where I worked, convened the general meeting of all employees to notify us about the dismissal by agreement of the parties. He told what the situation was formed, he said who falls under the reduction (two divisions were released in full, led by leaders) and instructed to distributed to the dismissal employees in advance prepared texts of agreements. However, as I also showed my above, the case with incorrectly calculated compensation, the texts of these agreements were unknown and, if necessary, were easily adjusted to a mutually acceptable option.

A special case is the dismissal of the Director-General. Since he is taken to work and dismiss and dismiss only the general meeting of founders, all personnel decisions and on this occasion are issued by the protocol of such a meeting. Its competence refers, in particular, the statement of the text of the Agreement of the Parties on the dismissal.

Drawing up agreement on dismissal

There is no recommended form of an agreement on the termination of an employment contract. And in this, on the one hand, plus - the fewer requirements, the better. But on the other, it is often incomprehensible that it should be written in this document. Solve this problem will help an exemplary sample of this document.

Both before drawing up and after the two-way discussion of its content is possible.

The logic of the office work indicates that the Agreement needs to reflect such information:

date and place of paperwork. For example: "10.02.2018, Moscow";
the name of the document is an agreement on the termination of the employment contract. If the contract urgent and dismissal occurs before its expiration, it is desirable to add the word "early";
the preamble with the names of the Parties is the full name of the employer, F. I. O. and the post of employee and, if applicable, the name of the structural unit, beyond which it is listed. For example: "The Limited Liability Company" Rog and Hooba "on the one hand and manager of the sales department of Ivanov Sidor Petrovich on the other hand entered into a real agreement on the following ...";
the subject of the agreement is information about the dismissal of the employee and the date of termination of labor relations with it;
significant conditions where all the obligations of the parties are enshrined on which they agreed with preliminary intercommunications, or those offered by one of the parties, as a rule, the employer, but has the right, as already mentioned, to make such an initiative and employee. Here, in particular, it makes sense to reflect the views and the amount of compensation worker and all mutual obligations that the parties are considered to be mentioned;
the procedure for resolving controversial issues is optional, and so understandable, they are permitted in accordance with the law through the court, but it will not be superfluous, it is worth mentioning about the possibility and procedure for pre-trial resolution of conflicts in connection with the Agreement;
addresses and details of the parties;
signatures of the parties.

An option is allowed when the functions of the parties of the parties actually gives an application to the employee who initiates the cessation of labor relations on this basis. In this case, the leader is only enough to impose an appropriate resolution on it. But when the document is issued precisely as an agreement, signed by the parties, is still reliable.

The agreement, as a rule, is signed in two copies, one of which remains in the hands of the employee. If an employee's statement is used as an agreement, from him after the superimposition manager of the resolution made a certified copy for the employee.

Edition of the order of dismissal by agreement of the parties

To the order of dismissal on this basis there are no specific requirements, in addition to the presentation of the formulation of the cause of dismissal - by agreement of the parties. In the role of grounds for the publication of the order, this agreement itself is, therefore its details are given in the text: the number, if assigned, and the date.

In contrast to the order of dismissal at his own request, where the appropriate statement of the employee is used as a basis for termination of the employment contract by agreement of the parties the need for this statement disappears, the Agreement itself speaks as foundations.

Otherwise, the requirements for this are universal documents for any order of dismissal, which are that it should contain:

date and place of publication and number;
the name of the employer;
F. I. O. and the post of a dismissed employee, the name of the structural unit to which it is assigned;
details of the employment contract: date and number;
information about the dismissal, the basis of dismissal (by agreement of the parties), reference to paragraph 1 of Part 1 of Art. 77 TC RF;
dismissal date;
the basis is the agreement of the parties with the transfer of its details: the date and, if assigned, the number;
signature of the company's head;
signature of the employee about familiarizing the order.

Create an order for dismissal by agreement of the parties will help the sample.

A copy of the order of dismissal is issued to the hands of an employee on the last working day along with the employment record and other documents.

Incovering a record of dismissal record by agreement of the parties

When completing the section, three information about working in the employment book is allowed such wording options:

"The employment contract is terminated by agreement of the parties, paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation"
"The employment contract is terminated by agreement of the parties, paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation"
"Fired by agreement of the parties, paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation".

All given options are not considered an error.

Sample recording in the employment book on dismissal by agreement of the parties

Special attention should be paid to what to refer to such an entry is necessary to be strictly on paragraph 1 of Part 1 of Art. 77 TK RF. After all, the dismissal is there is spelled out this basis for termination of labor relations. Link to Art. 78 of the Labor Code of the Russian Federation, regulating the dismissal by agreement of the parties, will be an error.

Otherwise, the requirements for writing about dismissal in the employment record is universal. In the corresponding graphs should be indicated:

sequence record number;
the date of its introduction is the strict last working day of the employee;
base with output data (number and date) of the order of dismissal;
the entry in the third section is certified by an authorized representative of the employer who has made an entry (personnel inspector, accountant or first person), the stamp of the company and the signature of the employee itself.

When dismissing, by agreement of the parties, the foundation for making a record in the labor book is the order of dismissal, and not an agreement. The agreement acts as a basis only for the publication of the order.

Calculation of dismissal by agreement of the parties: relying payments and timelines

As with dismissal, for example, at their own request or other grounds, the total calculation must be made on the day of dismissal.

When delayed payments, the employee has the right to apply to the court and demand recovery from the employer of the pennel in the amount of 1/150 refinancing rate of the Bank of Russia for each day of delay. But the reason for restoring at work the delay of the calculation is not recognized, and to declare such a claim on its basis is useless. The trial of the penalty implies, but in the restoration at work will refuse.

According to the law, the employee will be dismissed by agreement of the parties: two payments are due:

salary for actually worked and unpaid days;
compensation of unused vacation.

If an employer has accumulated any debts on salary or other compensation, they should be completely repaid on the day of dismissal.

The remaining possible payments are allowed. But the right to insist on them the employee arises, if they were provided for by the employment contract or in the text of the agreement itself. However, judicial practice testifies that with benefits registered directly in the agreement, the situation is twofold. Solutions of courts regarding them sometimes mutually exclusive.

In 2012, the Moscow City Court acknowledged the right for a former employee for an additional day off a manual in the amount of three monthly styles when terminating the employment contract, a separately stipulated by the dismissal agreement, although in the employment contract it was not about it.

Agreement of 11.10.2011 on the termination of the employment contract N ... of August 22, 2011 it is envisaged that the employer pays the employee a final settlement consisting of wages for actually spent time, compensation for unused vacation, a day off of three official salaries in sum ... rub. And additionally, together with the final calculation, the employee pays an existence allowance for dismissal in size ... rubles.
... The court refused the plaintiff in the claim for recovery of an additional day off in size ... RUB, concluded that the condition for the termination of the employment contract of 11.10.2011 contradict the conditions of employment contract and is not provided for by the remuneration system.
However, with this conclusion of the court, the judicial board cannot agree, since, concluding an agreement on the termination of the labor contract on the grounds paragraph 1 of Part 1 of Art. 77. TK RF, the employer and the employee reached an agreement on the date of termination of the employment contract and payments that the employer will work. The terms of the agreement on the termination of the employment contract are not challenged by the employer and are not canceled in accordance with the procedure established by law, and therefore the reality of the agreement on the termination of the employment contract of 11.102011 gives rise to the obligation of the parties to fulfill the terms of the prisoner agreement.
The additional guarantee for the payment of the existence of the employment contract contained in the agreement on the termination of the employment allowance does not contradict labor legislation, and therefore the judicial board concluded that the court's decision in terms of refusal of the plaintiff in a claim for the recovery of the day off, provided for by clause 5 of the agreement on the termination of the employment contract, is subject to Cancellation and in favor of the plaintiff is subject to a recovery of an additional output allowance in size ... rubles, which was accrued by the plaintiff at dismissal.

Appeal definition of the Moscow City Court of 06.09.12 in case number 11-19912
http://www.garant.ru/products/ipo/prime/doc/57712735/

But a year earlier in Izhevsk, the court in a similar situation ruled in favor of the employer who did not pay the additional allowance prescribed in the agreement.

... part of 4 tbsp. 178 of the Labor Code of the Russian Federation, it is envisaged that other cases of the payment of output benefits may be provided for the employment contract or collective agreement, as well as elevated exemptions.
Thus, the basis for the payment of the output benefit during the dismissal of the employee is the presence of conditions in the labor contract with a employee or collective agreement on the payment of the output benefit.
Other agreements between the employee and the employer do not generate the obligations of the employer to pay the employee when dismissing the output allowance.
From the materials of the case it is seen that in labor contracts with employees and additional agreements to such agreements, there are no conditions for the payment of the existence of employees when dismissal.
A collective agreement is not presented to the court, from which it follows that the plaintiffs did not prove the availability of their right to receive a day off in accordance with the terms of the collective agreement.
The agreement on termination of the employment contract cannot be identified with the labor contract itself, since such an agreement contains only the conditions for termination of the employment contract, which does not comply with the provisions of Art. 56, 57 TK RF.
Thus, the agreement on termination of the employment contract cannot be the basis for recovery from the employer, the day off.

Determination of the Supreme Court of the Republic of Udmurtia dated 02/16/11 in case number 33-492
http://www.garant.ru/products/ipo/prime/doc/15659596/

From compensation for the unused vacation, the NDFL is held at a rate of 13% for resident and 30% for non-resident. But from the rest of the payments, if they do not exceed the employee's salary in three months, NDFL is not charged. Hold only from a part longering this limit.

For example, the employee was dismissed by agreement of the parties, one of whose conditions was the payment of the salary for six months. The salary was equal to 50 thousand rubles. It turns out that of them from 150 thousand NDFLs are not charged, but from the remaining 150 is held.

An expert on labor law, a lawyer Karina Elanosyan notes that often employees signed dismissal agreements after the employer's promise to pay a premium for the spent period. But here it usually arises a problem with the calculation on the day of dismissal, since the size of such remuneration is determined already following the estimated period - month, quarter, and even years.

The main payments of the employee must receive on the day of dismissal

Elainian notes that additional payments after dismissal by law do not contradict and recommends to register all the nuances regarding them in the text of the agreement.

TK RF does not prohibit such payments. And it is absolutely necessary to indicate the exact amount. In agreement, you can register the procedure for calculating the accrual of award and indicate the details on which the employee will be listed.
Of course, the observance of this condition will depend on the grounds of the parties. However, the method of termination of the contract involves a sufficient degree of mutual confidence of the parties and conscientiousness.

Karina Yerananian, lawyer
http://www.pbu.ru/pbu/Article/1901#.wng00-gwtiu.

Compensation for dismissal by agreement of the parties (video)

Pros and cons of dismissal by agreement of the parties for the employee and the employer

From the point of view of the employee, dismissal by agreement of the parties implies such advantages:

you do not need to motivate the reasons for dismissal before the current employer, because it is more often the initiator of parting on this option.
the opportunity to quit without work - at least right on the day of signing the agreement even when there is no reason for dismissal at their own desire, in which Art. 80 of the Labor Code of the Russian Federation excludes the need for an employer's advance warning;
the chance does not spoil the labor book in the conditions when the worker is becoming a true cause of dismissal. However, when searching for new work, in any case, it is necessary to be prepared for the fact that the reasons for dismissal in the interview will ask the reasons for dismissal and prepare the believable version. However, it is impossible to exclude the likelihood of the so-called chime, when the potential employer binds to those with whom the candidate was in labor relations earlier, and collects information about him. However, the obligations of the employer not to disclose negative information about the employee can be prescribed by a separate item. In practice, employees often go towards the employer when dismissing to reduce the parties, including recommendations;
the opportunity to present himself to a new employer in the advantageous light, because the fact of signing by an employee of the Agreement automatically indicates its incompetence;
the probability of agreeing on providing time to search for new work;
the right to an increased unemployment allowance if an employee after dismissal plans to use the services of employment service.

In 2008, and then in 2009, after dismissal by agreement of the parties, the author of these lines had to stand for some time on taking into account the employment center: the search for a new sphere of application forces under the crisis was delayed for four months. Under the formulation of the formulation in the Labor Book, employees of the employment center said that it relies with the maximum benefit size. The amount of him was small, but, I was released, for example, at my own desire, it would be even less.

In turn, the positive parties dismissal under the Agreement of the Parties has for the employer:

the opportunity to get rid of an unwanted employee with minimal legal consequences;
chance to dismiss the employee, legally parting with which it is difficult for other grounds;
no need to coordinate dismissal on this basis with the trade union, if he is in the enterprise - after all, in practice, in most commercial companies, primary trade union organizations are missing;
the ability to take care of the non-disclosure by a commercial secret employee and confidential information, prescribing this obligation and responsibility for its violation;
the opportunity to dismiss a minor without coordination with labor inspection;
simplicity and flexibility of the procedure;
the ability to actually reduce the states, while minimizing costs;
the opportunity to dismiss the employee without explaining the reasons.

In 2008, when dismissal, by agreement of the parties, the Accounting was incorrectly considered me due to payments, somewhere losing about 20 thousand rubles. Accountant after a long dispute recalculate flatly refused. But the Director General, having agreed with my arguments, he simply instructed the staff of the personnel to prepare a new edition of the agreement with the right amount. When dismissal for other reasons, he, of course, would make an accountant to do everything as needed. But due to the specifics of the agreement of the parties, the situation was resolved easier and faster.

However, along with the pros, dismissal by agreement of the parties has a minuses.

From the point of view of the employee, they include:

the problem of making adjustments to the terms of the agreement after the employee has already signed it;
the inability to connect as a third part of the trade union, which, if at all, is at the enterprise, after all, at least formally obliged to take care of the interests of employees;
the minimum amount of compensation provided for dismissal on this basis by law. An employee has the right to count only on the payment of the last spent period and compensation for unused vacation. Everything else is only if it is provided for by the employment contract or the text of the agreement itself;
difficult to prove its rightness in court with controversial situations: under the text of the agreement is the signature of the employee itself, and to prove in court that he put it under pressure, it is extremely difficult.

Minus for the employer is allocated one. If an employee still be able to prove in court that he signed an agreement forced or due to deception, they will have to bear all the costs associated with the recovery at work, the payment of forced absenteeism and legal costs.

Pros of dismissal by agreement of the parties (video)

Is it possible to withdraw a dismissal agreement

When the Agreement already stand the signatures of the parties or they made it somehow otherwise (for example, the employee wrote a statement with an indication of this basis for dismissal), it cannot be withdrawn so easily as a statement about care.

The revision of the conditions is theoretically possible. But in practice it happens only when a new version is beneficial to the employer or, if he acts as a revision organizer, the employee agrees with his proposals. Torg is appropriate before signing. After - no.

After signing the agreement of the parties on the dismissal "Including the rear" turns out to be problematic

In 2010, the employee wrote a declaration of dismissal under the Agreement of the Parties, without having read the text of the agreement itself. When I read it, I did not agree with the financial component. But I could not withdraw the application. And the court decided that this statement is the confirmation of the consent to quit and it was necessary in it and voice his wishes for payments. And since the plaintiff did not do this, it's late to drink "Borjomi".

As can be seen from the materials of the case, the claimant asked him to dismiss him<…>, On the same day, the statement was signed by the head, an agreement was reached and an order was issued.
Thus, given that the evidence of the provision of pressure on the plaintiff by the employer, when writing it, there is no statement in the case file, the plaintiff did not appeal with the relevant statement in law enforcement agencies, the judicial board believes that the plaintiff, implementing its rights established by Art. 21 of the Labor Code of the Russian Federation, he turned to the defendant with a written statement with a request to terminate the employment contract by agreement of the parties, and the employer, exploring his consent to the dismissal of the plaintiff, reasonably and in accordance with the procedure established by the TK RF produced the plaintiff.
The opinion of the plaintiff that the agreement of the parties meant dismissal with his payment<…> Monthly earnings, unfounded, given that he did not put such a condition in his statement. According to the judicial board, in the case under consideration, the condition of the Parties agreement is to terminate the employment contract on the day of writing the application.

Definition of the city court of St. Petersburg from 10/18/10 No. 33-14177 / 2010
https://www.lawmix.ru/spb-sydu/1290

But a year earlier in St. Petersburg and the district, and the city court, where the employer tried to appeal the initial decision, fell on the side of the dismissed workers. The woman signed an agreement, and in a month he learned about pregnancy and that was in the position already at the time when he put a signature under the document. She was still fired. But the court, where she turned, decided that with such a situation there were every reason to play back. After all, the period of pregnancy and date, when the plaintiff became aware of their condition, confirmed by certificates from the female consultation.

... signing 02.02.2009 Additional agreement to the employment contract from 03.12. 2001 On his termination, V. did not know what was in a state of pregnancy.
In this position, the court came to the conclusion that V., signing an additional agreement, proceeded from the fact that her dismissal would attract legal consequences exclusively for her personally.
Having learned about pregnancy, a statement of March 27, 2009. Refused to fulfill the dismissal agreement, attaching the appropriate certificate from St. Petersburg GUZ "<Наименование>"Dated 03/23/2009 On the term of pregnancy 11 weeks (l. 12, 14).
Under such circumstances, the statement of V. On the refusal to comply with the terms of the additional agreement of 02.02.2009 on the termination of the employment contract by agreement of the parties, the court considered legitimate, since at the time of its signing the plaintiff believed that she had no condition for pregnancy She is pregnant for her such damage, which pretty much deprived of her and the future child of what she was entitled to count while maintaining labor relations with the defendant; The risk of pregnancy by labor legislation is not entitled to the employee.

The initiator of the revision of the agreement sends its proposals to the second party.
Offers are discussed, they can speak and counter.
When agreed is achieved, an agreement on the cancellation of the previously signed document is signed.
Prepared and subscribes a new agreement.

Is it possible to recognize dismissal by agreement of the parties illegal through court
It is possible, but difficult. Confirm in court that the employee was forced to sign an agreement or achieved this deception from him, very difficult.
However, there are examples when the plaintiffs managed.
Proving the illegality of dismissal by agreement of the parties in court is not easy. But sometimes it turns out
So, in 2011, Kyzyl was dismissed by agreement of the parties of the former employee of the local branch of the "Post of Russia". The plaintiff two months before dismissal was caused to the personnel department, warned that they were reduced, and a sentence was presented to dismissal by agreement of the parties. Then immediately before the dismissal, the personnelists asked him to sign documents. He noticed that it would be desirable to study them in detail and understand everything. But heard that this is only a formality. And only at home, having familiarized with the received papers, the plaintiff was convinced that the basis for dismissal was different from the previously voiced, and no payments were laid. In the district court, the decision was in favor of the employer. But here appealing this verdict at a higher level turned out to be effective.
... The judicial board finds that there was no agreement on the termination of the employment contract between the parties.
Consequently, there was no reason for the dismissal of S. by agreement of the parties, therefore the conclusion of the court on the legality of the dismissal of the plaintiff can not be recognized as reasonable, and the decision that took place in the case is legal.

Determination of the Supreme Court of the Republic of Tyva of 11.10.11 in case number 33-853 / 2011
http://www.ourcourt.ru/verhovnyj-sud-respubliki-tyva/2011/10/11/716818.htm

It is easier to prove its right thing when the company properly did not take care of the formal side of the case. Namely: about the evidence that the dismissed expressed consent to the proposed conditions, whether it is his statement about dismissal, a signature under an agreement or other.
It was in such a situation that the sales assistant from Kamensk-Ural Sverdlovsk region, who worked at the local IP store was in 2009.
The district court decided that since the plaintiff was aware of the leadership of the authorities to dismiss her by agreement of the parties and did not speak out against it, it means everything is in order. Support this position and regional court. But the Supreme Court (Sun) of the Russian Federation found these decisions wrong and returned to revise.
Of the materials of the case, it is clear that S. with a statement about the termination of labor relations to the employer did not apply evidence testifying to the consent of the plaintiff for the upcoming termination of the employment contract, the employer was not presented at the court hearing.

Definition of the Armed Forces of the Russian Federation of 14.05.10 No. 45-B10-7
https://www.zakonrf.info/suddoc/e7d61dd4ac7debcdf469a9ee64ed1e/

The dismissal of the employee by agreement of the parties allows the employee and the employer to part quickly and painlessly. However, companies should take care of compliance with all necessary formalities. And the employee is to carefully study the draft agreement, to think about the conditions and are not shy to offer counter, including in format, for example, applications, until the document is signed or consent is not expressed in another way.

On the last working day, an employee must receive a full calculation and a labor book on hand. What record should be done in the document and what is the basis for filling it? In the material below, we will tell you how to check the correctness of the filing of the book so that there are no problems later when making a pension.

Registration of the employment record at the enterprise is a personnel department employee. Sometimes these responsibilities are assigned to another official as a combination of responsibilities.

The main thing is that the responsible performer know does not appear as and when the employee's labor book should be filled. Otherwise, he will simply spoil the document, he will have to make a correctional entry.

Worse if the corrections are not submitted, and when making a pension provision, a part of the employment experience will not be credited to the employee. That is why the record of dismissal by agreement is so important.

Dismissal procedure on their own

Dismissal involves a special procedure, which includes:

Agreement by Party
Order on the basis of mutual consent
Calculation of amounts to pay
Development and transfer of cases
Obtaining a calculation and employment record

Thus, the basis for filling the employment record serves an order, which in turn is drawn up on the basis of the agreement.

Please note: the role of the agreement can be the usual statement of the employee with an approving visa director.

Record about dismissal by agreement of the parties

All entries in labor book should be carried out on the basis of labor law standards. In this case, this is the main document regulating work 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 employee's employment record.

Important: Before making a record in an employment worker, make sure that the appropriate order has already been issued and it is signed by the parties.

Procedure for stating records:

Step 1: Get a statement from an employee with a director's visa or an agreement of the parties enforced by the Parties.

Step 2: Prepare an order for dismissal by agreement of the parties and sign it with the head and employee.

Step 3: We are waiting for the end of the workshop before making entry into the workbook, because the parties of the agreement can still change their mind.

Please note: if in the order it is indicated to dismiss the part of the part of the entry in labor, since the parties can cancel it by mutual desire; On the other hand, such a base does not allow one-sided refusal to agreements, for example, an employee cannot dismiss to dismiss, as in the case of termination of labor relations on his own initiative.

Step 4: If the development is completed and the employee works the last day, to record in labor - dismissed by agreement of the parties.

Step 5: On the last day before the dismissal to issue a full calculation, certificates about income and the labor book under the painting.

As you can see, the procedure for compiling records in labor is debugged. There are special instructions for filling out the document. Personnel, who studied the rules of law, knows what and when to write in the form so that he should not be redone. The main thing to remember that all corrections should be made in a special:

No lull
Incorrect importance
Write the right text and / or date
Fix the inscription: "Fixed to believe"
Relast Director and Printing Organization

If you have found a mistake, please select the text fragment and click Ctrl + Enter..

Most often in our country, if you believe the statistics, dismissal at your own request. This means that the worker consciously seeks to change the place of its work, looking for further prospects and development in other places.

An entry on the dismissal on all the rules of working books is set, or an employee of the personnel department, or the employer itself.

Of course, this entry must meet a number of requirements and, together with this, do not contradict the law. Each entry, left in labor, carries a special value, and write a dismissal not exception. By how you leave the employee's employment record, will evaluate the prestige of your company Other employers, and the worker himself.

Therefore, if you want to show it so indirectly that you have a fairly serious organization, as well as experienced and professional employees, make sure that the workbook is entered the workbook. Today, more and more attention is paid to the wording of certain records in labor, however, workers, employers, and personnel officers have been confused by one only entry that since 2002, which can stand in the workbook after dismissal.

It sounds 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 regulatory documents are based on dismissal?

The wording "Dismissal by Agreement of the Parties" in the Labor Code is relative new. It appeared in 2002, when a huge number of changes were made to the code. At first, the employers themselves broke their heads over what refers to this reason for dismissal.

But time went and gradually, working with practice, people understood the idea of \u200b\u200bthe legislator and began to apply the wording on need.

Focusing by the Agreement of the Parties, it is necessary to be guided by some regulatory legal acts. The first, this is, of course, the Labor Code. Not only dismissal should be a consequence of the desire of both sides or one sideIt is also important that the reason for dismissal does not contradict the legislation.

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 primarily to look at the provisions prescribed in the instructions for filling and conducting labor books.

It is also necessary to give tribute to local regulatory acts. For example, if the charter of the organization or the employment contract itself excludes the possibility of dismissal by agreement of the partiesSo such an action is impossible a priori.

How to make an entry in the workbook?

Before talking about how to properly make a record in the labor book, which concerns the agreement of the parties, it is necessary to understand what dismissal represents and how such a stripping is different from dismissal.

Many employers and personnel break their head over this issue. Also perplexed, seeing such a record and the workers themselves, and all that is why.

Employees and employers must come to consensus in this matter. If dismissal is made at your own accord, it implies the fact that the employee is ready to leave the organization where he made a labor function with readiness, but the employer does not seek him to let go. This means the fact that the worker is dismissed by his own will, and the employer does not welcome this decision to break the employment contract, but according to the Code, it simply has no right to hold the employee.

If we talk about dismissal by agreement of the parties, then everything here is extremely simple - both the employee, and the employer is glad and ready to break the employment contract immediately.

Of course, such a record demonstrates that when careing an employee, no conflicts have arisen from their place of work.

Now let's go directly to how it is necessary to record in the workbook.

An employee of the personnel department or the employer must get an employment worker from a personal matter. By mischieving the main turn, open the labor where the form is located.

We put the sequence number of the record in the extreme left column, as well as the date when it is done.

Now in the column where information about the information about work is indicated, you need to write the reason for dismissal, the name of the organization, as well as with what particular position the employee is fired.

Next, in the following column, we put the name of the order of dismissal. If we talk more specifically, it is the number of the local regulatory act on the organization and the date of its submission. In the order, usually employees are familiar with the fact of the dismissal of a particular employee and the cause.

The final stroke is the formulation of appropriate printing and signature of the employer.

Remember that all records made and record in the employment book should be well readable, that is, made by understandable handwriting. Avoid blots, because the workbook is a formal document.

Record wording

For many personnel departments staff, the correctness of writing in the form of a labor basis as an agreement of the parties remains a secret. And, by the way, how to properly entertain this information in the labor book has already been said in the relevant paragraphs of instructions for employees of the personnel department.

The record must contain information about the name of the organization, about the fact of dismissal from a certain position and cause. So, for example, an entry on dismissal by agreement may look like this: "Ltd. Lokut. Fired by the programmer's position by agreement of the parties. "

This entry is considered correct and it is necessary that it can be used as a template for making such entries to the employment record.

Filling out the workbook when dismissal by agreement of the parties, the sample (example) of the record:

On this, all difficulties on the enhancing information in the labor book end.

Useful video

Read more with a question about dismissal by agreement of the parties you will familiarize yourself with the video:

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 has complaints about each other, and you can safely look for a new job, and the employer is a new person on your office.

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

In this article we will again turn to the question of dismissal by agreement of the parties. But this time we will look at her from another perspective, namely, we learn how the recording of dismissal is drawn up by agreement of the parties in the employment record, consider the sample, because this question is not a clear answer. But first we offer you a brief overview of the process of dismissal by agreement of the parties, since not everyone, as we know, are well aware of this issue.

What is called dismissal by agreement of the parties?

We all know that the legislation of the Russian Federation is far from perfect. Sometimes the explanations for one or another articles of the codes are so little that the inhabitants arises a number of irresistible difficulties. For example, it is not necessary to go far - it is enough to open the Labor Code of Russia on the article at number 78. In theory, this article "answers" for the dismissal of an employee by agreement of the parties, but there is absolutely no specific information about the design of this procedure. And the information on this issue is needed very much, since the personnel department may face large problems when dismissing under the Agreement of the Parties. Even the elementary note in the employment record may contain an error that will later come sideways.

Dismissal by agreement of the parties can occur absolutely at any time.

Even your hospital, vacation, and so on does not prevent this. Or an employer, or an employee manifests the initiative in dismissal and directs the second party a certain printed proposal for dismissal. From the side of the employee, this will be an application for dismissal by agreement of the parties, and from the Company or Organization - a proposal for dismissal. Further, one of the parties receives paper and has the right or agree, or refuse to offer. In the development of events when the parties achieve some consent on the issue of dismissal, the further stage will be the agreement on the dismissal of the employee. After signing the agreement, the employer issues an order to dismissal, which documented that the employee quit on this wording.

Next, everything happens exactly, as with other types of dismissal: the last day comes at work and the employee receives a calculation in the General Accounting, it is paid to the relying funds, and then the employment record is given to the relevant record that the employee quit the parties to the Agreement.

Here, in fact, briefly, how is the process of dismissing an employee by agreement of the parties.

How is the workbook drawn up when dismissal by agreement of the parties?

Now let's turn to the main issue that we voiced at the very beginning of the article: how is the workbook when dismissal by a mutual agreement?

Immediately you will not know that very often people are mistaken, indicating the wrong arrangements of dismissal. This practice is distributed as the writing of the article at number 78 of the TC of the Russian Federation is incorrect. When dismissal by agreement of the parties, an article number 77 of the Labor Code of Russia and paragraph 1 of Part 1 is the correct option.

But then the logical question is assessed: how to formulate such a kind of dismissal? We will immediately make a reservation that there has been discussions about specialists in the field of working with personnel, discussions on how to formulate dismissal by mutual agreement. As a rule, there are two approaches to this issue:

"Fired due to ...". Experts of recreation departments choose this approach due to the fact that it is written in the instructions, and also because the article 66 of the Labor Code of the Russian Federation informs that the workbook fit into the employment record. In principle, the logic is clear, because when the employee is taken to work, the contract is noted "concluded", but indicate "adopted in the department ...". According to this logic, and the dismissal should be written in the same vein, because the workbook is not the register of signed and terminated applications
"The employment contract is terminated in connection with ...". Personnel, choosing this approach, rely in their judgments to the Labor Code of the Russian Federation, namely, on the 5th part of the article at number 84.1, which was introduced back in 2006. If we proceed from this article, we will inexorably conclude that any entry in the employment record should comply with the formulations given in the Labor Code of the Russian Federation or the Federal Law. In addition, there must be a reference to a specific article TC, FZ, and so on. In principle, this approach is faithful, because if we, for example, take the third part of the article at number 77 of the Labor Code of the Russian Federation, we will see the following: "... Termination of the employment contract on the initiative ...". And as we already know, entry in the work of the employee should reflect in his words and suggestions of the TC, that is, and indicate the personnel officer, it is also necessary to "terminate the employment contract ...". In principle, it is logical and understandable, but it does not interfere with the supporters of the first approach to write "dismissed ...", because they motivate this by what is specified in the instructions. But the whole salt is that this document has a smaller legal weight than the Labor Code

Structure of recording in the employment record

Now consider the sequence of the employee's workflow. If we look at the fifth point of instructions, we will see the following:

First field - marker number
The second field is the calendar number of dismissal. Be careful, this is not the number of marks in the employment record and not the number of its return. This is the date of the rupture of the employment contract. In simple language, if you rely on the 84 article of the Labor Code of Russia, this is the last working day of the employee
The third field is the motive for which the employee was dismissed or quit. In essence, it is "termination of the employment contract"
The fourth field is written paper on which you can confirm the documented dismissal fact. For example, the order of the employer. Then put the date of this document and the sequence number

Thus, we considered how the entry is issued in the employment record when dismissal by agreement of the parties.