Termination of an employment contract on general grounds. Typical grounds and procedure for terminating an employment contract. The procedure for terminating an employment contract at the initiative of the employee

06.03.2023

The law regulates in detail the termination of an employment contract at the initiative of the employer. The fact is that it is in this matter that the employee is the least protected, and the field of possible abuse for the employer is wide, as in no other area of labor relations. Therefore, the intervention of the law in this matter is quite justified.

Dismissal - strictly according to the law

The employer and the employee are parties to an employment contract, that is, an agreement of the parties on the establishment of labor relations between them.

The right of the employer to conclude, amend and terminate (or terminate, which is the same thing) employment contracts in the manner and under the conditions established by the Labor Code of the Russian Federation is enshrined in its Art. 22.

It corresponds to the same right of the employee (Article 21 of the Labor Code).

This means that the employer cannot arbitrarily dismiss an employee on his own initiative, there must be legal grounds for this. Compliance with the procedure for terminating an employment contract at the initiative of the employer is also a necessary condition for its legality.

Grounds for dismissal

Dismissal for wrongdoing

The fact of theft, embezzlement or deliberate destruction must be established by a judicial act (sentence, decision), which has entered into force.

The falsity of the document submitted by the employee must be properly established and recorded (for example, by a special examination).

Conditions for terminating an employment contract at the initiative of the employer

Each group of grounds has its own order and procedure for dismissal, enshrined in law. Their non-compliance may lead to the reinstatement of the employee at work and the administrative responsibility of the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

But there are also general conditions: an employee dismissed at the initiative of the employer should not be on vacation or on sick leave at this time (except in cases of liquidation of the organization or termination of the activity of the individual entrepreneur).

The dismissal of an employee during such periods is prohibited by Part 6 of Art. 81 of the Labor Code of the Russian Federation. Neglecting this rule can also cost the employer dearly.

All the grounds for termination of an employment contract listed in the article at the initiative of the employer apply to both fixed-term and open-ended contracts .

The reasons for the termination of the working relationship may be different, but in any case, the parties must act in accordance with the procedure established by law. What and when should an employee do? What is the right thing for an employer to do? In this article, we will analyze the design features, depending on the reasons.

From this article you will learn:

What is the termination of an employment contract

Termination of an employment contract covers all cases of completion of the interaction of the parties to the agreement for various reasons. Among them:

employer's initiative
the term of the contract has come to an end;
the employee expressed his desire to quit;
the employee wants to change jobs and is transferred to a new one;
it became necessary to change the terms of the contract or the location of the workplace, and the employee does not agree;
the company has changed ownership or reorganization has taken place and this does not suit the employee.

The presence of grounds is a prerequisite for the termination of the TD. At the same time, the employee is dismissed, and it is extremely important to follow the registration rules in each specific case. Neglect of these rules may lead to claims from regulatory authorities, fines or the appeal of employees to the GIT. However, the obligation to comply with the order applies not only to employers, but also to employees. Next, we will analyze all the options in detail.

Termination of the contract in labor law

In the Labor Code, several articles are assigned to the issues of rupture of working legal relations, which are combined into chapter 13. In addition, there are a number of normative and legislative acts regulating the conditions and procedure for terminating TD. In particular, it is allowed to include in the agreements additional grounds for termination described in Articles 278, 307, 312 and 347 of the Labor Code.

Regardless of the grounds, the employment contract is considered terminated on the last working day of the employee. An exception is situations when a person retains a position, but in fact he was not at the workplace.

The termination of the TD will be lawful only when the procedure established by law is observed and guarantees are provided (Article 27 of the Labor Code of the Russian Federation).

The procedure for processing the termination of an employment contract

The procedure for processing may vary, depending on the basis of the procedure. The general procedure is established by Article 84.1 of the Labor Code. The universal set of actions includes:

Issuance of a dismissal order.
Familiarization of the employee with this act against signature. If it is not possible to bring the order to the attention of the employee, an appropriate note must be made on the document.
If the employee does not agree to put his signature, the refusal must be formalized by a special act.
A mark in the work book of a record of dismissal indicating the article.
Issuance of a dismissed worker. If this cannot be done, a notification should be sent to the person or, having received his consent, send the book by mail.
Full payment (salary for hours worked plus compensation for the rest of the vacation, if any) on the day of dismissal. Issuance of income statement.

Sometimes an employee wants a copy of the order. The employer is obliged to comply with such a request.

In addition to general actions, the parties may have additional obligations, which depend on the grounds for terminating the TD. Next, we will consider them separately.

At the initiative of the worker

The Russian constitution prohibits forced labor (Article 37). This means that if an employee wants to quit, he cannot be prevented. But the legislation also protects the interests of the employer, who cares about the continuity of business processes. The procedure for dismissal at will is regulated by Article 80 of the Labor Code.

Having decided to terminate the TD, the employee must notify the employer in advance. A notification application must be submitted at least:

14 days - most workers.
For 3 days - for those who work under a temporary employment contract.
For 1 month - top managers.

The specified terms are calculated starting from the next day after the date when the manager received the application.

Since the minimum notice period is set in the interests of the employer, the latter has the right to meet the employee halfway and terminate the agreement earlier. Some categories of employees have the right to quit without notice. These are, for example, pensioners and enrolled in educational institutions.

Upon the expiration of the warning period, the employer must perform all dismissal actions prescribed by Article 84.1 of the Labor Code.

From the moment the application is submitted until the date of departure, the employee has the right to change his mind. If no one has yet been invited to his place, the employer is obliged to keep his position.

At the initiative of the employer

The conditions under which an employer may initiate the termination of a TD are described in Article 81 of the Labor Code. Conventionally, they can be divided into 2 categories:

Not disciplinary actions

Company liquidation. The employer must notify the employee in writing and against signature of the upcoming dismissal at least 2 months in advance (for a seasonal worker - 7 calendar days in advance, and a temporary worker - 3 days in advance). There is an option to terminate the contract without notice, but at the same time, the consent of the employee should be obtained and compensation should be paid - the average earnings in proportion to the period that remains until the end of the notice period.
Reorganization or downsizing. 2 months written notice is also required. In addition, the employer is obliged to offer the employee all employment options that are available in the organization. If the dismissed employee is a member of a trade union, the termination of the contract must be coordinated with the trade union organization. The elected trade union must be warned about the upcoming staff reduction (if mass layoffs are coming, at least 3 months in advance).
Certification revealed professional inconsistency. First, you need to offer possible options for transferring to another position and obtain consent to such a transfer. You can initiate the dismissal procedure only if it is impossible to employ the employee.
Change of ownership of an organization. In this case, it is possible to terminate the employment relationship with the head, deputy and chief accountant. The new owner can dismiss these workers, paying them compensation in the amount of at least three monthly salaries. If the vacation was partially or completely used in advance, money cannot be withheld for it.

Disciplinary sanctions

The procedure for applying disciplinary sanctions established by Article 193 of the Labor Code of the Russian Federation should be observed. Reasons for dismissal may include:

multiple minor violations or one gross;
violation of an agreement on the preservation of secrecy or personal data;
immoral act;
actions that caused material damage to the company.

In these cases, the dismissal should be preceded by the following measures:

identification and proof of the fact of violation;
obtaining an explanation from the violator or drawing up an act that he refused to give explanations;
issuing an order to apply a disciplinary sanction (no later than one month after the discovery of the misconduct and no later than six months after it was committed).

After filing the penalty, the dismissal procedure proceeds in the general manner. The work book indicates the exact reason for dismissal.

By agreement of the parties

The possibility of terminating an employment contract by agreement of the parties is provided for in Article 78 of the Labor Code. On the one hand, this is a universal dismissal mechanism, on the other hand, it raises many questions, since the law does not establish a clear procedure.

The current practice is:

If the initiator is an employee, he writes a letter of resignation, in which he expresses a desire to terminate the TD by agreement of the parties.

If the dismissal is initiated by the employer, he sends the employee a written proposal to terminate the TD by agreement.

If the parties agree to this option, they discuss the terms of termination of the TD and draw up a written agreement in which they indicate:

the reason for dismissal is the agreement of the parties;
date of termination of the TD;
the amount of compensation, if the conditions of dismissal so require;
other conditions agreed by the parties.

The document is drawn up and signed in two copies, one for each of the parties.

Termination of TD by agreement of the parties is a voluntary act. The employer has no right to force the employee to do so. If the audit reveals the fact of coercion, the employee will have the opportunity to demand his reinstatement.

Unlike a voluntary resignation letter, the agreement cannot be revoked. That is, the employee who agreed to this option cannot change his mind. An exception is made only for pregnant women (part 1 of article 261 of the Labor Code).

After signing the agreement, a dismissal order should be issued and other mandatory measures should be taken.

Due to circumstances beyond the control of the parties

Sometimes the TD has to be terminated because events occur that are beyond the control of either party to the agreement. Among them:

Conscription of an employee for military or alternative civilian service. Despite the fact that the employer is not to blame for this situation, he pays the employee a severance pay equal to two weeks' salary (Article 178 of the Labor Code). For registration of dismissal, you need a statement from the employee and a summons to call. It is especially important to maintain order for employees of municipal and state enterprises, since the law guarantees them the restoration in their original place within three months after demobilization.
The return of an employee who was previously in this position. An employee who is threatened with dismissal must first try to transfer to another position (certainly with his consent). The amount of severance pay upon dismissal is the average salary for 2 weeks (Article 178 of the Labor Code of the Russian Federation).
The issuance of a judgment by which a person can no longer perform his duties. A dismissal order should be issued stating the reason why a person cannot hold a position. If the employee was under arrest before the trial, the date of dismissal is the last day of his work (Article 77, Part 3 of the Labor Code).
Disability for medical reasons. If an employee occupies a position for which scheduled medical examinations are provided, and receives a negative conclusion, the employer is obliged to dismiss him. The basis for issuing the order is the medical report of the expert commission.

In all cases from this category, the dismissed employee does not write a statement, and the dismissal procedure begins with the stage of issuing an order indicating the reason. - a special kind of TD and implies a separate procedure. The procedure is established by Article 79 of the Labor Code.

Here, just as in the case of open-ended contracts, there are opportunities for termination at the initiative of the employee (with a 2-week working off) or employer, as well as by agreement of the parties (on any day by agreement). The order of registration in these cases is the same.

Of particular interest is the termination of a fixed-term contract upon its expiration.

Despite the fact that the contract has a clearly defined expiration date, the employer is obliged to notify the employee of the upcoming dismissal at least 3 days in advance.

If neither party declares its intention to terminate the contract, it will become indefinite.

A special case of a fixed-term contract is temporary. It terminates on the day when the work for which it was contracted is completed.

The notice must be signed by the head or authorized person. Typically, this is a member of the Human Resources Department. The document is drawn up in duplicate, one remains at the enterprise, the second - with the dismissed employee. To prevent disputable situations, experts recommend getting an employee’s mark on the copy of the company that he took his copy.

In accordance with the Labor Code of the Russian Federation, the general grounds for termination of an employment contract are as follows.

1. Agreement of the parties (paragraph 1 of the first part of Article 77, Article 78).

This basis reflects the contractual nature of labor. According to it, an employment contract (both fixed-term and concluded for an indefinite period) can be terminated at any time, but the mutual will of the parties is necessary to terminate the contract. Upon reaching an agreement between the employee and the employer, the employment contract is terminated at the time specified by the parties. Cancellation of such an agreement is possible only with a new mutual consent of the employee and the employer.

Thus, if before the termination of the employment relationship, the employee or the employer declares their unilateral refusal to terminate the employment contract on the basis under consideration, such a refusal means the absence of the consent of the parties and the employment contract cannot be terminated on the basis under consideration (paragraph 20 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 7, 2004 No. 2). However, this does not exclude the possibility of dismissal of the employee at his own request or, if there are grounds for this, at the initiative of the employer.

2. Expiration of the employment contract , except in cases where the employment relationship actually continues and none of the parties has demanded its termination (paragraph 2 of the first part of Article 77).

In accordance with Article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon its expiration. The employee must be notified of this in writing at least three calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires

3. Termination of the employment contract at the initiative of the employee (paragraph 3 of the first part of Article 77, Article 80).

4. Termination of the employment contract at the initiative of the employer (paragraph 4 of the first part of Article 77, Articles 71, 81).

5. Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective position (clause 5 of the first part of Article 77).

This ground is applied when there is a clear written will of three subjects: the employer (his representative) inviting to work; the employee himself, moving from one place of work to another in the order of transfer, and the former employer, releasing the employee in the order of transfer to another employer. At the same time, at a new place, an employee cannot be refused employment.

In case of transfer to an elective position, a document confirming the election of an employee to an elective position freed from production or other work is required.

6. Refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (paragraph 6 of the first part of Article 77, Article 75).

7. Refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (paragraph 7 of the first part of Article 77, Article 73).

Dismissal on this basis may follow if, due to a change in organizational or technological working conditions, the employee did not agree to work in the new conditions.

8. Refusal of an employee to transfer to another job required by him 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 the absence of an appropriate job by the employer (clause 8 of the first part of Article 77, parts three and fourth article 73).

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated.

9. Refusal of the employee to transfer to work in another area together with the employer (part one of Article 72).

On this basis, only those employees who are offered by the employer to move with them can be dismissed. The rest of the employees are dismissed under paragraph 1 of Article 81 of the Labor Code of the Russian Federation - in connection with the liquidation of the organization in the area. A dismissed employee is paid a severance pay in the amount of two weeks of average earnings.

10. Circumstances beyond the control of the parties (Item 10 of the first part of Article 77, Article 83).

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 (paragraph 11 of the first part of Article 77, Article 84).

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 a work book to the employee and make settlements with him. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. It should contain a link to the relevant article, part or paragraph of the article of the legislative act.

The relationship between the employer and employees must be formalized, for which an employment contract is used. It should be in the correct form and contain a lot of important information. It can be terminated only if there are good reasons. The initiator can be either an employer or an employee. Therefore, you should understand how the termination of an employment contract takes place, how this process is formalized, and also how to avoid various negative consequences for business owners.

General provisions

The dismissal is represented by the termination of the employment contract or other contracts drawn up between the business representative and the hired specialist. At the same time, each party performs certain actions aimed at terminating the relationship. Process details include:

the employer must take into account the provisions of the Labor Code in order to prevent various violations, for which significant fines will have to be paid;
if a specialist is dismissed without prior notice or without good reason, then he can challenge this action through the court;
upon dismissal of a citizen, it is required to pay him severance pay and other funds, as well as put the necessary mark in the work book.

Proper termination of the employment contract ensures that there are no problems with the labor inspectorate or court for a business representative.

The concept of a contract

An employment contract is a bilateral agreement drawn up and signed by the employer and employees. Based on it, a hired specialist occupies a specific position. He is endowed with certain official duties, which must be performed by him in a timely and correct manner.

This document governs the relationship between the two parties.

Not all companies use such contracts, as they often offer employment without registration. In this case, firms can save on taxes and contributions to various social funds. But such a decision is unacceptable for specialists, since their future pension is reduced, they cannot count on the social package, and they can also quit in violation of the norms of the Labor Code. Therefore, each person must require the conclusion of an employment contract before starting work. This guarantees the ability to protect their rights in case of unjustified dismissal.

Reasons for termination of the contract

There are different grounds for terminating an employment contract. They can be available to both the employee and the business owner. If the employer is the initiator, then he cannot deprive the specialist of work for no reason. Therefore, they must take into account different nuances and requirements.

There are several reasons:

which is carried out if both parties agree that it is inappropriate for the employee to continue working in a particular enterprise;
the dismissal of a citizen by the employer, and this is usually due to the fact that the hired specialist does not cope with his duties, regularly violates labor discipline, or there are other good reasons;
dismissal of an employee of his own free will, for example, he may not be satisfied with working conditions, he may find another job, or he needs to completely move to another city;
transfer of a specialist to another company or to another position in one company;
termination of relations on the basis that significant changes have been made to the principles and rules of the organization;
refusal to extend or renegotiate the contract on the part of the management or the specialist himself, which is usually associated with the introduction of fundamental changes in working conditions;
it is necessary to terminate the relationship due to circumstances that do not depend on the two parties;
the contract does not comply with the requirements of the law, therefore it is impossible for a specialist to further cooperate with such an employer.

These grounds are the most popular when ending a relationship. Most often, the termination of an employment contract is made as a result of a decision on the part of the management or the employee himself. Also, an agreement is often drawn up, on the basis of which the contract is voluntarily terminated.

How is the agreement terminated by the employee?

Often the initiator is the hired specialist himself. He may have different reasons for doing so. Termination of an employment contract at the initiative of an employee is called differently voluntarily dismissal. However, certain conditions must be met, which include:

the person can no longer continue cooperation, for example, he retires, the working conditions of the enterprise change, a relocation or long-term treatment is planned;
the employer violates the legislation in the field of employment or the direct clauses of the employment contract itself.

In the presence of such grounds, each person can terminate relations with the firm. Termination of the employment contract by the employee requires the preparation of a special application, which is transmitted to the management of the company. It requires you to indicate the reasons for leaving work, as well as a petition on the basis of which the contract will be terminated. At the same time, a mandatory working off is assigned, after which the specialist receives the funds allotted to him and the work book with the changes made.

The nuances of termination of relations by the employer

Even the management of a particular company can act as an initiator. Such a procedure may be associated with various reasons, and they must be justified. Termination of an employment contract at the initiative of the employer may be carried out under the following conditions:

closure of a company or individual entrepreneur;
carrying out the reduction procedure at the enterprise;
the employee does not have the necessary knowledge, skills or experience to cope with the work assigned to him;
the owner of the property used in the course of the company's work has changed;
the employee does not fulfill his labor duties specified in the agreement, and such cases are repeated, but they must be recorded by bringing the employee to disciplinary responsibility;
violation of work rules by a citizen, which is represented by absence from work during the entire work shift without good reason, appearing at work in a state of intoxication or disclosure of confidential work information;
theft of property or valuables belonging to the company;
committing immoral acts against other employees of the company.

The above reasons are considered the most popular. Termination of an employment contract by an employer is considered a rather complicated process. It must be carried out on the basis of numerous conditions, otherwise an employee dismissed in violation of the Labor Code may go to court to recover a fine and non-pecuniary damage.

How is a relationship terminated by an employee?

If the citizen himself, represented by a hired specialist, decides on the need for dismissal, he must know what actions he takes to do this. Termination of the employment contract at the initiative of the employee occurs in successive actions. For this, the following steps are implemented:

initially, a special application is formed, which indicates the need for the dismissal of a citizen;
the names of the parties, the reasons why the citizen does not want to work in the company, must be written in the document, and there must also be a main text containing different facts depending on the situation;
at the end of such an application, the signature of the applicant must be put;
if the reason is related to the disruption of the work of the company itself, then it is advisable to leave a link to the legal act, the requirements of which are violated by the management;
enter the date of the application;
the document is transferred to the immediate head of the organization or to the personnel department;
necessarily the employees of the company or the director must accept this application;
over the next 14 days, the employee continues to cope with his duties, and all days are paid in the usual way;
on the last day, he is given a work book and other documents transferred to the management of the company in the process of employment.

Quite often, the termination of an employment contract is carried out in this way. A sample application for an employee is considered simple, and the document may differ significantly depending on the reason for the dismissal and the place of work of the specialist.

Is it possible to withdraw an application?

During the working off, which lasts 14 days, the employee can withdraw the application, while the manager cannot refuse him. An exception will be the situation if another specialist with the prerogative for employment is already hired.

Some citizens even after 14 days can change their mind. These include military personnel, and they should be offered the same place as before.

How do employer relationships end?

Quite often, the director of the company himself decides on the need to dismiss an employee. Termination of an employment contract at the initiative of the employer is considered a specific process, since the rights of employees and the norms of the Labor Code must be taken into account.

Before committing to a process, it is important to make sure that a person can be fired, and also to check whether the work process will worsen and whether labor productivity will decrease.

The procedure is divided into stages:

the management of the company makes the appropriate decision;
the employee is given a notice of termination of the employment contract, presented in the form of an order;
the document indicates the name of the citizen being dismissed, as well as the reason why the employment relationship is required to be terminated;
the date of acceptance of the notification is prescribed, and it must be provided to the employee 2 months before the termination of the contract, which allows him to find another job;
during this time, the work process takes place in the usual mode;
on the last day, the workbook and other documents are handed over to the citizen.

If the employee does not agree with such a decision, then he can file a lawsuit. Often violations are due to the fact that the notice of termination of the employment contract is not created or is provided late. There may also be other disorders. If they are identified, the court may recognize such a procedure as invalid.

The nuances of drawing up an agreement of the parties

Often, even both parties come to the conclusion that it is required to end the relationship. There are no contradictions and disagreements between them, therefore, a special agreement is formed on the termination of the employment contract by mutual agreement.

This process is formalized in writing, and often requires the assurance of the head of the personnel department.

Pros and cons of using an agreement

Termination of an employment contract by agreement of the parties has many advantages, since the worker receives the required compensation, and the manager does not get involved in litigation or complaints to the labor inspectorate.

When drawing up a document, it is not required to indicate the reason why the relationship is terminated. Termination of the employment contract by terminating the parties allows the employee to receive high payments from the labor exchange if he becomes registered after leaving the company. It is allowed to terminate the relationship even before the end of the trial period. An extra month is added to the employee's length of service.

Termination of an employment contract by termination of the parties is allowed if the employee is on sick leave or on vacation, and is also absent from work for other serious and valid reasons.

But there are also some disadvantages, which lie in the fact that the activities of the employer under such conditions are not controlled by the trade union. Therefore, a situation may arise when such a decision is recognized as doubtful or illegal.

How is a fixed term contract terminated?

Often, for the registration of a specialist, fixed-term contracts are used, which clearly indicate the period of time during which it is required to perform labor duties as a hired citizen. Usually this period does not exceed 5 years.

Termination of a fixed-term employment contract must be carried out in the correct sequence of actions and taking into account some significant factors. This takes into account the conditions specified in the document. If it is indicated that it is valid for only two years, then after this time the relationship is terminated, and in advance the head of the company must warn the specialist about this. This process is carried out three days before the appointed date.

If a document is drawn up for the performance of some work, then the relationship ends after the completion of these works. In this case, all the conditions of the document must be met.

Also, such a contract is often required to replace another specialist, so it ceases to be valid when the former employee returns.

Termination of a fixed-term employment contract usually occurs automatically, for which the appropriate terms are prescribed in the document in advance. It is also possible to prematurely terminate the relationship by either party for various reasons.

In case of violations, citizens can file a lawsuit in court.

Thus, the procedure for terminating an employment contract is considered a specific process. For it to be legal and correct, each party must take into account numerous requirements and rules. The initiator can be both the employee and the head of the organization. Often an agreement is drawn up to terminate the employment contract, which allows each party to take advantage of many advantages. In case of violations by the employer, hired specialists can go to court to challenge the contract or dismissal.

Employment history.

The work book is the main document on the work activity and work experience of the employee. They are conducted for all employees working in the organization for more than 5 days, if the work in this organization is the main one for the employee.

The work book contains information about the employee, about the work performed by him, transfers to another permanent job and dismissal, as well as about incentives and awards for success in work. Penalties are not recorded in the work book.

Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article, paragraph of the law.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Termination of an employment contract and, accordingly, dismissal of an employee can be carried out only in the manner and on the grounds established by the current labor legislation.

Among such grounds, according to Art. 77 of the Labor Code of the Russian Federation, include the following:

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

2) expiration of the term of the employment contract (clause 2 of article 58 of the Labor Code), except in cases where the employment relationship actually continues and none of the parties has demanded its termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code);

4) termination of the employment contract at the initiative of the employer (Article 81 of the Labor Code);

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

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

7) refusal of the employee to continue work in connection with a change in the essential terms of the employment contract (Article 73);

8) the employee's refusal to transfer to another job due to the state of health in accordance with a medical report (part 2 of article 72 of the Labor Code);

9) refusal of the employee to transfer in connection with the relocation of the employer to another locality (part 1 of article 72 of the Labor Code);

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

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

Termination of the employment contract at the initiative of the employee, those. his dismissal of his own free will has a unified procedure that applies to all employment contracts concluded both without specifying a period and for a fixed period. The employee has the right to terminate the employment contract at any time and without indicating the motives and reasons that prompted him to do so. He only needs to notify the employer in writing two weeks in advance of his intention to quit. After a two-week period, the employee has the right to stop working, and the employer is obliged to issue him a work book on the last day of work and make a final cash settlement with him.

In contrast to the termination of the employment contract at the initiative of the employee, termination of employment at the initiative of the employer can take place only in the actual presence of the circumstances specified in the Labor Code as grounds for termination of the employment contract at the initiative of the employer.

In such circumstances, according to Art. 81 of the Labor Code of the Russian Federation, include:

1) liquidation of the organization or termination of activities by the employer - an individual;

2) reduction in the number or staff of employees of the organization;

3) non-compliance of the employee with the position held or the work performed due to:

a) the state of health in accordance with the medical report;

b) insufficient qualifications, confirmed by the results of attestation;

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 an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a) absenteeism (absence from the workplace without good reason for more than four consecutive hours during the working day);

b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a body authorized to apply administrative penalties;

e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, 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 a loss of confidence in him on the part of the employer;

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

9) making an unreasonable 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 forged documents or deliberately false information when concluding an employment contract;

12) termination of access to state secrets, if the work performed requires access to state secrets;

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

14) other cases established by the Labor Code and other federal laws.

In addition, when terminating an employment contract on its own initiative, the employer must fulfill a number of additional requirements, including those related to the dismissal procedure. Firstly, he needs to keep in mind that, on his initiative, the dismissal of an employee during his temporary disability (sickness) and during his vacation is not allowed at all. An exception to this rule is the liquidation of the employer - a legal entity or the termination of activities by the employer - an individual. In these cases, it is allowed to dismiss all employees. Secondly, again, except for the case of liquidation of a legal entity and termination of activity by an employer - an individual, dismissal of pregnant women at the initiative of the employer is not allowed. It is also not allowed (with the exception of dismissal under paragraph 1, subparagraph "a" of paragraph 3, paragraphs 5-8,10 and 11 of article 81 of the Labor Code of the Russian Federation) termination at the initiative of the employer of an employment contract with women with children under the age of three years, single mothers raising a child under the age of 14 (a disabled child under 18), other persons raising these children without a mother.

Thirdly, the termination of the employment contract on the grounds provided for in clause 2 sub. "b", paragraph 3 and paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, with an employee who is a member of a trade union, is allowed subject to a motivated elected trade union body (Article 373 of the Labor Code of the Russian Federation).

Among the circumstances necessitating termination of the employment contract, regardless of the will of the parties, relate:

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

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

3) non-election to office;

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

5) recognition of the employee as completely disabled in accordance with the medical report;

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

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, 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 public authority of the corresponding subject of the Russian Federation.

Regardless of the will of the parties, the employment contract is also terminated in cases of violation of the mandatory rules established by the Labor Code or other federal law when concluding an employment contract. Such cases include:

a) the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

b) the conclusion of an employment contract for the performance of work that is contraindicated for this person for health reasons in accordance with a medical report;

c) the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

e) other cases stipulated by federal law.

Working hours and rest time.

Workers counts time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time.

Russian law only establishes a maximum duration, i.e. limits on working hours; the specific length of working time is determined in a collective agreement, and it cannot be more, but can be less than the total length of working time provided for by law.

An exception to this rule is work performed outside the normal working hours on the basis of a part-time job or in the form of overtime work.

The current labor legislation establishes three types of working time: normal, abbreviated And incomplete.

Limiting normal the duration of the working week for all employees who have concluded an employment contract should not exceed 40 hours. This is the general norm.

abbreviated the working hours established by the Labor Code or other federal laws provide for the maximum allowable working hours for the relevant categories of employees.

Unless otherwise established by the Labor Code or other federal law, remuneration for reduced working hours is made as for full time, and not in proportion to hours worked.

For employees under 16 years of age, the normal working week is reduced by 16 hours per week, for employees from 16 to 18 years of age - by 4 hours per week, the working hours of the said employees may not exceed 24 hours and 36 hours per week, respectively.

The law determines the working time of students taking into account two circumstances: age and working conditions (whether they work during holidays or during the school year). If students work during the holidays, then the general norm applies to them and the length of working time is set taking into account age - no more than 24 or 36 hours a week; during the academic year, the duration of their working time cannot exceed half of the norm of working time, which is established for persons of the corresponding age, i.e. for students under 16 years old - no more than 12 hours a week, and from 16 to 18 years old - 18 hours a week. At the request of students, they can be provided with work on a part-time basis (Article 93 of the Labor Code), on a flexible schedule (Article 102 of the Labor Code), as well as at home with possible breaks during intense study days.

Work of employees under the age of 18 is paid taking into account the reduced duration of work. The employer can, at his own expense, make additional payments to them up to the level of earnings of the relevant categories of workers for the full duration of work, both with time and piecework wages (Article 271 of the Labor Code).

For disabled people of groups I and II according to Art. 23 of the Law on the Protection of Persons with Disabilities establishes a reduced working time of no more than 35 hours per week with full pay. However, if a disabled person works, for example, 30 hours, then he receives a salary in proportion to the hours worked, i.e. like part-time work.

The working time of persons employed in work with harmful and (or) dangerous working conditions is reduced by 4 or more hours per week in the manner determined by the Government of the Russian Federation, and, therefore, cannot exceed 36 hours per week.

The federal law may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).

The third kind - part-time work. Part-time work differs from working time of reduced duration in that it is reduced in comparison with the norm established by law by agreement of the parties to the employment contract and is paid in accordance with actual labor costs.

The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for the sick family member in accordance with the medical report.

Part-time employees work part-time. The working time set by the employer for persons working part-time may not exceed 4 hours a day and 16 hours a week (Article 284 of the Labor Code of the Russian Federation).

When an employee is assigned part-time work, remuneration for his work is made in proportion to the time worked or depending on the output. At the same time, an employee cannot be guaranteed remuneration not lower than the minimum amount established by federal law, since this guarantee applies only to employees who have fully worked out the norm of working hours and who have fulfilled the established labor standards (official duties) in full.

Part-time work does not entail any restrictions on the labor rights of employees. An employee working part-time, the time of work is counted in the length of service as full-time work, is provided with an annual basic paid leave (28 calendar days) and study holidays provided for by law, bonuses are paid on a general basis for work performed, and guarantees and compensations are provided. .

Under rest time is understood as the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (for example, for playing sports and restoring physical strength, doing household chores, studying, entertainment).

Providing an employee with rest time does not mean that during this period he cannot work, i.e. do some work or another. What he does at this time, the employee decides solely for himself.

The legislation provides for the following types of rest time:

1) breaks during the working day (shift);

2) daily (between shifts) rest;

3) days off (weekly uninterrupted rest);

4) non-working holidays;

5) holidays.

Breaks during the working day (shifts) provided for rest and food (Article 108 of the Labor Code) or for heating and recreation (Article 109 of the Labor Code).

Daily (between shifts) rest- this is the time from the end of work until it starts the next day (shift). Its duration is determined by the internal labor regulations or shift schedule and depends on the duration of daily work and lunch break.

The Labor Code does not establish a minimum duration of daily (between shifts) rest. According to established practice, the working hours in the organization are usually set in such a way that it (together with the lunch break) is at least twice the length of the working time on the day (shift) preceding the rest.

Weekly uninterrupted rest (weekends) all employees are provided with a duration of at least 42 hours. The specific duration of this type of rest depends on the type of working week and the mode of work in the organization (Articles 110, 111 of the Labor Code).

Non-working holidays- these are days free from work established by the Labor Code, dedicated to outstanding events or memorable traditional dates (Article 112 of the Labor Code).

Vacation as a type of rest time, it is a certain number of calendar days free from work (in addition to public holidays) provided to employees for uninterrupted rest and restoration of working capacity while maintaining their place of work (position). They differ: annual paid holidays (Article 114 of the Labor Code); leave without pay (Article 128 of the Labor Code).