Dismissal by agreement of the parties is a fairly common practice between employees and employers. And this is a good sign, since reaching an agreement on dismissal is, on the part of the employee, staying on good terms with superiors, getting good recommendations, and for the employer, this is a guarantee of safety from the risk of challenging the legality of the dismissal.
What are the nuances of this process, how it happens and what documents are supported, we explain in this article.
Legal regulation
This type of dismissal is described in Article 78 Labor Code Russian Federation, and this article contains only two lines without additional explanations, indicating only the possibility of terminating labor relations at the mutual desire of the parties at any time. The procedure for dismissal is detailed in the previous article 77. Art. 36 p.1. The Code of Labor Laws provides generally accepted rules for such dismissal.
That is why personnel officers and dismissed people often have questions regarding such a basis:
- the employee leaves or is fired;
- whose initiative prevails;
- what should be the turnaround time;
- what to indicate in the application;
- what payments are due, etc.
NOTE! Fearing "pitfalls", employers and employees sometimes prefer dismissal for other reasons, while it is worth getting acquainted with all the advantages and disadvantages of the method, and only then make a final decision. Remember, the devil is far from being as terrible as he is painted.
Good sides of the agreement of the parties for the employee
A resigning employee should consider the agreement of the parties as a reason for dismissal, because:
- application can be submitted at any time employment contract;
- you do not need a reason for leaving in the application;
- the moment of departure is discussed with the employer, compulsory working off No;
- you can agree with the employer on the conditions of care - terms, compensation, and other points;
- neutral entry in work book;
- an excellent alternative in case of threat of dismissal for guilty behavior;
- the experience is not interrupted for another month after leaving on such a basis;
- when registering with the Employment Center, the allowance will be higher.
What is the employee's risk?
The disadvantages of this formulation of the basis include the following points:
- the contract can be terminated in any situation, even on sick leave, on vacation, if the employee belongs to a privileged category;
- if the employee changed his mind about quitting, it will no longer be possible to withdraw the application signed by the authorities;
- the union does not control such layoffs;
- judicial challenge of the actions of the employer is impossible.
Why is the agreement of the parties beneficial to the employer?
The employer often recommends this wording of the reason to the dismissed person, because it is beneficial: the agreement does not provide for the payment of additional severance payments, unless it is prescribed in collective agreement. It is not necessary to consult with the trade union organization in such dismissals. Another important point - by agreement of the parties, you can fire a pregnant woman, underage employee, a worker from the decree and other preferential categories. Thus, it is convenient to terminate student contracts. And finally, the most important thing is insurance against litigation.
Everything is relative
If an employee is thinking about which basis to choose for leaving, it makes sense to compare the features of the agreement of the parties and other popular reasons.
- Own desire or agreement? When choosing one of these methods, it is worth taking into account the main differences:
- when leaving at will, it is necessary to warn about it 2 weeks in advance, the agreement does not oblige to work out;
- the date of departure is determined at will, and by agreement it can be set to mutual convenience;
- statement on own will the employee can withdraw, and the agreement of the parties provides for the will of the employer;
- material compensation for unemployment for those who left on their own initiative is lower than those who have concluded an agreement with the employer.
- Agreement or contraction? Here the initiative often belongs to the employer: if the employee still has to be fired, you can offer him to indicate another reason for this, the advantages for the bosses are obvious. But should the employee agree?
- It makes sense if the employer is interested in such an employee financially. It is necessary to calculate which amount will be more: three (in some cases 5) severance pay salaries paid upon reduction, or “buns” that the employer offers when concluding an agreement. It doesn't have to be money: sometimes a good recommendation is much more preferable.
- Another possible plus of choosing an agreement for the employer is preferences for further employment. To receive maximum compensation from the Employment Center, a registered dismissed employee must not be employed for 2 months. And if the agreement of the parties provides for any compensation, they will be paid to the employee, regardless of his future plans, so he can not waste time and immediately get a new job.
NOTE! In order for all the promises of the entrepreneur to be guaranteed to be fulfilled, the agreement must not be oral, but drawn up in writing and signed in 2 copies, although the Labor Code of the Russian Federation does not insist on a specific form: .
Whose initiative?
Despite the fact that the term "agreement" implies equality of the parties, the initial initiative necessarily comes from one person. The law does not distinguish between them: it is sufficient to obtain a written notice from one party and the consent of the other (also in writing).
In practice, most often employees write a letter of resignation by agreement of the parties, even if the oral initiative belongs to employers. This makes it easier to keep records and insure yourself against contestation and litigation.
How is dismissal by agreement of the parties
The procedure for such dismissal is as follows:
- Oral initiative of any of the parties, negotiating the terms of dismissal, reaching agreement.
- A letter of resignation in free form, but must contain:
- Full name of the person leaving;
- request for termination labor relations according to Article 77 or 78 of the Labor Code of the Russian Federation;
- details of the employment contract;
- estimated departure date;
- date of application;
- applicant's signature.
- Visa "agree" from the employer on the application.
- Written agreement, signing and registration. It should indicate all the conditions for dismissal, which can no longer be changed unilaterally. Mandatory elements:
- an indication of the reciprocity of the decision;
- details of the contract to be terminated;
- the last day of work of the dismissed person;
- the amount and conditions for calculating compensation (if any);
- details of the identity card of the departing employee;
- name of the organization and TIN of the head;
- signatures of both parties.
- Publisher of the order on the basis of a signed agreement, familiarization of the employee under the signature in the usual manner.
- Making an entry in the work book “Dismissed by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated by agreement of the parties of clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation”.
- On the day of departure - the calculation of the employee's wages, sick leave and compensation for vacation, if it was not used. Issuance of a work book and a copy of the order in the hands of a departing employee.
Possible compensation
If the amount of compensation upon dismissal by agreement of the parties is not written out in the employment contract, its appointment is the good will of the employer. But the agreement is for that and an agreement that it is possible to come to a mutual consensus on any issues, including the amount of severance payments.
The law does not limit the possible payments upon dismissal in any way, therefore, theoretically, an employee can ask the employer for any amount. Depending on how profitable it is for the latter to release the employee, a “trade” may occur, after which the parties will agree on an acceptable amount. Most often, it does not exceed the layoffs - three (maximum five) standard salaries.
In order to be able to claim the “output” amount, you need to ask the employer about it in writing. To do this, the departing writes an application with a request for the appointment of compensation to him. The following details are required in the application:
- Name and position of the employee;
- Full name of the head;
- Name of the organization;
- expression of intention to terminate the Labor contract (indicate its number and date of conclusion) by agreement of the parties;
- link to Art. 78 of the Labor Code of the Russian Federation or on clause 1 of Art. 77 of the Labor Code of the Russian Federation;
- planned date of termination of work;
- request for compensation (preferably with an indication of the amount);
- date of writing;
- personal signature, transcript.
The employer may not satisfy the request for the claimed amount of compensation in whole or in part. The signing of the statement will take place only after reaching a consensus.
ATTENTION! It is advisable to include in the statement or agreement the final phrase that the parties have no claims against each other.
In any case, when leaving by agreement of the parties, the employee on the last working day will definitely receive the following payments:
- calculation of wages for hours worked;
- compensation for unused vacation days;
- allowances and bonuses, if they relied on the employment contract.
Labor Code Russian Federation provides for several ways to terminate the contract between the employee and the employer. The most commonly used - at their own request or by agreement of the parties. Each method has both its advantages and disadvantages.
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Legal basis
Before an officially employed worker chooses exactly how he will terminate the employment contract, he needs to without fail explore legal framework this process.
The most important are the following articles of the Russian Federation:
Each section covers the process of termination of employment in as much detail as possible. Having carefully read them, the employee will be able to choose the most suitable way for him to terminate the employment relationship without any difficulty.
In this case, it is necessary to focus on the Labor Code of the Russian Federation of December 30, 2001, as amended by Law No. 197-FZ of July 13, 2015.
Article No. 80 of the Labor Code of the Russian Federation considers in as much detail as possible all the features of the process of terminating an employment contract at the initiative of an employee - according to this article, the employee himself can terminate the agreement at any time, at his discretion.
Moreover, in the following cases, the operation in question must be carried out on the date indicated by the employee himself:
- continuation of work is impossible for justified reasons;
- violation by the employer:
- labor legislation;
- terms of the contract;
- local regulations.
This point is covered in as much detail as possible in the following federal laws:
- from 30.06.06;
- dated 02.07.13
Article No. 78 of the Labor Code of the Russian Federation indicates the possibility of terminating an employment contract at any time - if the employee and his employer were able to find a compromise, agree.
This method of termination of the employment contract has a large number of advantages over all the others. Also, both designated methods of dismissal are considered in Article No. 77 of the Labor Code of the Russian Federation.
At the same time, in the text of the article itself there are references to various legislative acts regulating this moment.
If possible, you should study the legislative norms indicated above in as much detail as possible. Often, the employer takes advantage of the fact that his employees simply do not know their rights and do not complain to the relevant authorities if they are violated.
Pros and cons of voluntary dismissal
Voluntary dismissal has one important feature, which is both a plus and a minus - in order to terminate the contract in this way, it is necessary to warn the employer about this in advance. This period of time is as much as 2 weeks.
The disadvantages include the need to work during all this time, to fulfill their immediate duties - laid down by the employment contract.
This is often the main problem. Often, an employee quits because he has found a new job that needs to be started immediately.
But this situation can be resolved quite simply if the employer is loyal to his employee who decides to quit. The dismissal itself can be completed even before the expiration of the two-week period - with the consent of the employer.
The so-called working off has one important feature - it continues even if the employee for some reason is absent from his workplace for a good reason (sick leave, vacation or otherwise).
Thus, you can avoid having to work for the previous employer for 14 days before leaving.
The advantages of this method of terminating an employment contract include the possibility at any convenient time, until the two-week period has expired, to withdraw a letter of resignation.
In this case, the employer has no right to refuse his employee in this action. Thus, if with new job something went wrong, you can always change your mind and stay the same.
Taking into account all the above factors (both positive and negative), voluntary dismissal is the most profitable way to terminate an employment contract for an employee.
Pros and cons of dismissal by agreement of the parties
Dismissal by agreement of the parties is one of the ways to terminate an employment contract, using which a special document is drawn up by the employee and the employer.
It specifies the conditions under which the employment contract is terminated. At the same time, this method of terminating an employment relationship has both its pluses and minuses.
The disadvantages of dismissal by agreement of the parties in the first place include the following main points:
- the employee will not be able to appeal the agreement signed by him (except in exceptional cases);
- termination of the agreement concluded between the two parties unilaterally is not allowed;
- in itself, the dismissal of the type in question does not provide for any compensation payments an employee;
- the formed agreement is not regulated by the legislation and has no established format.
If the employee has signed a termination agreement, then this document implies the termination of the employment relationship in any case.
Even if the employee has lost his ability to work, is on sick leave, or other difficult circumstances have arisen.
At the same time, it is impossible to unilaterally change the terms of the agreement or completely refuse it. This is the most important drawback of this method of terminating an employment contract.
The fact of the conclusion this agreement does not imply any compensation paid to the worker. There will be no "automatic" payments.
All transfers from the employer to the employee must be indicated in the text of the agreement. In the event of a reduction or dismissal at the initiative of the management, the employee can always count on cash payments.
By agreeing to be fired in this way, the employee in some cases takes quite a risk. Since not all employers are decent and many form an agreement to the detriment of their employees.
That is why it is necessary to familiarize yourself with all the available clauses in as much detail as possible before signing. The best solution would be to first show the agreement to a qualified lawyer.
At the same time, termination of an employment contract by agreement has some important advantages. These include the following:
- the employee can independently choose the date of dismissal - in a week, a month or even a year;
- when dismissed in this way, the employment center pays much more compensation.
In fact, the only advantage of dismissal by agreement of the parties is the ability to terminate the employment contract at the most convenient time for you. Of course, at the same time, the employer himself must agree with the date proposed by the employee.
If the employee quit by agreement of the parties, then when registering at the employment center, he is paid a large amount - but such a bonus can only be beneficial if the employer himself offered to terminate the employment relationship.
What is better to choose
Each method of terminating an employment relationship has both its advantages and disadvantages. It is worth choosing a specific one based on the existing relationship with the employer.
But there are cases when neither one nor the other way is beneficial for the employee. For example, when an enterprise is liquidated or an agreement is held.
In such a situation, the employer offers the employee to quit of his own free will or by agreement. At the same time, the employee must remember that when terminating the employment relationship in this way, monetary compensation is not expected.
If the dismissal is carried out by agreement, then the employer is obliged to provide guarantees and compensation in accordance with the Labor Code of the Russian Federation.
It is best to leave by agreement in the following cases:
- in the presence of vacant position in another organization;
- if the employer offers sufficiently substantial benefits.
It is worth terminating an employment contract by agreement of the parties only if a new job has already been found. Since the agreement is not subject to cancellation unilaterally. In this case, first of all, the employee should be guided by his personal benefit.
If you plan to leave the organization in the most beneficial way, It is worth considering all existing types of dismissal. In most cases, those leaving leave opt for the most popular form - "of their own free will."
The option of dismissal by agreement of the parties looks unusual and dangerous. However, there are situations in which it is more preferable.
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Let's start with the laws governing situations related to dismissal. The first thing to do is to study Article 78 of the Labor Code of the Russian Federation– on termination of the employment contract by agreement of the parties and 80th article- on termination of the employment contract at the initiative of the employee.
If you have any questions regarding cash payments, go to Art. Art. 84.1, 140 of the Labor Code of the Russian Federation, and you may also find it useful Decree of the Government of the Russian Federation dated December 24, 2007 No. 922"On the peculiarities of the procedure for calculating the average wage."
All the features and nuances of dismissal
Of your own accord
According to Russian law, every person is free to choose labor activity and change jobs. The condition for leaving the organization may be employee initiative.
Who should apply? It depends on the rules set in your organization. Somewhere the application is submitted to the head, somewhere to the personnel department, and somewhere through the reception.
If a conflict situation arises, for example, they don’t want to sign your application, lose it, destroy it, you can protect yourself from trouble. Make a statement in two copies.
One is for the manager, and hand the second to the HR specialist or secretary - you need the date on the application when it was received, the position and signature with a transcript.
Sometimes even this method does not help, but there is another loophole: send an application by mail. Please note that the letter must be registered, with a notice and description of the attachment. Now you can easily prove in court that you filed an application, because you have a document from the post office.
If you want to leave without work, and the employer asks you for documents proving that you have the serious reason he has the right to do so. Present a document or carry out your labor obligations a couple more weeks.
If it so happened that you fell ill, the period of work due to you is not interrupted. You will receive the money and labor due to you while on sick leave.
After applying you have the right to change your mind, unless a new person has already been invited to your position. However, you cannot be replaced by a new employee against your will.
Make sure that the correct entry has appeared in the work: with the correct designation of the article and the reason for your departure. It must contain a link to Art. 77 Labor Code of the Russian Federation and the text that you were dismissed of your own free will or at the initiative of the head.
All words are written in full, without abbreviations and abbreviations. If you see an inaccuracy in the labor, insist that a new entry be made. Before it, you need to make an indication that the previous one is invalid.
Find out more about the dismissal of your own free will by watching the video:
By agreement of the parties
The most attractive difference of this type of dismissal is processing speed. You must agree to leave with management and get the agreement in writing, but you are not required by law to give advance notice of your departure.
Any party can initiate your departure: both the employer and you. If you are acting as an initiator, you do not need to justify your departure.
Both parties have the right to put forward different conditions to each other. For example, you can agree on receiving compensation (severance pay) for the resigning person up to a specific amount, the duration of working off, transferring duties to another person, and so on. Important to remember, that all conditions are fixed in the document, otherwise they are considered invalid.
The employer may reject your initiative if he is not satisfied with the conditions. In such a situation, no one can force the other side, everyone is in an equal position. Neither you nor your employer you don't have the right to suddenly "change your mind" without the consent of the other party.
You can quit this way while on vacation, during an illness or on probationary period. For employees employed by fixed-term contract, the same rules apply as for those who entered into an open-ended contract.
A pregnant employee also has the right to leave the position by agreement of the parties. True, if on the day the document was drawn up she did not yet know that she was pregnant, and then decided to remain in the organization, her actions are legal.
How is the dismissal process? In the body of the application, write that you are leaving by agreement of the parties. Refer to the details of the agreement, otherwise your document is invalid. Please note that you must be notified in writing that the agreement has been drawn up. The document is signed by both parties.
You can download a sample letter of resignation by agreement of the parties.
Feel free to ask severance pay when management suggests quitting. Please note that the organization is not obliged to pay it, and the law does not provide for any minimum size payments. This also applies to processing.
Accordingly, if you manage to reach a compromise with management, you can get a good amount of money, and the employer - to protect themselves by setting the conditions for your departure. In any case, you will receive money for unused vacation and salary.
If you, together with the employer, have drawn up and signed a mutually beneficial agreement, and after some time one of you decided to introduce new conditions, it will be possible to change the text of the document only by common agreement.
If you have committed a violation, the most favorable option for you and the employer would be just dismissal by agreement. You will not spoil the reputation, and the management will not have to justify the legitimacy of their decision.
Make sure that the text appears in the labor "dismissed by agreement of the parties, part 1 of article 77 of the Labor Code of the Russian Federation."
For all the benefits of dismissal by agreement of the parties, see the video clip:
What is the difference?
The main difference is in the initiator of the dismissal. It could be you, or it could be the leader. If you leave of your own free will, no one has the right to restrict you. But if you have chosen the form of care by agreement of the parties, you will need seek compromise with management.
Under the agreement, you can not tell about your departure for two weeks. When you need to quit urgently, this option is ideal.
Dismissal by agreement of the parties provides an excellent chance to receive from the organization good monetary compensation. It will be especially easy to introduce such a condition if the leader was the initiator.
The text in the labor will vary (“dismissed by agreement of the parties” or “dismissed of his own free will”). Both options will not affect your future career in any way.
What is better to choose?
The choice of one or another option depends on life circumstances. Situations when it makes sense to prefer personal care:
- there is a possibility that you will change your mind about quitting;
- you are interested in going through the dismissal procedure quickly and easily;
- you are satisfied with the due payments and guarantees;
- you are on vacation or sick leave.
Disadvantages: you do not receive any additional cash payments, you must notify management in advance of your desire to quit.
It's better to get away by agreement of the parties, if:
- you need to leave the organization as soon as possible (for example, you have already been invited to another place);
- you are firmly convinced that you will not change your mind;
- there is an opportunity (fixed in writing!) to receive a large sum of money from the organization;
- you plan to contact the employment service.
The main disadvantages of this type of dismissal: if you remain dissatisfied with something, the court is unlikely to take your side. You get only what is specified in the agreement and are not entitled to change the terms without agreement with the management.
What's the best way to quit?
Concerning financial issue, in any case, you get:
- salary for the period worked (including the date of dismissal);
- holiday compensation if you did not use it.
What payments are made in case of dismissal by agreement of the parties, read in ours.
Severance pay is provided only by agreement of the parties. This option is preferred by people in high positions, as they have more likely to get a decent amount.
When management asks to resign by agreement of the parties in order to reduce employees, it is unprofitable to agree. Doing so may result in you losing your redundancy payments or get a smaller amount.
If it so happened that you made a serious violation at work and are afraid of being fired under the article, dismissal by agreement of the parties can be a real salvation for your reputation.
It should be noted that dismissal by agreement of the parties (UPS) appeared in the Labor Code of the Russian Federation since 2001, and precedents for its use have taken place since 2002. However, this wording of the legal basis for dismissal has the most law-enforced practice today as a ground for dismissal. Moreover, it is, frankly, preferred by both personnel officers and heads of commercial companies.
Employment contract form attribute
Dismissal by agreement of the parties (Article 77 of the Russian Labor Code) is often encountered in connection with the spread to Russian market labor contract form of employment. This form of contractual relationship between employers and staff is an indispensable element of the market system.
Is this leadership in the labor market justified? Is the ease of interruption of labor relations inherent in this form of dismissal positive: employer-employee? This is a moot point. According to official statistics, the unemployed make up 2-3% of the entire working-age population.
These data are objectively underestimated all over the world. The fact is that not all unemployed are registered at the labor exchange for various reasons. Therefore, it is a generally accepted fact that the data international organization labor is 4–5 times higher than the official statistics for unemployment.
And it is the dismissal by agreement of the parties that is absolutely in the lead in terminating labor relations. Features of this type of dismissal in the conditions of market existence work force are more clearly visible in comparison with other forms of termination of employment.
By downsizing and by agreement of the parties
It is well known that dismissal during staff reduction is a companion of economic crises and their consequences - optimization staff structure organizations. Its legal justification (see paragraph 2 of Article 81 of the Russian Labor Code) is quite organizationally complex and time-consuming.
The employer is obliged to warn the personnel thus reduced in advance and, in addition, to offer candidates for dismissal an alternative position(Note that the existing staff is often characterized by a shortage of vacancies).
He must also identify the personnel to whom the law guarantees the preferential right to remain in the state, and implement it. Therefore, some employers, optimizing their staff, are trying to replace the “downsizing” with an “agreement of the parties”, achieving certain benefits for the company to the detriment of the dismissed.
Paragraph 1 of Article 77 of the Russian Labor Code offers a less organizationally biased way - dismissal by agreement of the parties. This method of termination of labor relations involves a short time frame, joint regulation of the process of dismissal by the company's management and the employee. At the same time, the administration is not required to comply with the above formalities and the participation of the trade union organization.
At their own request and by agreement of the parties
The absence of a mandatory working period distinguishes the method we are studying from dismissal of one's own free will, in which only the employee himself writes the application.
In case of dismissal of one's own free will (UPSZH), such a statement is drawn up fourteen days before the agreed date of leaving work. During the aforementioned two weeks, the employee continues to carry out his previous job responsibilities. He also has the right to take a vacation for this period. However, even if the employee is on sick leave, the 14-day period will not be considered interrupted.
Dismissal by agreement of the parties has also been significantly simplified with respect to the UPSZH. First of all, the difference lies in the absence of a two-week period of work - until the date of dismissal. The date of departure from work is negotiable, and the director also negotiates some additional conditions with the dismissed employee by mutual agreement. Labor Relations can be interrupted on a date agreed upon and agreed in advance, even if the employee is on vacation or on sick leave.
Legal differences between the two types of dismissals
Dismissal by agreement of the parties involves the procedure for terminating the employment contract between the employer and the employee in accordance with Article 78 of the Russian Labor Code. Employers often use it in cases labor violations on the part of employees (absenteeism, appearance at the workplace in a state of intoxication, non-fulfillment official duties). However, even more often, this layoff is initiated by the employees themselves. It, as you noticed, has similar features with dismissal of one's own free will. However, there are differences (see table 1)
Table 1. Comparative characteristics of UPSS and UPSZH
When analyzing the information contained in the above table, pay attention to the detail: it is impossible to challenge the dismissal by agreement of the parties unilaterally (unlike the UPSZh). It was adopted jointly under the UPSS, and therefore ceases to operate by mutual agreement.
At the request of one of the parties, dismissal cannot be prevented. However, if it is carried out under the compulsion of the employer, it can be challenged in court. In this case, the employee is reinstated in the position previously occupied with the payment of average earnings for forced walk.
Payment of compensation
If there is a dismissal by agreement of the parties, compensation for unused vacation must be paid to the employee. In addition to her, he is obligatory paid the accrued wage for the current month to the last day of work, as well as bonuses taken into account in the organization's remuneration, various allowances (for length of service, qualifications). Then the employee receives a work book and a certificate of average monthly wages.
However, not only mandatory payments promise an employee dismissal by agreement of the parties. Compensation in the amount of one salary is often stipulated by the employer in orders for the organization.
The legislation does not establish a specific framework for such payments, therefore, the agreement between the employer and the employee may establish a contractual amount of additional compensation.
It is no secret that this type of dismissal is more beneficial for the employer than for the employee. The motivation is well known: the employee cannot independently withdraw the written application, and the trade union, in turn, cannot influence this process in any way.
Therefore, an employee who has chosen dismissal by agreement of the parties must necessarily consider compensation as a section of the contract with the employer. the federal law No. 330-FZ of November 21, 2011 established the procedure for taxing personal income tax compensation. In accordance with paragraph 8 of paragraph 3 of Article 217 of the Russian tax code exempt from taxation compensation not exceeding three salaries of the employee.
Article 178 of the Labor Code governs the payment of such termination benefits. According to it, provisions for its payment can be included in the collective labor agreement. The second option for regulating such compensation is stipulated directly in the documents that accompany a specific dismissal by agreement of the parties. At the same time, in accordance with paragraph 3 of Article 217 of the Tax Code of the Russian Federation, personal income tax was not levied on severance pay not exceeding three salaries, and for the regions of the Far North - six salaries.
Registration of dismissal
The current practice of processing such a dismissal does not provide for any standard documents. However, the preferred design option is an agreement drawn up jointly by the employee and the employer. An indication of the desired legal consequences of termination of employment due to mutual agreement of the parties, an indication of the date accompany the dismissal by agreement of the parties. Payments of the amount of severance pay, the timing of the transfer of cases and positions to a new employee are also negotiated. Consider an example of the above convention.
Agreement on termination of the employment contract
The employer - Alfa-Trade LLC represented by the director Pavlov Konstantin Borisovich, acting on the basis of the charter, and the employee - merchandiser Marina Viktorovna Selezneva came to an agreement that:
- The employment contract of 21.02.2010 N 35 will be terminated by agreement of the parties.
- The employment contract is terminated on July 20, 2014.
- The employee is paid compensation in the amount of one official salary.
The agreement is made in 2 copies with equal legal force, 1 for each party.
Director Print Pavlov Konstantin Borisovich
Employee Selezneva Marina Viktorovna
The initiator of the dismissal is an employee
However, the proposed method of registration can often be preceded by a written application by the employee or a corresponding appeal from the administration to him. At the same time, there is no single sample on how to write a letter of resignation by agreement of the parties. Therefore, we present an example of such a document.
employee application form
Director of Alfa-Trade LLC
Pavlov Konstantin Borisovich
Statement
I ask for your consent to terminate the employment contract with me from July 20, 2014, respectively, paragraph 1 of Art. 77 of the Labor Code (reason - by agreement of the parties).
I consider it expedient to establish a severance pay in the amount of two salaries.
Until I have received your written consent, I reserve the right to withdraw this application at any time.
Merchandiser Selezneva
Marina Viktorovna.
The agreement, as an option, may also be preceded by an appeal from the administration, initiating dismissal by agreement of the parties. The sample text is similar to that presented in the application.
Administration Letter
Dear Marina Viktorovna!
We suggest you terminate the employment contract, guided by paragraph 1 of Art. 77 of the Labor Code (i.e. by agreement of the parties) from July 20, 2014
Compensation is established, according to the collective labor agreement, in the amount of two salaries.
Director
Pavlov K.B.
Issuing a notice of dismissal
Based on the agreement, the head of the organization signs the corresponding order. Dismissal by agreement of the parties is gaining legal force at this moment. Often, along with this order, an order is issued on the acceptance and transfer of cases and an inventory.
Alfa-Trade LLC
07/20/2014 No. 15-k
Moscow city
On the dismissal of Selezneva M.V.
FIRE:
Selezneva Marina Viktorovna, merchandiser, 07/20/2014 by agreement of the parties (Article 37 of the Labor Code).The accounting department to pay Selezneva M.V. monetary compensation in the amount of three salaries.
Reason: statement by Selezneva M.V. dated July 15, 2014.
Director of Alfa-Trade LLC Pavlov K.B.
Selezneva M.V. has read and agrees with the order.
By means of such an order, dismissal is carried out by agreement of the parties. Entry in the work book at the same time, it must necessarily mention clauses 1 of part 1 of article 77 of the Labor Code.
Should the wording “dismissal by agreement of the parties” be avoided when dismissing?
This question, of course, is controversial and associated with myths.
Myth No. 1: an employee dismissed by agreement of the parties is a violator of labor discipline.
Myth No. 2: An employee who terminates an employment relationship in this way is underskilled.
The reason for the emergence of these prejudices was the practice of employers to “cut down” negligent employees under Article 77 of the Labor Code. However, if an employee is confident in his qualifications, as well as in the fact that he will be immediately employed elsewhere, then these myths are insignificant. On the contrary, a person will be able to quickly get the expected job.
Conclusion
Is the UPSS ideal in its current form as a labor market tool? Based on macroeconomic patterns, its parameters (for example, non-participation of trade unions in its process) are incorrect with a significant level of unemployment.
To fully operate such a market mechanism in the labor market, ideally, a growing economy and a sufficient level of supply of competitive jobs are needed. However, simplified organizational issues, accompanying the UPSS, in many cases are preferable for the prompt termination of labor relations. This factor determines its wide application.
A person dismissed by agreement of the parties should take into account that in some cases an incorrectly executed agreement and, accordingly, an order to dismiss by agreement of the parties may ignore the payments or benefits due to him. Therefore, everything should be foreseen and taken into account.
