When and in what cases does the employment contract terminate? In what cases the employment contract is terminated In what actions of the employment contract is terminated

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

Any employer faces the need to terminate 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, 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 workers, 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 dismissal recorded in the work record book and order correspond to the actual 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 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 fulfill job responsibilities in the manner and on the conditions provided for by 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:

1. agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
2. expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), with the exception of cases when the employment relationship actually continues and none of the parties demanded their termination;
3. termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
4. termination of an employment contract at 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 4 of article 74 of the Labor Code of the Russian Federation);
8. 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);
9. 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);
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

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, except for cases when 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 an application for termination of the employment contract under on their own) 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 norms labor law, local regulations, the terms of the 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. 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 record 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 give the employee work book, other documents related to work, at the written request of 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:

1. 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 its activities. individual entrepreneur adopted 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;

1. 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;

1. 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 held or work performed) 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 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;
2. 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;
3. in case of repeated non-fulfillment by the employee without good reason of work duties, if he has disciplinary action;
4. 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;

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) 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;

1. 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;
2. 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;
3. 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;
4. 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 Chief Accountant organizations 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;

1. when the employee presents to the employer forged documents when concluding an employment contract;
2. in cases stipulated by the employment contract with the head of the organization, members of the collegial executive body organizations;
3. 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:

1. conscription of an employee for military service or sending him to an alternative civilian service replacing it;
2. reinstatement of an employee who previously performed this work at work, by decision of the state labor inspectorate or the court;
3. non-election to office;
4. 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;
5. recognition of the employee as completely incapable of labor activity in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;
6. death of an employee or employer - natural person, as well as the recognition by the court of an employee or employer - an individual as deceased or missing;
7. 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 government body of a 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;
9. 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 inability 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;
12. 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.

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 work 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 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 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 that excludes 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 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.

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 employees 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, as part of attestation commission v mandatory the representative of the elected body of the respective primary trade union organization is included.

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.

General procedure for registration of termination of an employment contract

Legal regulation general order termination of the employment contract is dedicated 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 terminating 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).

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).

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 of part 1 of article 77, article 81 of the Labor Code of the Russian Federation).

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

I. V. Kostin

Journal Expert

"Simplified taxation system:

accounting and taxation "

The grounds for terminating an employment contract are:

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

2) the expiration of the term of the employment contract (Article 79 of this Code), 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 this Code);

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

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

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

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

8) the employee's refusal to transfer to another job that is necessary for him in accordance with the medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the employer's lack of appropriate work (parts three and four of Article 73 of this Code);

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

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

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

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

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

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

An employment contract concluded for the duration of a certain job terminates upon completion of that job.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

An employment contract entered into for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80. Termination of an employment contract on the initiative of an employee (at his own request)

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks in advance, unless another period is established by this Code 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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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, the 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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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 this Code and other federal laws, cannot be denied to conclude an employment contract.

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, 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.

Article 81. Termination of an employment contract on the initiative of the employer

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

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(Clause 3 as amended by Federal Law of 30.06.2006 N 90-FZ)

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 failure an employee without a valid reason for labor duties, if he has a disciplinary penalty;

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

( shifts);

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(Clause "b" as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

12) is no longer valid. - Federal Law of 30.06.2006 N 90-FZ;

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 this Code and other federal laws.

The procedure for attestation (clause 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.

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.

(Part four as amended by Federal Law of 30.06.2006 N 90-FZ)

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 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 of labor duties, not allowed later than one year from the date of discovery of the misconduct by the employer.

(part five was introduced by the Federal Law of 30.06.2006 N 90-FZ)

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.

(part six was introduced by the Federal Law of 30.06.2006 N 90-FZ)

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The provision of part one of Article 82 of this Code, according to which, when deciding to reduce the number or staff of employees of the organization 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 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 measures, in the system of current legal regulation means that the employer, when making the appropriate decision, 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 termination of labor agreements (determination of the Constitutional Court of 15.01.2008 N 201-О-П).

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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Dismissal of workers who are members of a trade union, on the grounds provided for by paragraphs 2, 3 or 5 of part one 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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

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;

3) non-election to office;

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;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

7) the onset of extraordinary circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other extraordinary 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;

(Clause 8 was introduced by the Federal Law of 30.06.2006 N 90-FZ)

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 this entails the impossibility of the employee to fulfill his obligations under the employment contract;

(Clause 9 was introduced by the Federal Law of 30.06.2006 N 90-FZ)

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

(Clause 10 was introduced by the Federal Law of 30.06.2006 N 90-FZ)

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work;

(Clause 11 introduced by Federal Law of 30.06.2006 N 90-FZ)

12) 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;

(Clause 12 was introduced by the Federal Law of 30.12.2006 N 271-FZ)

13) the emergence of restrictions on the employment of certain types of labor activity established by this Code, other federal law and excluding the possibility of the employee fulfilling his obligations under an employment contract.

(Clause 13 introduced by the Federal Law of 23.12.2010 N 387-FZ)

Termination of an employment contract on the grounds provided for in clauses 2, 8, 9, 10 or 13 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 a vacant position or job corresponding to the qualifications of the employee, so and a vacant lower position or lower-paid job) that the employee can perform based on his health condition. 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.

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 23.12.2010 N 387-FZ)

An employment contract on the grounds provided for in paragraph 12 of part one of this article shall terminate no later than the end of the period established by the Government of the Russian Federation for bringing the total number of employees who are foreign citizens or stateless persons to compliance with the permissible proportion of such workers.

(part three was introduced by the Federal Law of December 30, 2006 N 271-FZ)

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law

(as amended by Federal Law of 30.06.2006 N 90-FZ)

An employment contract is terminated due to violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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 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 of the Russian Federation;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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;

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 25.12.2008 N 280-FZ)

conclusion of an employment contract in violation of the restrictions established by this Code and other federal law on engaging in certain types of labor activity;

(the paragraph was introduced by the Federal Law of 23.12.2010 N 387-FZ)

in other cases stipulated by federal laws.

(the paragraph was introduced by the Federal Law of 30.06.2006 N 90-FZ)

In the cases provided for in part one of this article, 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 according to his health condition. 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.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

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

(Part three as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 84.1. General procedure for registration of termination of an employment contract

(introduced by the Federal Law of 30.06.2006 N 90-FZ)

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). In the event that an order (order) to terminate an 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 in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with this Code or other federal law, the place of work (position) was retained for him.

On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book and make settlements with him in accordance with Article 140 of this Code. 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.

An entry in the work book on the basis and reason for the termination of an employment contract must be made in strict accordance with the wording of this Code or another federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

In the event that, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to 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 issuing a work book in cases of non-coincidence of the last day of work with the day of registration of the termination of labor relations upon dismissal of the employee on the grounds provided for by subparagraph "a" of paragraph 6 of the first part of Article 81 or paragraph 4 of the first part of Article 83 of this Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. 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.

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. In this case, employees must fulfill mandatory conditions termination of 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).

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 interests;
• 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 of performing work on medical indications; 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 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 of the fixed-term contract and the employee continued to perform the work, then the employment contract remains in effect, the term condition becomes invalid, and the contract becomes indefinite.

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.

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).

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 interests;
• 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 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 in effect, the term condition becomes invalid, and the contract becomes indefinite.

In what cases is the employment contract terminated?

Answer or solution 2

In order to legalize the relationship between the employer and the hired employee, an employment contract is concluded between them. And it can stop in different cases, which are also provided for in it. For example, if one of the parties does not fulfill the terms of the contract, then it can be terminated unilaterally. This can be the case if the employee does not receive wages or is forced to do something that is not provided for by the contract. Or, on the contrary, the employee violates discipline, work schedule and may terminate the contract with him because of this.

To begin with, it is worth understanding that an employment contract or contract is a written agreement between the employee and the employer, which specifies the rights and obligations of the parties, terms of remuneration, social insurance, etc.

General provisions for termination of an employment contract

1. The employer and the worker agree to terminate the contract;
2. The contract has expired;
3. An employee goes to work with another employer or to another position.

Termination of contract for personal reasons

Situations when the initiative for termination comes from one of the individuals:

1. At the initiative of the employee (inability to continue working; change of the owner of the organization or reorganization; change in the location of the employer, etc.). In this case, it is necessary to declare in writing about your desire to leave the position to the employer two weeks before the termination.
2. At the initiative of the employer (termination of the activity of the employer - an individual; reduction of personnel; inconsistency of the worker with his position; failure of the employee to fulfill his duties without good reason; gross violation of labor duties; loss of confidence in the employee).

Termination of a fixed-term employment contract

Termination conditions for a short-term contract:

1. If the employment contract was concluded for a certain period of work, then, with the end of this period, the contract becomes invalid.
2. If the employment contract was concluded for the period of absence of personnel in the position, then it ceases to be valid with the return of the employee to his place.
3. If the employment contract was concluded for a season (summer, spring, winter, autumn), then it ceases to be valid at the end of this season.

Termination of the contract for other reasons

In connection with situations that do not depend on the will of the parties:

1. The conscription of a worker for military or civilian service;
2. Restoration of the staff who previously held this position;
3. Rejection on workplace;
4. A court verdict prohibiting an employee from performing this work activity;
5. Medical report proving the employee's inability to work;
6. Death of one of the natural persons - employee or employer;
7. The onset of situations recognized by the Government of the Russian Federation as Emergency (war, natural disasters, epidemics, etc.);
8. Administrative punishment prohibiting the performance of their duties;
9. The expiration of the term or deprivation of the worker of special rights (carrying weapons, licenses, etc.) necessary for this work.

In what cases the employment contract is terminated: grounds and requirements

Dismissal of an employee implies the termination of the employment contract. This means that the employment relationship ends between the parties who signed the contract. The Labor Code stipulates several grounds for terminating a contract. Let us consider in more detail in which cases the employment contract is terminated.

The Labor Code regulates several aspects in which an employment contract can be canceled.

Among others, there are general grounds for terminating an employment contract:

1. Agreement of the parties.
2. End of the contract period.
3. Transfer of an employee.
4. Refusal of an employee to perform duties under the new owner.
5. Employee initiative.
6. Leader initiative.
7. Refusal of the employee to work under the new conditions.
8. Refusal to translate.
9. A case that does not depend on the will of the parties.
10. Violation of the terms of the contract.

An employment agreement can also be terminated on other grounds if they are provided for by law.

Employee initiative

Termination of an employment contract due to the desire of the employee may be due to the following points:

• Refusal to perform duties at will (in this case, the employee leaves the workplace in accordance with Article 80 of the Labor Code of the Russian Federation, by submitting an application to terminate the performance of labor duties two weeks in advance).
• Refusal to fulfill labor obligations due to medical indications (the employee must submit a medical certificate, here he is either transferred to another position, or he is dismissed altogether).

Leader initiative

When and in what cases the employment contract is terminated on the initiative of the employer? The legislation regulates the following cases:

• Negative result of passing the probationary period: when applying for a job, the conditions for passing the test must be agreed with the employee, as well as the grounds under which the contract can be terminated at this stage.
• The change essential conditions: these include a change in the place of work, a change in position, a change in insurance conditions, a change in the conditions of remuneration, etc.
• End of the agreement period: the manager is obliged to notify the employee of the dismissal three days before the end of the agreement.

Agreement of the parties

In some cases, the dismissal of an employee entails the termination of the employment contract by agreement of the parties, since this is considered the best way out of a possible situation. The initiator of such an action can be both an employee and a manager. The contract is terminated by mutual agreement, which is governed by Art. 78 of the Labor Code of the Russian Federation.

Dismissal by agreement of the parties must be formalized when drawing up a certain list of conditions. In addition, such a measure should be aimed at settling the existing conflict between the parties.

For example, not every employee wants to resign if the employer has far-fetched reasons for terminating the employment contract, or in this way it is simply necessary to replace the candidate for the position. An agreement between the parties helps to come to a common compromise.

Circumstances beyond the control of the parties

Sometimes there are circumstances that do not depend on the will of the parties. In what cases the employment contract is terminated:

1. The worker is sent to military service.
2. A court order, according to which an employee who has served in the military must be admitted to the previous place of work.
3. Negative result of being elected to an elective position.
4. A court decision by which an employee must serve a sentence.
5. Presentation of a medical certificate, which indicates the employee's disability.
6. Death of an employee and a document confirming that the citizen is missing.
7. Unforeseen situations or incidents.

Important points

1. Women in position. According to legislative norms, women who are expecting a child cannot be fired, which is justified by Art. 261 of the Labor Code of the Russian Federation. But there are cases where the clause does not affect the termination of the contract. These include fixed-term contracts and the exit to work of a temporarily absent employee, the liquidation of an organization or the termination of an individual entrepreneur.
2. Persons under the age of majority. Termination of the contract in this case is possible only with the consent of specialized juvenile affairs bodies. The rules for such actions are described in Art. 269 ​​of the Labor Code of the Russian Federation and does not apply when the company is terminated.
3. Individuals with family responsibilities. In this case, reservations are not provided. The law prohibits the dismissal of women who are raising children under 3 years old, as well as single mothers with children under 14 years old. In addition, persons raising disabled children without mothers should not be deprived of work.
4. Trade unionists. The dismissal of union members is provided for in Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
5. Foreigners. An employment contract with foreigners can be terminated only upon termination of the period of validity of the residence permit, insurance, as well as for other reasons specified in Art. 326 of the Labor Code of the Russian Federation.

Registration

It was previously considered that an employment contract can be terminated in the event of the initiative of one of the parties or a general agreement, as well as due to situations beyond the control of the circumstances.

Now we will indicate how the termination of the contract is documented. First, if an employee leaves at will, he must write a statement two weeks before the scheduled date. The document is written in the name of the manager and it should indicate the reason for the termination of the contract.

Secondly, if the dismissal occurs on the initiative of the manager, then a notification should follow from him, which informs about the upcoming termination of the contract. A similar document is sent in three days.

Further, regardless of which side the dismissal was announced and what are the grounds for terminating the employment contract, a dismissal order must be drawn up. This document is an official confirmation that the citizen no longer works in the organization. The order must contain:

• date of the last working day;
• reasons for dismissal that do not contradict legislative norms with reference to the Labor Code;
• circumstances that served for the dismissal of the employee (for example, the commission of illegal actions).

If the dismissal occurs by agreement, then you need to draw up a similar document that takes into account all the nuances of terminating the contract.

The employee must be familiarized with the order against signature.

Timing and payments

In what cases the employment contract is terminated, we have found out, now we will consider the terms in which employees or managers must warn each other about the upcoming dismissal. Everything will depend on the period for which the contract is concluded:

• open-ended contract: the employee must write a statement two weeks before the end of the work;
• fixed-term contract for two months, seasonal work: the manager must notify the employee three days in advance;
• probationary period: notification of the employee must occur no later than three days;
• contract with the manager: notification of the person holding leadership position, must occur no later than 30 days;
• contract with a coach (athlete): notification is sent one month in advance if the contract is not drawn up for four months.

Payments and compensations to those employees with whom the employment contract was canceled is regulated by Ch. 27 of the Labor Code of the Russian Federation. The amount of payments depends on the basis for dismissal:

1. Liquidation of the organization, reduction of staff: due to be paid cash in the amount of monthly earnings for two months.
2. Refusal of an employee to transfer to another position, conscription, reinstatement of a temporarily absent employee, refusal of an employee to move to another locality, recognition of an employee as incompetent, refusal of an employee to accept the new terms of the contract: two-week average earnings are due for payment.

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 a 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).

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 have no intentions 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.

In what cases the employment contract is terminated

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The section presents the Labor Code of the Russian Federation (Labor Code of the Russian Federation): articles, changes Labor Code RF.

Chapter 13. Termination of an employment contract

Article 77. General grounds for termination of an employment contract

The grounds for terminating an employment contract are:

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

2) the expiration of the term of the employment contract (Article 79 of this Code), 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 this Code);

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

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

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

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

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 this Code);

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

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

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

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

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

An employment contract concluded for the duration of a certain job terminates upon completion of that job.

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

An employment contract entered into for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80. Termination of an employment contract on the initiative of an employee (at his own request)

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks in advance, unless another period is established by this Code 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, the 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 this Code and other federal laws, cannot be denied to conclude an employment contract.

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, 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.

Article 81. Termination of an employment contract on the initiative of the employer

An employment contract may be terminated by 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:

a) absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of 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 an organization - an employer or an object where, on behalf of the employer, an employee must perform a 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) has become invalid;

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 this Code and other federal laws.

The procedure for attestation (clause 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.

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 paragraph 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 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.

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

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 by paragraphs 2, 3 or 5 of part one 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, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

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.

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

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;

3) non-election to office;

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;

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;

7) the onset of extraordinary circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other extraordinary 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;

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 this 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 on the reinstatement of an employee at work;

12) 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 of the first part 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 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.

An employment contract on the grounds provided for in paragraph 12 of part one of this article shall terminate no later than the end of the period established by the Government of the Russian Federation for bringing the total number of employees who are foreign citizens or stateless persons to compliance with the permissible proportion of such workers.

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law

An employment contract is terminated due to violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), 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 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 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, 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.

In the cases provided for in part one of this article, 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 according to his health condition. 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 this Code or other federal law was not made through the employee's fault, then 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, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

Article 84.1. General procedure for registration of termination of an employment contract

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). In the event that an order (order) to terminate an 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 in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).

On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book and make settlements with him in accordance with Article 140 of this Code. 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.

An entry in the work book on the basis and reason for the termination of an employment contract must be made in strict accordance with the wording of this Code or another federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

In the event that, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to 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 issuing a work book in cases of non-coincidence of the last day of work with the day of registration of the termination of labor relations upon dismissal of the employee on the grounds provided for by subparagraph "a" of paragraph 6 of the first part of Article 81 or paragraph 4 of the first part of Article 83 of this Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. 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.

This legislative act is directly related to

The article was written based on materials from the sites: glavkniga.ru, vashurok.ru, businessman.ru, russia-in-law.ru, www.freshdoc.ru.

Employment contract (relationship) in terms of termination of an employment contract

Termination of an employment contract is the termination, interruption, expiration of an employment contract and dismissal of an employee.

The grounds for termination of an employment contract are provided for by labor legislation. We will talk about these grounds in this article.

The procedure for terminating an employment contract is governed by Chapter 13 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

General grounds for terminating an employment contract are given in Article 77 of the Labor Code of the Russian Federation.

According to this article, the grounds for terminating an employment contract are:

1) agreement of the parties.

In accordance with Article 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time by agreement of the parties.

In most cases, the initiator of the termination of the contract on this basis is the employer. The agreement of the parties is formalized by drawing up a separate document - an agreement on termination of the employment contract. The agreement must reflect the date (that is, the last day of work) and the basis for termination of the contract (agreement of the parties). The agreement may provide for the payment of severance pay, as well as other guarantees for the employee and the employer.

A feature of termination of an employment contract by agreement of the parties is that its cancellation is possible only with the mutual consent of the employer and the employee. In other words, after the dismissal agreement is signed, none of the parties can revoke it unilaterally.

The Decision of the Supreme Court of the Russian Federation of December 6, 2013 No. 5-KG13-125 states that reaching an agreement on the termination of an employment contract on the basis of a voluntary agreement of its parties allows the possibility of canceling such an agreement solely through the agreed expression of the will of the employee and the employer, which excludes the commission as an employee and the employer of arbitrary unilateral actions aimed at rejecting a previously reached agreement. Such legal regulation is aimed at ensuring a balance of interests of the parties to an employment contract and cannot be considered as violating the rights of an employee or employer.

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.

According to article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon the expiration of its validity period. The employer is obliged to notify the employee about the termination of the employment contract due to the expiration of its validity period in writing at least 3 calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires.

Otherwise, by virtue of Article 58 of the Labor Code of the Russian Federation, if none of the parties demanded termination of the fixed-term employment contract due to the expiration of its validity period, and the employee continues to work after the expiration of the employment contract, the employment contract is considered concluded for an indefinite period.

If the employer has not warned the employee about the dismissal, then he cannot dismiss this employee due to the expiration of the employment contract without his consent. At the same time, an employee can be dismissed only on general grounds provided for by the labor legislation of the Russian Federation.

Article 79 of the Labor Code of the Russian Federation indicates cases of termination of labor relations when concluding the following fixed-term employment contracts:

- an employment contract concluded for the duration of a certain work is terminated upon completion of this work;

- an employment contract concluded for the duration of the performance of the duties of an absent employee is terminated with the exit of this employee to work;

- an employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

A fixed-term employment contract may be terminated before its expiration on the grounds established by Article 77 of the Labor Code of the Russian Federation.

Note that if the employer periodically concludes fixed-term contracts with the employee for the performance of the same work, and the employee tries to challenge the validity of such employment, then the employer will have to prove that concluding an employment contract with the employee for an indefinite period is impossible, otherwise the court may recognize them as a single labor contract. an agreement concluded for an indefinite period. Such clarifications are contained in paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution No. 2).

3) Termination of the employment contract at the initiative of the employee.

The general procedure and conditions for terminating an employment contract on the initiative of the employee (at his own request) are established by Article 80 of the Labor Code of the Russian Federation.

According to the named article, an employee of his own free will can at any time according to own initiative terminate any employment contract entered into by him.

In this case, the employee is obliged to notify the employer about his dismissal in writing no later than two weeks, unless another period is established by the Labor Code of the Russian Federation or other federal law. By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

In some cases, the employer is obliged to dismiss the employee on the day that he indicates in the application, due to a number of good reasons. This may be due to the inability of the employee to continue working (for example, when the employee is enrolled in educational organization, retirement and in other cases). You should also act in cases of established violation by the employer of labor legislation and other legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract. Note that such cases may include, for example, delayed wages, refusal to grant leave. According to paragraph 22 of Resolution No. 2, these violations can be established, in particular, by the bodies exercising state supervision and control over the observance of labor legislation, by trade unions, commissions on labor disputes, by the court.

4) Termination of the employment contract at the initiative of the employer.

The main list of grounds on which an employment contract can be terminated on the initiative of the employer is given in article 81 of the Labor Code of the Russian Federation. According to this article, an employment contract may be terminated by the employer, in particular, in the following cases:

- liquidation of an organization or termination of activities by an individual entrepreneur;

- reduction in the number or staff of employees of an organization, an individual entrepreneur;

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

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

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

- one-time gross violation of labor duties by an employee (for example, absenteeism, appearance at work in a state of alcoholic, drug or other toxic intoxication, theft at the place of work, etc.);

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

- an immoral offense committed by an employee performing educational functions incompatible with the continuation of this work.

The employer also has the right to terminate the employment contract with the employee during the probationary period in the event of an unsatisfactory test result, which follows from Article 71 of the Labor Code of the Russian Federation. Recall that when concluding an employment contract, by agreement of the parties, a condition on a probationary period may be provided for (Article 70 of the Labor Code of the Russian Federation).

The employer must notify the employee about the upcoming dismissal in writing against signature. Moreover, if we are talking, for example, about the dismissal of an employee in connection with the liquidation of an organization, a reduction in the number or staff of employees, then the employer, in accordance with Article 180 of the Labor Code of the Russian Federation, is obliged to notify employees personally and against signature at least two months before dismissal. If we are talking about termination of an employment contract with an employee, for example, due to an unsatisfactory test result, then the employer must notify the employee about dismissal in writing no later than 3 days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. (Article 71 of the Labor Code of the Russian Federation).

Please note that upon termination of an employment contract with an employee at the initiative of the employer, the employee is provided with some guarantees and compensations.

So, according to article 81 of the Labor Code of the Russian Federation, 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 his temporary incapacity for work and during the period of vacation.

Termination of an employment contract with employees under the age of 18 on the initiative of the employer (except for the case of liquidation of an organization or termination of activities by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors' affairs and protection of their rights (Article 269 of the Labor Code RF).

Moreover, Article 261 of the Labor Code of the Russian Federation stipulates that termination of an employment contract on the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of an organization or termination of activities by an individual entrepreneur. It is also not allowed to terminate an employment contract at the initiative of the employer (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation) with:

- a woman with a child under the age of 3;

- a single mother raising a disabled child under the age of 18 or a minor child - a child under the age of 14;

- another person raising a disabled child under the age of 18 or a minor child - a child under the age of 14 without a mother;

- a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the only breadwinner of a child under 3 years of age in a family raising 3 or more young children, if the other parent (another legal representative of the child) is not a member in an employment relationship.

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

The transfer of an employee from one employer to another can be carried out on the initiative of:

- the employee himself (if both employers agree to the transfer);

- at the initiative of the employer with whom the employee is currently in an employment relationship (such a transfer is possible with the written consent of the employee and the future employer);

- at the initiative of the employer, to which the employee is to be transferred (this transfer is possible with the written consent of the employee and the consent of the employer with whom the employee is currently in an employment relationship).

Note!

According to article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract for employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work. In other words, within a month new employer cannot refuse to conclude an employment contract with an employee invited to work in writing.

In addition, an employee invited to work by transfer from another employer by agreement between employers cannot be tested for employment, as indicated by part 4 of Article 70 of the Labor Code of the Russian Federation.

It should be noted that dismissal on the grounds provided for in paragraph 5 of Article 77 of the Labor Code of the Russian Federation is prohibited without the written consent of the employee to transfer to another employer. In this case, the dismissal is carried out on other grounds determined by Article 77 of the Labor Code of the Russian Federation.

Moreover, if the employer does not agree to dismiss the employee by way of transfer to a new place of work, then the employment contract also cannot be terminated under paragraph 5 of Article 77 of the Labor Code of the Russian Federation. In this case, the employee has the right to apply for dismissal of his own free will.

When terminating an employment contract in connection with the transfer of an employee to an elective job (position), the employer must adhere to the general procedure for terminating the employment contract.

Note that in accordance with part 1 of Article 375 of the Labor Code of the Russian Federation, an employee who is released from work in an organization or with an individual entrepreneur in connection with his election to an elective position in an elected body of a primary trade union organization, after the expiration of his term of office, is given the previous job (position). If there is no such job, then with the written consent of the employee, he must be provided with another equivalent job (position) at the same employer. If it is impossible to provide said work(positions) in connection with the liquidation of the organization or the termination of activities by the individual entrepreneur or the absence in the organization, the all-Russian (interregional) trade union for the individual entrepreneur retains his average earnings for the period of employment, but not more than 6 months, and in the case of receiving education - for up to 1 year.

If the employee refuses the proposed corresponding job (position), the average earnings for him for the period of employment shall not be retained, unless otherwise established by the decision of the all-Russian (interregional) trade union.

6) Refusal of the employee to continue work 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, with a change in the type of state or municipal institution.

Labor relations in the event of a change in the owner of an organization's property, a change in the jurisdiction of an organization, its reorganization, a change in the type of state or municipal institution are regulated by Article 75 of the Labor Code of the Russian Federation.

According to this article, when the owner of the organization's property changes, the new owner has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant, no later than three months from the date of his ownership right.

At the same time, the head of the organization, his deputy and the chief accountant have the right, on their own initiative, to apply to the new owner of the property with a request to terminate the employment contract. In this case, employment contracts with the specified categories of workers are subject to termination on the basis provided for in paragraph 6 of part 1 of article 77 of the Labor Code of the Russian Federation. Note that the same right can be exercised by any employee of the organization, not only the head of the organization, his deputy and the chief accountant.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, separation, transformation) or a change in the type of a state or municipal institution cannot be grounds for terminating employment contracts with employees of an organization or institution. If the employee refuses to continue working in these cases, the employment contract may be terminated in accordance with paragraph 6 of Article 77 of the Labor Code of the Russian Federation.

7) Refusal of the employee to continue work due to changes in the terms of the employment contract determined by the parties.

The procedure for terminating an employment contract in connection with the employee's refusal to continue work due to changes in the terms of the employment contract determined by the parties is established by Article 74 of the Labor Code of the Russian Federation.

According to the named article, it is allowed to change the terms of the employment contract on the initiative of the employer in the case when, for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved except change labor function employee.

Since the employer cannot voluntarily amend employment contracts, he is obliged to prove the impossibility of maintaining the previous conditions of the contract.

According to clause 21 of Resolution No. 2, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions, for example, changes in technology and production technology, improvement of jobs based on their certification, structural reorganization of production, and this did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement. If there is no such evidence, then the termination of the employment contract due to a change in the terms of the employment contract determined by the parties cannot be recognized as lawful.

If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to him (both a vacant position or work 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 the employee vacancies in other localities, if this is provided for by the collective agreement, agreements, labor contract.

If the employer does not have the specified job or the employee refuses the job offered to him, the employment contract is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.

In the event that the reasons specified in part 1 of Article 74 of the Labor Code of the Russian Federation may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of the Labor Code of the Russian Federation, for adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, the employment contract is terminated in accordance with paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, that is, according to the rules for reducing the number or staff of the organization's employees. In this case, the employee is provided with appropriate guarantees and compensation.

The cancellation of the part-time (shift) and (or) part-time work week before the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes to the terms of the labor contract determined by the parties, introduced in accordance with Article 74 of the Labor Code of the Russian Federation, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

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.

The procedure for the transfer of an employee who, in accordance with a medical certificate, needs to provide another job is established by Article 73 of the Labor Code of the Russian Federation.

An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons.

If an employee who, in accordance with a medical certificate, requires temporary transfer to another job for up to 4 months, refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to remove the employee from work for the entire period specified in the medical report, while retaining the place of work (position). During the period of suspension from work, the employee's wages are not charged, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, labor contracts.

If, in accordance with the medical opinion, the employee needs a temporary transfer to another job for a period of more than 4 months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate work, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

Upon termination of an employment contract due to the employee's refusal to transfer to another job that he needs in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, or if the employer does not have an appropriate job, he is paid severance pay in the amount of two-week average earnings (Article 178 of the Labor Code of the Russian Federation).

At the same time, according to Article 182 of the Labor Code of the Russian Federation, in the event of a transfer of an employee who, in accordance with a medical certificate, needs to provide another job, to another permanent, lower-paid job, this employer retains his previous average earnings within one month from the date of transfer.

If an employee is transferred to a lower-paid job due to work injury, occupational disease or other damage to health associated with work, then his previous average earnings will be retained until the establishment of a permanent loss of professional ability to work or until the employee recovers.

If the employer does not have the opportunity to transfer the employee to another job, he must documentarily confirm that at the time of the transfer he did not have vacancies that would suit the sick employee for medical reasons or that he could fulfill. If such vacancies were at the time of dismissal, and the employer did not offer the employee to move to such a job, then such dismissal may be recognized as illegal.

9) Refusal of the employee to transfer to work in another locality together with the employer.

According to article 72.1 of the Labor Code of the Russian Federation, the transfer of an employee to another job is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer.

Note!

Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts 2 and 3 of article 72.2 of the Labor Code of the Russian Federation.

It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail changes in the terms of the employment contract determined by the parties.

It is forbidden to transfer and transfer an employee to work that is contraindicated for him for health reasons.

Since the transfer of an employee to work in another locality constitutes a change in the terms of the employment contract determined by the parties, in the event of the employee's refusal to transfer to work in another locality together with the employer, the employment contract with him is terminated in accordance with paragraph 9 of Part 1 of Article 77 of the Labor Code of the Russian Federation.

Refusal to transfer to a branch or representative office located in another locality cannot be the basis for terminating the employment contract with the employee, if the employer himself does not move to this other locality.

Note that when an employee is transferred to work in another locality, the employer is obliged to pay him the appropriate monetary compensation- expenses for moving the employee, his family members and baggage (except for cases when the employer provides the employee with appropriate means of transportation), as well as expenses for settling in a new place of residence. Such requirements are established by article 169 of the Labor Code of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees who have entered into an employment contract for work in federal government bodies, employees of state extra-budgetary funds of the Russian Federation, federal government agencies are determined by the regulatory legal acts of the Government of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees who have entered into an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local self-government bodies, employees of municipal institutions are determined, respectively, by the regulatory legal acts of the bodies state power of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees of other employers is determined by a collective agreement or local regulatory act or by agreement of the parties to the employment contract, unless otherwise established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

According to article 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the employee's refusal to transfer to work in another locality together with the employer, he is paid severance pay in the amount of two weeks' average earnings.

An employment contract or a collective agreement may establish increased severance payments, with the exception of cases provided for in article 349.3 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 establishes the procedure for terminating an employment contract in connection with circumstances beyond the control of the parties. According to this article, the 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 (paragraph 1);

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

- non-election to office (paragraph 3);

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

- 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 (clause 5);

- 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 (clause 6);

- the onset of extraordinary circumstances that impede 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 (clause 7);

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

- 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 (clause 9);

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

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

- the emergence of restrictions on certain types of labor activity established by the Labor Code of the Russian Federation, other federal law and excluding the possibility of the employee fulfilling his obligations under an employment contract (clause 13).

Termination of an employment contract on the grounds provided for in clauses 2, 8, 9, 10 or 13 of part 1 of Article 83 of the Labor Code of the Russian Federation is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or work 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.

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.

The procedure for terminating an employment contract in connection with a violation of the rules for its conclusion, if this violation excludes the possibility of continuing work, is determined by Article 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:

- if the employment contract was concluded in violation of a court verdict that entered into legal force to deprive the employee of the right to occupy certain positions (engage in certain activities);

- if the concluded labor contract contained a condition on the performance of work that is contraindicated for the employee for health reasons according to the medical opinion;

- if, when concluding an employment contract, the corresponding document on education and (or) qualifications was not submitted, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;

- if the employment contract was concluded in violation of the 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;

- if the employment contract was concluded in violation of the restrictions, prohibitions and requirements established by federal laws regarding the involvement of citizens dismissed from the state or municipal service in labor activities;

- if the employment contract was concluded in violation of the restrictions established by the Labor Code of the Russian Federation, other federal law on engaging in certain types of labor activity;

- 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, then 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, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

In addition to general grounds, an employment contract can be terminated on other, additional grounds provided for by the Labor Code of the Russian Federation (for example, Articles 278, 288, 307, 312, 336 of the Labor Code of the Russian Federation) and other federal laws (for example, Article 37 of the Federal Law of July 27, 2004 year No. 79-FZ "On state civil service Russian Federation").

For any of the above reasons, the employment contract is subject to termination, and the employee is subject to dismissal from work.

Termination of an employment contract is formalized by an order (decree) on termination (termination) of an employment contract with an employee (dismissal).

Recall that from January 1, 2013, organizations (with the exception of public sector organizations) have the right to use both the forms of primary accounting documents developed by them independently, taking into account the requirements of the Federal Law of December 6, 2011 No. 402-FZ "On Accounting", and unified forms. When applying unified documents, organizations should use the order form approved by the decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and remuneration."

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature.

In the event that the specified order (order) 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) (Article 84.1 of the Labor Code of the Russian Federation).

The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained. 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 Article 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.

Please note that the employer, as the policyholder, must issue to the employee - the insured person on the day of termination of the employment contract:

- a certificate of the amount of earnings for two calendar years preceding the year of termination of work, which follows from subparagraph 3 of paragraph 2 of Article 4.1 of the Federal Law of December 29, 2006 No. 255-FZ "On mandatory social insurance in case of temporary disability and in connection with motherhood ";

- information on the accrued and paid insurance premiums of compulsory pension insurance and receive written confirmation from the insured person of the transfer of this information to him (paragraph 3 of clause 4 of article 11 of the Federal Law of April 1, 1996 No. 27-FZ "On individual (personified) accounting in the system of compulsory pension insurance ").