Termination of an employment contract. In what cases the employment contract is terminated: grounds and requirements In what cases it terminates

Chapter 17 of the Labor Code of the Russian Federation indicates the grounds on which the action employment contract may be terminated.

Such grounds include:

Agreement of the parties - Art. 78 of the Labor Code of the Russian Federation. The parties have the right to agree among themselves that their employment relationship is terminated. Therefore, the employment contract also loses its legal force;

Expiration of a fixed-term employment contract. A fixed-term employment contract is concluded for a specified period of up to 5 years. If its validity period has expired and the parties do not want to extend it, then this is the basis for terminating the employment relationship and the employment contract.
If the term has expired, but the employee continues to work, and the employer does not insist on terminating the relationship, then the condition of the urgency of such an agreement loses its legal force. This is stated in Art. 78 of the Labor Code of the Russian Federation;

The employee has the right to take the initiative to terminate the employment relationship. In this case, he must notify the employer 2 weeks in advance, and on probationary period in 3 days.
But there are also exceptions to the rule when an employee can quit on the same day. This is stated in Art. 80 of the Labor Code of the Russian Federation.

The employer also has the right to terminate the employment contract on its own initiative. The grounds for this are given in Art. 81 of the Labor Code of the Russian Federation. Upon such termination of the contract, the trade union body must conduct checks on the eligibility of termination, provided that there is a trade union in the given enterprise;

If two employers have entered into an agreement on the transfer of an employee, then the employment contract at the "old" place of work is terminated, and at the "new" one - a new one is concluded.
Transfer to another employer is possible only with the written consent of the employee himself. The initiator of such a transfer can be both the employee himself and the employer.
If the owner of the enterprise has changed, then the employee has the right to refuse to continue labor relations with him.
This is the basis for terminating the employment contract.

The reorganization of the enterprise, as well as the change of jurisdiction, may serve as a reason for the employee's refusal to continue labor relations;

The employer has the right to change the employment contract unilaterally if the organizational or technological working conditions have changed at the enterprise. An employee's refusal to work under new conditions may also be a reason for the termination of labor relations and termination of an employment contract;

Employees in some positions are required to undergo medical checkup... The conclusion after such an examination is admission to the continuation labor activity.
If the employee, for some reason, did not pass a medical examination, then the employer is obliged to offer him another position that corresponds to the qualifications of the employee. The employee's refusal to transfer is the basis for the termination of the employment contract;

The employee's refusal to move with the employer;

Circumstances that do not in any way depend on the will of the parties. For example, the imprisonment of an employee or employer or his conviction to imprisonment.

An accountant's unauthorized salary is not subject to insurance premiums

If Chief Accountant regularly transferred his salary to larger amount than stipulated in the employment contract, the amount of such excess is not included in the contribution base.

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Payslips are optional

Employers do not have to provide employees with paper payslips. The Ministry of Labor does not prohibit sending them to employees by e-mail.

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Changed operator electronic document management- inform the IFTS

If the organization has refused the services of one operator of electronic document management and switched to another, it is necessary to send via TCS to tax office electronic notification of the recipient of documents.

Grounds for terminating an employment contract

The labor law clearly regulates the grounds and procedure for dismissing an employee, establishing the rules and in what cases the employment contract is terminated. In this article, we will discuss the most common reasons for dismissal.

Grounds for termination of an employment contract

The grounds for dismissal are listed in Article 77 of the Labor Code of the Russian Federation. They can be grouped into the following grounds for terminating an employment contract:

at the will of the employee;
at the behest of the employer;
by agreement of the parties;
for reasons beyond the control of the parties;
in connection with the expiration of the term of the employment contract;
for other reasons.

Dismissal initiated by an employee

The employee has the right to terminate any employment contract, both fixed-term and unlimited, on his own initiative. At the same time, employees must fulfill the mandatory conditions for terminating the employment contract. Usually, this is the so-called "working off", that is, the employee must warn about the planned dismissal in advance. As a general rule, two weeks in advance, but in some cases the warning period may be longer (when managers are dismissed) or less (for example, when they are dismissed during the trial period when hiring).

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Dismissal initiated by the employer

The grounds for dismissal in these cases are established by Article 81 of the Labor Code of the Russian Federation. which provides for the following reasons for terminating the employment contract:

liquidation of a company or closure of an individual entrepreneur;
staff reduction (number);
inconsistency of the employee with his position;
change of the owner of the company;
repeated disciplinary offenses;
one-time gross violation of duties (including absenteeism; appearance at work in a state of intoxication; disclosure of secret information; embezzlement, embezzlement, damage to other people's property committed at the place of work);
loss of trust;
conflict of interest;
immoral misconduct (for employees performing educational functions);
forgery by an employee when hiring;
cases stipulated by the contract with the management of the company.

For these cases of dismissal (except for the liquidation of the company and the closure of an individual entrepreneur), a general rule has been established according to which it is impossible to dismiss an employee during his vacation or incapacity for work. In addition, with respect to certain grounds for dismissal, additional conditions are provided for terminating an employment contract. In particular, dismissal for embezzlement is possible only if these facts are established by a verdict or order of a court or other law enforcement agencies.

Dismissal by agreement of the parties

Such an agreement can be reached at any time. The only mandatory requirement for it is the drafting of an agreement in writing. All the conditions for dismissal on this basis (terms, amounts of payments) are determined by the parties at their own discretion.

Dismissal for reasons beyond the control of the parties

The law, in particular, refers to the reasons for such dismissal: conscription of an employee into the army; reinstatement of a previously unlawfully dismissed person at work; non-election to an elective office; bringing an employee to criminal liability; impossibility to perform work on medical indications; death of an employee or employer ( natural person).

Dismissal due to the expiration of the term of the employment contract

If the term of the employment contract has ended, then it is terminated. The employing party must notify the employee about the expiration of the term three days before the dismissal. However, the failure to fulfill this condition due to the existing jurisprudence is not considered as a basis for recognizing the dismissal unlawful. However, if none of the parties announced the termination fixed-term contract and the employee continued to perform the work, then the employment contract remains in effect, the term clause expires, and the contract becomes indefinite.

When and in what cases does the employment contract terminate?

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

General grounds for termination of an employment contract

We list and describe the most common grounds for terminating an employment contract.

Dismissal at the initiative of the worker.

Dismissal often occurs at the initiative of the worker himself. Outwardly, this is formalized by the employee's filing a letter of resignation. At the same time, the employee must comply with the rule of the law on warning the employer about his intention to quit. As a general rule, from the moment of filing the application, at least 2 weeks must pass until the moment of dismissal, the so-called "working off". This time is given to the employer in order to find a replacement for the retired staff and to carry out all other necessary measures in connection with the dismissal (transfer of cases, inventory, etc.).

What should be considered here? The period of notice of dismissal for certain categories of workers may be shorter. So, seasonal workers can give warning of their dismissal in just three days. The same period is set for employees on probation. During the trial, they can write a statement three before being fired.

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

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

Dismissal "for good" and "bad"

If the dismissal occurs "in an amicable way", then the implementation of the above rules is enough to terminate the contract. However, dismissal "in an amicable way" does not always happen and may be accompanied by conflicts.

Sometimes employers force employees to write applications of their own free will. Such actions are clearly illegal. And even if an employee writes a statement under pressure from the employer, he can subsequently apply for the protection of his rights to law enforcement and control bodies (court, prosecutor's office, labor inspection) and achieve reinstatement at work. There are enough such examples in judicial practice, when in the judicial process the facts of forced dismissal of their own free will found their confirmation.

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

Dismissal at the behest of the employer

Depending on the grounds for terminating the employment contract, such dismissal can be very different. It's one thing for an employee to be laid off on a layoff with a 2-month severance pay; and it is quite another matter if he is dismissed "under the article", when such impartial information ends up in the work book. Often employers, threatening an unwanted employee with such dismissal, seek from him to write a letter of dismissal of his own free will.

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

with the liquidation of an enterprise or company or the closure of an individual entrepreneur;
reducing the number of staff at the employer;
a conflict of interest and an employee's unwillingness or inability to resolve it;
a change in the owner of the property of an enterprise or company (applies to the management team).

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There is one general rule that employers must comply with regardless of the reason for termination of the employment contract (good or bad). At the initiative of the employer, the law prohibits the dismissal of employees during periods of vacation or disability. This rule does not apply only to cases of IP closure or company liquidation.

Dismissals on other grounds

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

by agreement of the parties;
due to the expiration of the contract;
for reasons beyond our control.

The agreement of the parties must be reached in writing, drawn up in at least two copies (for the employee and for the employer). It often includes terms and conditions on employee benefits in connection with termination of employment.

If the term of the employment contract expires. and the parties do not intend to continue it, then the relationship also ends. At the same time, the employer has the obligation to notify the employee about the upcoming dismissal for this reason no later than three days before dismissal.

Upon dismissal for reasons that do not depend on the parties, the employment contract is terminated due to conscription, death, criminal prosecution, failure to choose the appropriate position, medical contraindications, etc.

Termination of an employment contract

13) provided for by an employment contract with the head of the organization, members of the collegial executive body organizations;

14) in other cases established by this Code and other federal laws.

The procedure for attestation (paragraph 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing norms labor law, local regulations, taken taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant post or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the event of the termination of the activities of a branch, representative office or other separate structural unit of an organization located in another area, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in clause 7 or 8 of part one of this article, in cases where the culpable acts giving grounds for loss of confidence, or, accordingly, an immoral misconduct were committed by the employee outside the place of work or at the place of work, but not in connection with the performance by him job responsibilities, is not allowed later than one year from the date of discovery of the misconduct by the employer.

Dismissal of an employee at the initiative of the employer is not allowed (except in the case of liquidation of the organization or termination of activities individual entrepreneur) during the period of his temporary disability and during his stay on vacation.

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 82 of this Code, which shall enter into force 90 days after the day of the official publication of the said Federal Law

Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer

See Encyclopedias and other comments on Article 82 of the Labor Code of the Russian Federation

On the constitutional and legal meaning of the provisions of the first part of Art. 82 of this Code, see Definition of the Constitutional Court of the Russian Federation of January 15, 2008 N 201-O-P

When making a decision to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer must inform the elected body of the primary trade union about this in writing no later than two months in advance. before the start of the relevant measures, and in the event that the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant measures. The criteria for mass layoffs are defined in sectoral and / or territorial agreements.

Dismissal of workers who are members of a trade union on the grounds provided for in paragraphs 2. 3 or 5 of the first part of Article 81 of this Code shall be carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When carrying out certification, which may serve as a basis for dismissing employees in accordance with paragraph 3 of part one of Article 81 of this Code, into the composition attestation commission a representative of the elected body of the corresponding primary trade union organization is included in the mandatory procedure.

The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer.

Information about changes:

Federal Law No. 387-FZ of December 23, 2010 amended Article 83 of this Code

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

See Encyclopedias and other comments on Article 83 of the Labor Code of the Russian Federation

An employment contract is subject to termination for the following circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service replacing it;

2) reinstatement in work of an employee who previously performed this work, by decision of the state labor inspectorate or the court;

General grounds for terminating an employment contract are spelled out in Article 77 Labor Code... By itself, the concept of "termination" is broader than "termination" of the contract, since it includes all cases of termination of the employment contract under the Labor Code and federal regulations.

Grounds for Terminating an Employment Contract

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

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

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

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

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

The following are distinguished as grounds for terminating an employment contract:

according to the norms of Art. 78 TC.
the validity of the employment contract under Art. 79 TC(except for situations where none of the parties demanded termination of the employment contract within the established time frame).
Termination of an employment contract on the initiative of an employee under Art. 80 or the employer under Art. 71, 81 TC.
Due to circumstances beyond the control of the parties(according to article 83 of the Labor Code).
employee at his request(or on the basis of his consent) to work for another employer or to an elective position.
Refusal of an employee to continue working due to a change in the owner of the property with a change in the jurisdiction of the company (its reorganization) under Art. 75 TC.
Employee refusal to continue work due to change(according to part 4 of article 74 of the Labor Code).
Refusal of an employee to transfer to another job, which is required by him for health reasons(based on parts 3, 4, article 73 of the Labor Code).
The employee's refusal to transfer to work in another locality together with the employer according to h. 1 tbsp. 72.1 TC.
For violation current regulations conclusion of an employment contract, which make it impossible to continue the work (according to Art. 84 of the Labor Code).

The indicated general grounds for terminating an employment contract are the same for all categories of employees. For individual groups specialists may be provided with additional and special grounds: for example, for home-based workers and workers, teachers for committing immoral offenses or athletes for using doping, etc.

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

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

Termination procedure

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

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

If the laid-off worker is a member of the trade union, then his dismissal is preliminarily agreed in the trade union organization. There are some other special requirements that need to be taken into account: for example, the priority right to retain certain categories of workers (for example, with high qualifications) or the need for documentary confirmation of the fact of a gross violation (for example, a court verdict in fact).

If the contract is terminated on the initiative of the employee, then he must apply to the employer for dismissal. This must be done 2 weeks before the upcoming dismissal, since the employer has the right to appoint such a period to search for a replacement and transfer cases to another employee. At the same time, by agreement of the parties, the employment contract may terminate before 14 days have expired.

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

In some cases, an employee may not work after filing a letter of resignation... For example, if the reason for the termination of the employment contract is the employee’s exit, then he himself can prescribe the date of his departure. It is also not allowed to detain an employee who leaves work for the purpose of caring for a disabled child.

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

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

Publication of the dismissal and familiarization of the employee with it under signature... The order is drawn up according to the unified form T-8 or according to the form approved by the company. It necessarily prescribes the basis for dismissal and a link to a document that confirms the legality of the application of this basis (for example, a letter of resignation at will). If the employee refuses to sign the order, then a corresponding note is made about this.
Filling in HR documentation(employee's personal card), etc.
Making a mark about dismissal in... It is handed to him on the last working day, about which the employee signs in a special journal. If he evades receiving a work book, then the employer is obliged to send it to his home address.
Final settlement with the employee on his last working day.

The date of termination of the employment contract is the last working day of the employee. If the employee did not fulfill his job duties, then the last day is the day specified in the order (according to Art. 84.1). It was on this day that the employee should finally pay off and give him a work book.

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

If, in the course of the final settlements, the employer and the employee have a disputed amount, then the employee is paid the uncontested part, and the rest - based on the results of the resolution of the disputed issues.

Thus, the general grounds for terminating an employment contract are detailed in labor law. They depend on the type of employment contract concluded with the employee and on the employee's status.

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Termination of an employment contract means the termination of the employment relationship between the employee and the employer. In the current labor legislation, along with the concept of "termination of an employment contract" there are other concepts that mean the end of labor relations between the parties to an employment contract: "termination of the employment contract" and "dismissal". These concepts are close in meaning, but not identical and differ in their legal content.

Thus, the termination of an employment contract is the termination of the employment legal relationship between the employee and the employer. "Termination of an employment contract" is the most general and broadest concept that covers all cases of termination of a concluded employment contract, termination of an employment relationship (by agreement of the parties; at the initiative of an employee or employer; at the request of authorized third parties; on grounds that exclude for any reason circumstances, the possibility of continuing labor relations, etc.).

The concept of "dismissal of an employee", in fact, is close to the concept of "termination of an employment contract", but it does not cover cases of termination of an employment contract due to circumstances beyond the control of the parties.

"Termination of an employment contract" is a narrower concept, it is a volitional termination of labor relations at the initiative of one of the parties to the employment contract or at the initiative of certain bodies that have the right to demand this termination. The difference between the concept of "termination of an employment contract" from the concept of "termination of an employment contract" is that the former covers both volitional unilateral and bilateral actions and events, while the latter only covers unilateral volitional actions.

An employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for dismissing an employee on this specific basis. The basis for the termination of an employment contract is a circumstance of life, which is enshrined in the law as a legal fact necessary for the termination of an employment relationship. Termination of an employment contract means the dismissal of the employee at the same time.

An entire chapter - 13 is devoted to the termination of an employment contract in the Labor Code of the Russian Federation, which provides for the grounds and procedure for terminating an employment contract. At the same time, the Labor Code of the Russian Federation is not the only normative legal act regulating the termination of an employment contract. So, the grounds for terminating employment contracts, different from those given in the Labor Code of the Russian Federation, are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is allowed by the current legislation and does not contradict it. The Labor Code of the Russian Federation regulates the right of the parties to an employment contract in certain cases to include in the employment contract additional grounds for terminating labor relations (Articles 278, 307, 312, 347 of the Labor Code of the Russian Federation).

Termination of an employment contract is considered legal provided that, in addition to the existence of a statutory basis, the employer has complied with the established procedure for terminating an employment contract, as well as guarantees upon dismissal established by law for certain categories of employees are provided.

So, the dismissal of an employee at the initiative of the employer during the period of his temporary disability and during his stay on vacation (part 3 of article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child under eighteen years of age), other persons raising these children without a mother are not allowed on the initiative of the employer (except for dismissal under clause 1, sub. . 5-8, 10 and 11 of Art.81 of the Labor Code of the Russian Federation).

The dismissal of an employee under paragraph 5 of Article 82 of the Labor Code of the Russian Federation is made taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

Consideration of the opinion of the union body is not required if a non-union employee is fired or the organization has a union, but the employee has a membership relationship with another union that does not have a primary union body in the organization.

Employee representatives participating in collective bargaining, during the period of their conduct, cannot be dismissed at the initiative of the employer without the prior consent of the body. Authorizing them to represent them, except in cases of termination of an employment contract for a misdemeanor, for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work.

Termination of an employment contract with an employee under the age of 18 on the initiative of the employer (except in cases of liquidation of the organization), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors.

According to Art. 374 of the Labor Code of the Russian Federation, dismissal at the initiative of the employer in accordance with paragraph 2, sub. "b" clause 3 and clause 5 of Art. 81 of the Labor Code of the Russian Federation of heads (their deputies) of the elected trade union collegial bodies of the organization, its structural units(not lower than the shop floor and equated to them), not exempted from the main work, is allowed in addition to general order dismissal only with the prior consent of the respective higher elected trade union body.

At the same time, the provisions of the first part of Art. 374 of the Labor Code of the Russian Federation shall be applied in accordance with the constitutional and legal meaning identified in the determination of the Constitutional Court of the Russian Federation dated 04.12.2003 No. 421-O “In the case of checking the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 of the Labor Code of the Russian Federation and clause 3 of Art. 25 of the Federal Law "On trade unions, their rights and guarantees of activity", which recognized the norms contained in federal laws and prohibiting the dismissal of an employee who committed an unlawful act, which is a legal basis for termination of an employment contract on the initiative of the employer, as not in line with the Constitution. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated failure to perform labor duties without good reason, if he has a disciplinary penalty, constitutes a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time as a subject economic activity and the owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (part 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and therefore contradicts the requirements of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

General grounds for terminating an employment contract are contained in article 77 of the Labor Code of the Russian Federation

The grounds for terminating an employment contract are:

1) agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

2) the expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases when the employment relationship actually continues and none of the parties demanded their termination;

3) termination of the employment contract on the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

4) termination of the employment contract on the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);

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

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

7) the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);

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

9) the employee's refusal to transfer to work in another locality together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);

10) circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

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

An employment contract can be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties presupposes the mutual desire of the employee and the employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated at the time agreed by the parties, that is, at any time. An agreement to terminate an employment contract does not exclude the possibility of dismissing an employee at his own request or, if there are grounds for that, at the initiative of the employer.

Termination of an employment contract at the initiative of the employee implies a desire to terminate the employment contract of one party (employee), and the employer is obliged to terminate the relationship with the employee upon expiration of the warning period.

The employee has the right to terminate the employment contract by notifying the employer about this in writing no later than two weeks, unless another period is established by the Labor Code of the Russian Federation or other federal law. The course of the specified period begins on the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing the norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the time period specified in the employee's application.

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

The employer, before the expiration of the juice of the notice of dismissal, is not deprived of the right to dismiss the employee if he has committed a misdemeanor, which is the basis for dismissal.

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

The right to terminate an employment contract on the initiative of an employee is vested not only with an employee who has entered into an employment contract for an indefinite period, but also an employee who works under a fixed-term employment contract.

If an employee under the age of 18 submits an application for termination of an employment contract, it is necessary to first obtain the consent of the relevant state labor inspectorate and the commission on juvenile affairs.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 contains a provision clarifying to the courts the issues of applying the legislation governing the termination of an employment contract at the initiative of an employee, concluded for an indefinite period, as well as a fixed-term employment contract (paragraph 3 of Article 77, Article 80 of the Labor Code of the Russian Federation ). Keep in mind the following:

a) termination of the employment contract on the initiative of the employee is permissible in the case when the submission of the application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to apply for dismissal of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

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

An employment contract may be terminated at the initiative of the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction of the number or staff of employees of an organization, an individual entrepreneur;

3) inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by the employee without good reason of labor duties, if he has a disciplinary sanction;

6) one-time gross violation of labor duties by an employee:

( shifts);

b) the appearance of the employee at work (at his workplace or on the territory of the organization - the employer or facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, drug or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that have become known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including minor) of someone else's property, embezzlement, deliberate destruction or damage, established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) violation of labor protection requirements established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer;

8) an employee performing educational functions has committed an immoral offense incompatible with the continuation of this work;

9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

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

11) submission by the employee to the employer of false documents when concluding an employment contract;

12) is no longer valid.

13) provided for by an employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by the Labor Code of the Russian Federation and other federal laws.

The procedure for attestation (paragraph 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) , which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the culpable actions giving grounds for loss of confidence, or, accordingly, an immoral misconduct were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of labor duties, not allowed later than one year from the date of discovery of the misconduct by the employer.

The dismissal of an employee at the initiative of the employer (except for the case of liquidation of the organization or the termination of activities by an individual entrepreneur) during the period of his temporary disability and during the period of his vacation is not allowed.

When considering a case on reinstatement of a person whose employment contract has been terminated on the initiative of the employer, the employer is responsible for proving the existence of a legal basis for dismissal and compliance with the established procedure for dismissal.

When considering cases of reinstatement at work, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of inadmissibility of abuse of the right, including on the part of the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability at the time of his dismissal from work or the fact that he is a member of a trade union or the head (his deputy) of an elected trade union collegial body of an organization, its structural subdivisions (not lower than shop and equated to them), not exempted from the main job, when the decision of the issue of dismissal must be carried out in compliance with the procedure for taking into account the reasoned opinion of the elected trade union body of the organization or, respectively, with the prior consent of the higher elected trade union body.

When the court establishes the fact of abuse of the employee's right, the court may refuse to satisfy his claim for reinstatement at work (at the same time, at the request of the employee who was dismissed during the period of temporary disability, the date of dismissal), since in this case the employer should not be responsible for the adverse consequences arising from unfair actions on the part of the employee (clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004).

As a general rule, the parties cannot include in the employment contract additional grounds for dismissing employees in addition to those provided for in the law, since this can be considered as a decrease in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the employment contract, then they are not applicable.

Termination of an employment contract with pregnant women on the initiative of the employer is not allowed, except in cases of liquidation of the organization or the termination of activities by an individual entrepreneur.

Part 1 of Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer. The prohibition on dismissal applies to all grounds for dismissal at the initiative of the employer, specified both in the Labor Code of the Russian Federation and in other federal laws.

Dismissal of a pregnant woman on other grounds not related to the initiative of the employer, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in general order.

In the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but no more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to the expiration of its validity within a week from the day when the employer learned or should have learned about the fact of the end of pregnancy.

An employment contract extended in this way does not cease to be urgent by virtue of the direct instruction of the law. At the same time, a woman is provided with all the benefits to which she is entitled in connection with pregnancy, including the right to transfer to another job and to be released from work while maintaining average earnings if such a transfer is impossible.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer (such as a vacant position or job, appropriate qualifications of a woman, and a vacant lower position or lower-paid job), which a woman can perform, taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal on the grounds provided for in clauses 1, 5 - 8, 10 or 11 of the first part of Article 81 or clause 2 of Article 336 of the Labor Code of the Russian Federation). ";

An employment contract is subject to termination for the following circumstances, which do not depend on the will of the parties (Article 83 of the Labor Code of the Russian Federation):

1) conscription of an employee for military service or sending him to an alternative civilian service replacing it;

2) reinstatement in work of an employee who previously performed this work, by decision of the state labor inspectorate or the court;

3) non-election to office;

This basis applies to those employees who were not elected to the position a second time to their position, although they applied for it. If the employee did not submit documents for election to the position, then he is dismissed due to the expiration of the employment contract under paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

4) conviction of the employee to a punishment precluding the continuation of the previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;

Recognition of an employee as completely incapable may take place in accordance with a medical certificate issued by the body or institution that is competent to issue such an opinion.

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

In accordance with Art. 45 of the Labor Code of the Russian Federation, a citizen can be declared dead by a court if there is no information at his place of residence about his place of stay for five years, and if he disappeared under circumstances that threaten death or give reason to assume his death from a certain accident, - in within 6 months.

7) the onset of extraordinary circumstances that prevent the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the corresponding constituent entity of the Russian Federation;

8) disqualification or other administrative punishment excluding the possibility of the employee fulfilling his obligations under the employment contract;

Disqualification is the deprivation of an individual from the right to occupy leadership positions in the executive body of a legal entity for a period of 6 months to 3 years. In addition to disqualification, the expulsion from the territory of the Russian Federation of a foreign citizen (or stateless person) who was in an employment relationship with an employer may also take place.

9) expiration, suspension of validity for more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if it is entails the impossibility of the employee to fulfill his obligations under the employment contract;

10) termination of admission to state secrets, if the work performed requires such admission;

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work.

An employment contract is terminated due to violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if violation of these rules excludes the possibility of continuing work, in the following cases:

conclusion of an employment contract in violation of a court verdict to deprive a specific person of the right to borrow certain positions or engage in certain activities;

conclusion of an employment contract for the performance of work contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation;

lack of an appropriate education certificate, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;

conclusion of an employment contract in violation of a decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment, excluding the possibility of the employee fulfilling his obligations under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the employment of citizens dismissed from the state or municipal service;

in other cases stipulated by federal laws.

If the violation of the rules for concluding an employment contract established by this Code or other federal law was not admitted through the employee's fault, then the employee is paid severance pay in the amount of the average monthly earnings. If the violation of these rules was committed through the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

"Simplified taxation system: accounting and taxation", 2008, N 12

Any employer is faced with the need to terminate an employment contract. Personnel can change, moreover, due to the specifics of a small business, this process is often continuous. In this regard, the hiring and firing of workers should be procedures that do not present any difficulties for employers. Since the issues of admission to work, as well as changes in the terms of the employment contract were considered earlier<1>, we propose to study the legal regulation of the termination of an employment contract.

In the Labor Code legal regulation general rules for termination of an employment contract is devoted to Ch. 13. The main requirement for dismissal is that it must be legal. Dismissal is considered legal if it has the grounds specified in the law or established in the manner prescribed by law. So, in addition to those named in Ch. 13 of the Labor Code of the Russian Federation, for certain categories of employees, additional grounds may be provided for, specified in other chapters of the Labor Code of the Russian Federation, other federal laws, or additional grounds for its termination may be stipulated in the employment contract itself.

Based on the analysis of arbitration practice, the following points can be distinguished to which the court pays attention when considering the issue of dismissal:

on whose initiative the employment contract was terminated;
whether the grounds and reasons for the dismissal recorded in work book and order, valid reasons for dismissal;
whether the rules for dismissal on this basis were followed.

Now you need to understand the terminology. Labor law mainly uses three terms: termination of an employment contract, termination of an employment contract, and dismissal. All of them mean the termination of labor relations, while there are some differences. Termination of an employment contract is the broadest term that covers all grounds for termination of an employment contract. Termination of an employment contract includes the termination of employment legal relations in the following cases:

at the initiative of one of the parties;
due to the will of both parties;
termination of a fixed-term employment contract.

The term “dismissal” applies exclusively to the employee.

In addition, in the Labor Code of the Russian Federation, the term "cancellation of an employment contract" is sometimes used - the recognition of an employment contract as non-existent due to the fact that the employee refused to perform his labor duties in the manner and on the conditions provided for in Art. 61 of the Labor Code of the Russian Federation. In accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation, the conditions for canceling an employment contract are:

the expiration of the statutory period (one week) during which the employee must begin to perform his job duties;
absence of valid reasons for the employee's absence from work.

Cancellation cannot be classified as a form of termination of an employment contract, since employment relationship in this case do not arise. Cancellation is done by canceling the job order. If there are valid reasons in connection with which the employee did not start work, it is recommended to conclude an additional agreement, which should indicate the date of the start of work (change in the employment contract by agreement of the parties). The situation when a record of employment is made in the work book, and the employment contract is canceled, is not legally regulated. In general, the employer is obliged to keep work books of employees who have worked for five days, so it is recommended not to start it earlier.

General grounds for termination of an employment contract

General grounds for terminating an employment contract are provided for in Art. 77 of the Labor Code of the Russian Federation:

agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases when the employment relationship actually continues and none of the parties demanded their termination;
termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
termination of an employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);
transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position);
the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (part 4 of article 74 of the Labor Code of the Russian Federation);
the employee's refusal to transfer to another job that he needs in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job (parts 3 and 4 of article 73 of the Labor Code of the Russian Federation);
the employee's refusal to transfer to work in another locality together with the employer (part 1 of article 72.1 of the Labor Code of the Russian Federation);
circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract can be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties

This basis is provided for in paragraph 1 of Part 1 of Art. 77, art. 78 of the Labor Code of the Russian Federation. An employment contract can be terminated by agreement of the parties at any time. This requires the expression of the will of both parties, but the possibility of using the initiative of both one and the other side is not excluded. The employee's initiative can be expressed in the form of a statement with a mandatory indication of the desire to quit under paragraph 1 of Part 1 of Art. 77 of the Labor Code of the Russian Federation. If the employer agrees to dismiss the employee, it is necessary to draw up a written additional agreement with reference to clause 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, where the name of the employer, the last name, first name and patronymic of the employee, the intention of the parties to terminate the employment relationship, the date of their termination, as well as the conditions and amount of additional compensation, if the parties have agreed, must be indicated.

Termination of a fixed-term employment contract

Termination of a fixed-term employment contract is governed by Art. 79, paragraph 2, part 1 of Art. 77 of the Labor Code of the Russian Federation.

A fixed-term employment contract is terminated upon the expiration of its validity period. The employee must be notified about this in writing at least three calendar days before dismissal, unless the term of the fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires.

An employment contract concluded at the time of execution:

a certain work, terminates upon its completion;
the duties of an absent employee are terminated when they return to work;
seasonal work during a certain period (season), terminates at the end of this period (season).

It is important to note that a fixed-term employment contract does not automatically end when it expires. To terminate an employment contract in this case, someone's initiative is necessary, since if the contract is not terminated on time, it is transformed into an unlimited contract.

If an employee working under a fixed-term employment contract is transferred to another job without specifying the transfer period and the parties have not agreed that the fixed-term employment contract is still in force, then the fixed-term employment contract becomes an indefinite contract. Thus, after the expiration of the term of the initial employment contract, neither of the parties can demand termination of the employment contract on this basis.

Termination of an employment contract at the initiative of the employee (at his own request)

This basis is provided for in paragraph 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, is regulated in detail by Art. 80 of the Labor Code of the Russian Federation. This is the most common ground for terminating an employment contract.

The employee has the right to terminate the employment contract by notifying the employer about this in writing (by writing a statement of termination of the employment contract at his own request) no later than two weeks, unless another period is established by the Labor Code of the Russian Federation or other federal law. The course of the specified period begins on the next day after the employer receives the employee's application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements or labor contracts, the employer is obliged to terminate the employment contract within the period specified in the employee's statement. A longer period is established for the leaders of the organization: according to Art. 280 of the Labor Code of the Russian Federation, the head of the organization has the right to terminate the employment contract ahead of schedule, notifying the employer (owner of the organization's property, his representative) in writing no later than one month in advance.

In all cases, the application must indicate two dates: the date of its filing and the expected date of dismissal.

The employee is not obliged to indicate the reason for the dismissal, however, the validity of the reason may affect the calculation of seniority (for example, in the case of dismissal to care for a sick family member, seniority is charged for another three months after dismissal), as well as the procedure for payment and the amount of unemployment benefits. In this case, a good reason must be reflected in the application, and in the order, and in the work book and must be confirmed by appropriate documents (for example, a certificate from a medical institution, drawn up properly).

The application can be submitted at any time - both during work and during vacation, sick leave, etc.

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

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues. If, after missing the two-week period, the employer discharges the dismissal, such dismissal will be illegal.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book, other documents related to the work, upon a written application from the employee, and make the final settlement with him. If the employee withholds material assets, it does not make any difference to the dismissal. The employer in this situation cannot delay the dismissal and in any way prevent it. In order to protect their interests, the employer can apply to the relevant authorities to initiate a criminal case against the employee.

Termination of an employment contract at the initiative of the employer

The possibility of terminating an employment contract on the initiative of the employer is provided for in paragraph 4 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Cases when this right of the employer can be exercised, as well as the procedure for dismissal, are considered in Art. 81 of the Labor Code of the Russian Federation.

An employment contract can be terminated by the employer in the following cases:

upon liquidation of an organization or termination of activities by an individual entrepreneur. The basis for dismissal is the decision to liquidate the organization or terminate the activities of an individual entrepreneur, taken authorized body... Employees must be warned of the upcoming dismissal and dismissed before the start of the liquidation commission. From the moment the liquidation commission begins its work, the organization is considered to have ceased its activities. The employer is obliged to notify employees of the upcoming dismissal in person against signature at least two months before dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). Exceptions are established for workers working under a fixed-term employment contract (warned three calendar days in advance), and for seasonal workers (warned seven calendar days in advance). The employer, with the written consent of the employee, has the right to terminate the employment contract with him and before the expiration of the specified periods by paying him additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (as a general rule, this will be a two-month wage). The dismissed employee is paid severance pay.

On this basis, it is possible to dismiss both employees on leave, and employees during their incapacity for work, and pregnant women, and persons with family responsibilities. Persons with family responsibilities in accordance with the 1981 International Labor Organization Convention "On Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities" include women who have a school-age child, women caring for a disabled child, other family members requiring care; married women. The states that have acceded to this Convention are obliged to create facilitated conditions for the indicated categories of workers for a favorable combination of work with family responsibilities. Russian labor legislation extends this type of guarantees and benefits to fathers raising children without a mother, as well as guardians of minors, including them in the category of persons with family responsibilities.

In the event of the termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization;

with a reduction in the number or staff of employees of an organization, an individual entrepreneur. Under the reduction of the number or staff, it is customary to understand the abolition in the established order of units according to the staffing table or reduction in the number of employees.

The reasons for this reduction:

reducing the amount of work;
carrying out technical, technological, organizational measures entailing such a reduction;
change in the direction of activity, goals of the legal entity;
improvement of methods and techniques of labor, etc.

The right of staffing belongs to the employer, and he himself decides on the number and staff of employees. New staffing table approved at the time of warning employees about dismissal, and put into effect at the time of dismissal. Employees are warned two months before the upcoming dismissal.

In accordance with Art. 179 of the Labor Code of the Russian Federation, in case of a reduction in the number or staff of workers, workers with higher labor productivity and qualifications have the preferential right to remain at work. With equal labor productivity and qualifications, preference is given to:

family persons - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood);
persons in whose family there are no other workers with independent earnings;
employees who received a work injury or an occupational disease during the period of work for this employer;
disabled combatants to defend the fatherland;
employees who improve their qualifications in the direction of the employer on the job.

In addition, the current legislation provides for other categories of employees who have a pre-emptive right to remain at work.

The collective agreement may provide for other categories of workers enjoying the preferential right to remain at work with equal labor productivity and qualifications;

if the employee does not match the position held or the work performed due to insufficient qualifications, confirmed by the results of certification. In this case, insufficient qualifications must necessarily be confirmed by the results of attestation. Dismissal on the grounds provided for in clauses 2 or 3 h. 1 of Art. 81 of the Labor Code of the Russian Federation (reduction in the number or staff and inadequacy of the employee for the position or work performed) is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account the state of his health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract;
when the owner of the organization's property changes (in relation to the head of the organization, his deputies and the chief accountant). According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the organization's property changes (meaning cases of a change in the form of ownership of the organization's property), the new owner, no later than three months from the date of his ownership rights, has the right to terminate the employment contract with the head of the organization, his deputy and the chief accountant. Change of ownership of the organization's property is not a basis for terminating employment contracts with other employees of the organization;
at repeated failure an employee without a valid reason for labor duties, if he has a disciplinary penalty;
in case of a single gross violation of labor duties by an employee:

a) absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, or absence from the workplace without good reason for more than four hours in a row during the working day (shift);

b) the appearance of an employee at work (at his workplace or on the territory of the employing organization or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, drug or other toxic intoxication;

d) theft (including minor) of someone else's property, embezzlement, deliberate destruction or damage at the place of work, established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) violation of labor protection requirements by the employee established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or deliberately created a real threat of such consequences;

when an employee who directly serves monetary or commodity values commits guilty actions, if these actions give rise to a loss of confidence in him on the part of the employer. Termination of an employment contract with an employee in this case is only possible in relation to employees directly serving monetary or commodity values (reception, storage, transportation, distribution, etc.), and provided that they committed such culpable actions that gave the employer a reason to lose confidence in them. If the fact of theft, bribery and other mercenary offenses is established in the manner prescribed by law, these employees may be dismissed on the basis of loss of confidence in them and in the event that these actions are not related to their work;
when an employee performing educational functions commits an immoral act incompatible with the continuation of this work. In accordance with the position of the Supreme Court, expressed in the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2, on this basis it is allowed to fire only those employees who are engaged in educational activities, for example, teachers, teachers educational institutions, masters of industrial training, educators of children's institutions, and regardless of where the immoral act was committed: at the place of work or at home. Dismissal of an employee on the basis provided for in clauses 7 or 8 h. 1 of Art. 81 of the Labor Code of the Russian Federation, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral act committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date detection of misconduct by the employer;
when an unreasonable decision is made by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization. Termination of an employment contract on this basis is permissible only in relation to the heads of the organization (branch, representative office), his deputies and the chief accountant and provided that they made an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization ... When deciding whether it was decision unreasonable, it is necessary to take into account whether the named adverse consequences occurred as a result of this decision and whether they could have been avoided in the event of a different decision. Moreover, if the employer does not present evidence in court confirming the occurrence of these adverse consequences, the dismissal on this basis cannot be recognized as lawful;
in case of a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties. The employer has the right to terminate the employment contract with the head of the organization (branch, representative office) or his deputies if they committed a single gross violation of their labor duties. The question of whether the violation was gross is decided on the basis of specific circumstances. In this case, the duty to prove that such a violation actually took place and was of a gross nature lies with the employer.

As a gross violation of labor duties by the head of the organization (branch, representative office), his deputies should, in particular, regard the failure to fulfill the duties assigned to these persons by the employment contract, which could lead to harm to the health of employees or property damage to the organization.

Based on the content of clause 10, part 1 of Art. 81 of the Labor Code of the Russian Federation, heads of other structural divisions of the organization and their deputies, as well as the chief accountant of the organization cannot be dismissed on this basis. However, an employment contract with such employees may be terminated for a single gross violation of their labor obligations under clause 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation, if the acts committed by them fall under the list of gross violations specified in paragraphs. "a" - "d" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation, or in other cases, if it is provided for by federal laws;

when the employee presents to the employer forged documents when concluding an employment contract;
in cases stipulated by the employment contract with the head of the organization, members of the collegial executive body of the organization;
in other cases established by the Labor Code of the Russian Federation and other federal laws.

The dismissal of an employee at the initiative of the employer (except for the case of liquidation of the organization or the termination of activities by an individual entrepreneur) is not allowed during the period of temporary disability of the employee and during his stay on vacation.

Termination of an employment contract due to circumstances beyond the control of the parties

Termination of an employment contract due to circumstances beyond the control of the parties is governed by Art. 83 of the Labor Code of the Russian Federation. An employment contract is subject to termination for the following circumstances beyond the control of the parties:

conscription of an employee for military service or sending him to an alternative civilian service replacing it;
reinstatement of an employee who previously performed this work at work, by decision of the state labor inspectorate or the court;
non-election to office;
conviction of the employee to a punishment that excludes the continuation of the previous work, in accordance with a court verdict that has entered into legal force;
recognition of an employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
the onset of extraordinary circumstances that prevent the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other extraordinary circumstances), if this circumstance is recognized as such by a decision of the Government of the Russian Federation or a body state power subject of the Russian Federation;
disqualification or other administrative punishment excluding the possibility of the employee fulfilling his obligations under the employment contract;
expiration of the validity period, suspension of validity for a period of more than two months or deprivation of the employee of a special right (license, right to drive vehicle, to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling the employee's obligations under the employment contract;
termination of admission to state secrets, if the work performed requires such admission;
cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;
bringing the total number of employees who are foreign citizens or stateless persons in line with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activity on the territory of the Russian Federation.

Termination of an employment contract on the grounds provided for in clauses 2, 8, 9 or 10 h. 1 of Art. 83 of the Labor Code of the Russian Federation, it is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account the state of his health ... At the same time, the employer is also obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

An employment contract on the basis provided for in clause 12 of part 1 of Art. 83 of the Labor Code of the Russian Federation, terminates no later than the end of the period established by the Government of the Russian Federation to bring employers engaged in certain types of economic activities in the territory of the Russian Federation, the total number of employees who are foreign citizens or stateless persons, in accordance with the permissible share of such employees.

Termination of an employment contract due to violation of the rules for concluding an employment contract

This basis for the termination of the employment contract is devoted to Art. 84 of the Labor Code of the Russian Federation. An employment contract is terminated due to violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if violation of these rules excludes the possibility of continuing work, in the following cases:

conclusion of an employment contract in violation of a court verdict on deprivation of a specific person of the right to hold certain positions or engage in certain activities;
conclusion of an employment contract for the performance of work contraindicated this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
lack of an appropriate education certificate, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;
conclusion of an employment contract in violation of a decision of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment, excluding the possibility of the employee fulfilling his obligations under the employment contract;
in other cases stipulated by federal laws.

In these cases, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform, taking into account his condition. health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

If the violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law is not the fault of the employee, the employee is paid severance pay in the amount of the average monthly wage. If the violation of these rules was committed through the fault of the employee, the employer is not obliged to offer him another job, and the employee is not paid severance pay.

Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer

As practice shows, the "simplified", unfortunately, cannot boast of having trade unions at their enterprises. But if there are any, when deciding to reduce the number or staff of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to inform in writing the elected body of the primary trade union organization no later than two months before the start of the relevant events, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months prior to the commencement of the relevant events. The criteria for mass layoffs are defined in sectoral and / or territorial agreements.

Dismissal of workers who are members of a trade union, on the grounds provided for in clauses 2, 3 or 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, is made taking into account the reasoned opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 373 of the Labor Code of the Russian Federation.

When conducting certification, which may serve as the basis for the dismissal of employees in accordance with paragraph 3 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, a representative of an elected body of the corresponding primary trade union organization is included in the certification commission.

General procedure for registration of termination of an employment contract

The legal regulation of the general procedure for the termination of an employment contract is devoted to Art. 84.1 of the Labor Code of the Russian Federation. Termination of an employment contract is formalized by an order (decree) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). If the order (order) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (order).

The day of termination of the employment contract is the last day of the employee's work, except for cases when the employee did not actually work, but his place of work (position) was retained by virtue of the Labor Code of the Russian Federation or other federal laws.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments with him in accordance with Art. 140 of the Labor Code of the Russian Federation. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work.

If on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it, the employer must send the employee a notice of the need to appear for the work book or agree to send it by mail. From the day the specified notification is sent, the employer is released from liability for the delay in issuing a work book. The employer is also not responsible for the delay in the issuance of a work book in cases of discrepancy last day work with the day of registration of the termination of labor relations upon dismissal of an employee on the basis provided for in paragraphs. "a" clause 6, part 1 of Art. 81 or clause 4 of part 1 of Art. 83 of the Labor Code of the Russian Federation, and upon the dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy in accordance with Part 2 of Art. 261 of the Labor Code of the Russian Federation. At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

Making an entry on the termination of an employment contract in a work book

Records of the reasons for termination of the employment contract are entered in the work book on the basis of an order in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and are made on the last working day.

The record of dismissal (termination of the employment contract) in the employee's work book is made in the following order:

in column 1, the ordinal number of the record is put;
column 2 indicates the date of dismissal (termination of the employment contract);
in column 3, an entry is made about the reason for the dismissal (termination of the employment contract);
column 4 indicates the name of the document on the basis of which the entry was made (order (order) or other decision of the employer), its date and number.

The date of dismissal (termination of an employment contract) is considered the last day of work, unless otherwise provided by federal law, an employment contract or an agreement between the employer and the employee.

Let's consider the most common situations of termination of an employment contract and show what entries must be made in this work book.

Example 1... The employment contract is terminated at the initiative of the employee, or he leaves at his own request (clause 3, part 1 of article 77, article 80 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translated into another constant work, qualifications, dismissal (indicating reasons and reference to article, clause of the law)	Name, date and number document on the basis whom introduced recording
number	month	year
1	2	3	4
...	...	...	...	...	...
7	24	11	2008	Labor contract terminated by employee initiative in According to paragraph 3 of part 1 article 77 of the Labor code of the Russian Federation Head of HR department <2> Ivanov A.B. Signature M.P.	Order from November 24, 2008 N 29

<2>If the personnel department is absent, the signature of the responsible person appointed by the order of the director is put.

Example 2... The employment contract is terminated by agreement of the parties (clause 1, part 1 of article 77, article 78 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translated into another constant work, qualifications, dismissal (indicating reasons and reference to article, clause of the law)	Name, date and number document on the basis whom introduced recording
number	month	year
1	2	3	4
...	...	...	...	...	...
12	15	10	2008	Labor contract terminated by agreement of the parties to According to paragraph 1 of part 1 article 77 of the Labor code of the Russian Federation Director of LLC "Lira" Petrov L.M. Signature M.P.	Order from 15.10.2008 N 65

Example 3... The employment contract is terminated on the initiative of the employer upon liquidation of the organization or the termination of activities by an individual entrepreneur (clause 4, part 1 of article 77, article 81 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translated into another constant work, qualifications, dismissal (indicating reasons and reference to article, clause of the law)	Name, date and number document on the basis whom introduced recording
number	month	year
1	2	3	4
...	...	...	...	...	...
2	20	10	2008	Labor contract terminated due to liquidation of LLC "Azot", point 1 of part 1 Article 81 of the Labor code of the Russian Federation Head of HR department Sidorova L.A. Signature M.P.	Order from 20.10.2008 N 46

Example 4... The employee was dismissed at the initiative of the employer for absenteeism (clause 4, part 1 of article 77, article 81 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translated into another constant work, qualifications, dismissal (indicating reasons and reference to article, clause of the law)	Name, date and number document on the basis whom introduced recording
number	month	year
1	2	3	4
...	...	...	...	...	...
2	20	10	2008	Labor contract terminated by employer's initiative for absenteeism, subparagraph "a" paragraph 6 of part 1 Article 81 of the Labor code of the Russian Federation Head of HR department Vasilyeva L.A. Signature M.P.	Order from 20.10.2008 N 48

I. V. Kostin

Journal Expert

"Simplified taxation system:

accounting and taxation "

Grounds for termination of an employment contract

The grounds for dismissal are listed in Article 77 of the Labor Code of the Russian Federation. They can be grouped into the following grounds for terminating an employment contract:

at the will of the employee;
at the behest of the employer;
by agreement of the parties;
for reasons beyond the control of the parties;
in connection with the expiration of the term of the employment contract;
for other reasons.

Dismissal initiated by an employee

Dismissal initiated by the employer

The grounds for dismissal in these cases are established by Article 81 of the Labor Code of the Russian Federation, which provides for the following reasons for terminating an employment contract:

liquidation of a company or closure of an individual entrepreneur;
staff reduction (number);
inconsistency of the employee with his position;
change of the owner of the company;
repeated disciplinary offenses;
one-time gross violation of duties (including absenteeism; appearance at work in a state of intoxication; disclosure of secret information; embezzlement, embezzlement, damage to other people's property committed at the place of work);
loss of trust;
conflict of interest;
immoral misconduct (for employees performing educational functions);
forgery by an employee when hiring;
cases stipulated by the contract with the management of the company.

Dismissal by agreement of the parties

Dismissal for reasons beyond the control of the parties

The law, in particular, refers to the reasons for such dismissal: conscription of an employee into the army; reinstatement of a previously unlawfully dismissed person at work; non-election to an elective office; bringing an employee to criminal liability; impossibility to perform work for medical reasons; death of an employee or employer (individual).

Dismissal due to the expiration of the term of the employment contract

If the term of the employment contract has ended, then it is terminated. The employing party must notify the employee about the expiration of the term three days before the dismissal. However, the failure to comply with this condition, according to the available judicial practice, is not considered as a basis for recognizing the dismissal as illegal. However, if none of the parties announced the termination of the fixed-term contract and the employee continued to perform the work, then the employment contract remains valid, the term condition becomes invalid, and the contract becomes indefinite.

Termination of an employment contract. In what cases the employment contract is terminated: grounds and requirements In what cases it terminates

Grounds for terminating an employment contract

Grounds for termination of an employment contract

Dismissal initiated by an employee

Dismissal initiated by the employer

Dismissal by agreement of the parties

Dismissal for reasons beyond the control of the parties

Dismissal due to the expiration of the term of the employment contract

Also read:

When and in what cases does the employment contract terminate?

General grounds for termination of an employment contract

Dismissal at the initiative of the worker.

Dismissal "for good" and "bad"

Dismissal at the behest of the employer

Dismissals on other grounds

Termination of an employment contract

Information about changes:

Information about changes:

Grounds for Terminating an Employment Contract

Termination procedure

General grounds for termination of an employment contract

Termination of an employment contract by agreement of the parties

Termination of a fixed-term employment contract

Termination of an employment contract at the initiative of the employee (at his own request)

Termination of an employment contract at the initiative of the employer

Termination of an employment contract due to circumstances beyond the control of the parties

Termination of an employment contract due to violation of the rules for concluding an employment contract

Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer

General procedure for registration of termination of an employment contract

Making an entry on the termination of an employment contract in a work book

Grounds for termination of an employment contract

Dismissal initiated by an employee

Dismissal initiated by the employer

Dismissal by agreement of the parties

Dismissal for reasons beyond the control of the parties

Dismissal due to the expiration of the term of the employment contract