If the agreement is terminated by agreement of both parties (the so-called dismissal by agreement of the parties), there is no need to explain on what basis such an agreement is canceled.
In particular, with this turn of events, mutualconcessions suit either side. If the employer terminates a labor contract with an employee who does not like it, then this employee can stop working and leave his job. The employer in this case is not obliged to listen to the opinion of the trade union.
The employment contract can be terminated in anya convenient moment, even before the probationary period expires or the employee's fixed-term labor contract ends. A significant amount of the allowance paid to the employee who has been dismissed at his own will gives a guarantee that the entry in the workplace will be "neutral". With the cancellation and invalidity of the labor contract, special concessions and agreements between the parties are possible, they can be expressed in the amount of material compensation, procedure, deadlines, etc.
Such dismissal - by mutual consent of the parties - in everyday life is called a "golden parachute".
How does the dismissal by agreement of the parties?What are its features? What is the procedure for dismissal by agreement of the parties? In accordance with Russian law, the agreement (or contract) can be canceled at any time. The Labor Code of the Russian Federation has article 77, which gives each employer the right to terminate the contract with the employee both at the time of leave and during temporary incapacity for work of this employee.
If the initiative comes from an employee,The employer does not have such privileges. Exceptions are such circumstances as the transformation of the organization, its abolition, as well as termination of the employer's activities. In these situations, the union does not monitor the dismissal of an employee from the organization. Under the same conditions, it is possible to terminate the student agreement (contract) - this procedure is the same as the process of canceling the employment contract.
The procedure for dismissal by agreement of the parties
The cancellation and termination of labor relations by agreement of the parties is also regulated by Article 77 of the Labor Code of the Russian Federation.
Nevertheless, guided by the instruction to fill out the work record, special attention should be paid to the first paragraph of Article 77 of the TC. The order should contain a reference to this paragraph.
We will consider carefully the procedure for canceling an employment contract by mutual agreement.
The first stage occurs when one of the parties acts as the initiator of the termination of the contract, that is, the originating document is being compiled.
Let us analyze the situation when the employee actsthe initiator of the termination of the employment contract. First of all, the employee needs to send an offer to the employer - a proposal that must be either approved by the head, or not. The offer itself must be formalized in the form of an application. When writing such a document, there are usually problems with the formulation of sentences in the text. Most often there is such a mistake (one of the mistakenly formulated statements): "Please release me 12.08.2009. from the position held by agreement of the parties ".
The question arises:if dismissal by agreement of the parties, which ones? The text in the statement implies that there is still some side, but the employer only found out that the employee wants to leave the organization of his own accord, and he did not give consent to this.
It is more correct to apply thisthe formulation: "I ask to terminate the employment contract with me from 12.08.2009. on the basis of the first part of Article 77 of the TC. " Here is another version of this statement: "I ask you to sign an agreement on the termination of the labor agreement with me from 12.08.2009, based on the first paragraph of Article 77 of the TC." In this case, it is necessary to take into account some nuances.
In order to terminate the agreement by agreement of the parties, the text in the application must correspond to the examples given above. If the employee does not want to dischargeby agreement of the parties, but, on the contrary, wishes to be terminated unilaterally, the agreement can not be severed in the form of cancellation of the employment agreement by mutual consent of the parties.
In the case where the employer is the initiator, he must also send an offer to the employee, and no motivation is required for such a decision.