Labor relations: the grounds for the emergence, change and termination. Grounds for the emergence, change and termination of labor relations

To terminate an employment relationship, the parties must use certain grounds. The law divides such grounds into general and additional.

In this regard, every manager and employee of the enterprise should know what each ground for termination of relations is and when it is applied.

Labor legislation provides for categories of grounds, in the presence of which, the parties may initiate the termination of labor relations.

Mutual decision of the parties

List of general grounds for termination of the contract.

Any agreement on the performance of a labor function may be terminated at any time after the parties to the legal relationship have reached an agreement on this matter. The main issue that must be resolved by the participants is the date of the last working day.

Document expiration

Relationships can be terminated with the onset of a specific date or the expiration of a certain period specified in the contract. The employer in this case must inform the employee that the expiration period of the document is coming to an end.

Such notification must be made no later than three days before the last date of performance of the labor function. If the notification was not made, then the contract is considered renegotiated for an indefinite period; Termination of legal relations on the basis of the employee's initiative

The legislator gave the employee the right to terminate the employment relationship at any time, regardless of the desire of the employer. The only obligation that is assigned to the employee is a warning, at least two weeks in advance, of the employer about dismissal.

It must be remembered that the agreement may provide for a different period during which the employee informs the employer.

Labor legislation allows a person to withdraw the submitted document at any time, except for the case when another employee is invited to replace him on the basis of a transfer.

Termination of the agreement by decision of the employer

For theft of property and absenteeism, they are fired.

The decision is made under the following circumstances:

• termination of the activity of the organization or the status of a legal entity, individual entrepreneur. Each employee shall be notified of such a decision not later than two months before the date of termination of commercial activities.

The employer must pay, as well as two monthly salaries;

• reduction in the number of employees in the organization. The employer is obliged to offer employees who will be further subjected to the redundancy procedure available vacancies in the workplace. When people do not agree to a new job, agreements with them are terminated;
• inconsistency of the qualifications of the employee with the position he occupies. Such a decision can only be made based on the results of the certification carried out in the organization;
• implementation of the procedure for changing the owner of the enterprise. As a rule, in this case, the relationship with the head of the organization, the chief accountant is terminated.

• refusal of the employee to perform his immediate duties. It is allowed to apply this basis in order to terminate legal relations only when measures of disciplinary liability were previously applied to this employee, drawn up in the proper manner;
• violation by the employee of the provisions of the job description. These violations must be gross.

As a rule, such reasons are established for certain categories of employees (teachers, civil servants, doctors, bank employees).

So, among the additional conditions that may be provided for by the agreement, the following stand out:

• loss of trust in the employee;
• commission by an employee of an immoral act or misconduct that discredits the honor and dignity of certain professions (as a rule, such requirements are established for teachers, police officers, judges, prosecutors);
• refusal to sign internal instructions aimed at combating corruption (relevant for state or municipal employees).

In this video, you will learn about the grounds for terminating an employment contract.

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23.07.2018, 0:36

Labor law establishes the grounds for the emergence, change and termination of labor relations. The main regulatory document in these matters is the Labor Code. The employer and the employees hired by him are recognized as participants in the working relationship. Legal registration of cooperation is carried out through the conclusion of individual labor contracts.

The emergence of labor relations

An employment contract is concluded as a result of one of the following events:

• election to a vacant position to perform certain work functions;
• passing a competitive selection to fill a vacant position;
• appointment by the head of the company to the position: issuing an order for approval in the position (the grounds for dismissal in the future can be any, depending on the situation);
• authorized bodies issued a job referral to a person indicating the employer and position;
• there is a court decision that has entered into force on the conclusion of an employment contract after an appeal by a citizen of an unreasonable refusal of a potential employer to hire.

The absence of a timely executed employment contract is not a basis for terminating an employment relationship. This document may be drawn up and signed by the parties with a delay if access to the workplace was issued to a citizen with the knowledge of the employer. The contract is considered concluded if its provisions are discussed orally by the participants of cooperation and the employee has started to implement work tasks on behalf of the employer or his legal representative.

When a specialist is admitted to work, the employer has an obligation to draw up a written form of an employment contract. This must be done within 3 working days from the date of the first visit to the object of the hired person.

If the parties began cooperation on the terms of a civil law contract (GPC), but in court the relationship of the parties was recognized as labor, the grounds for dismissal of the employee must be correlated with labor law, and the contract is reissued from the GPC to an employment contract.

Changing the terms of cooperation

Adjustments in working conditions can be implemented on the initiative of both the employee and the employer. Changes may be due to a transfer to another position. This action is implemented:

• in the event of a production need;
• downtime due to the fault of the employer;
• under the influence of uncontrollable external factors.

It is possible to transfer on contractual terms, while the list of probable grounds for dismissal of an employee at the initiative of the employer remains the same and is regulated by the Labor Code of the Russian Federation.

Changing the terms of cooperation at the request of the employee without the mandatory consent of the employer is possible if we are talking about a pregnant employee who, according to medical prescriptions, needs to create special working conditions.

Employees who have children under the age of 1.5 years have a guaranteed right to change the provisions of an employment contract. The employer is obliged to accommodate such a category of officials if it is not possible to perform labor functions in the same volume or under normal conditions.

Termination of relationship

Justification is required to terminate an employment contract. The grounds for dismissal under the Labor Code are as follows:

• the agreements of the parties to the labor relationship are formalized in writing in the agreement;
• the will of one of the participants in the relationship does not require the mandatory consent of the other party.

An employee may initiate a resignation from a position without good reasons and without argumentation of intention. With regard to the desires of the employer, the legislation establishes strict requirements for motivating actions. The grounds for dismissal at the initiative of the employer must be legal and documented.

If the contract is terminated as a result of an error in work, this fact should be recorded in internal documents and subjected to investigation. This is done by the commission of the company created by order of the director or, in serious situations, by the police.

In some cases, the grounds for dismissal of an employee at the initiative of the employee may be due to the influence of third parties. The employer, in the presence of evidence of the influence of external factors, is not authorized to insist on mandatory working off or changing the conditions for terminating the employment contract. These exceptional situations include:

• conscription;
• court decision on bringing to criminal responsibility;
• the demand of the trade union to remove the head of the company from the post in order to protect the rights and interests of the labor collective.

Labor law uses three terms related to the termination of an employment relationship: termination, termination, and dismissal. The first two are used in relation to the employment contract, and the third - in relation to the employee.

Termination - the broadest concept, covers all the grounds for the termination of labor relations provided for by law.

Termination is the termination of labor relations at the initiative of one of the parties to the employment contract. Termination and termination of the employment contract mean at the same time the dismissal of the employee.

The termination of an employment contract should be distinguished from the removal of an employee from work: the first entails the termination of the employment relationship, and the second only the suspension of the work by the employee (not admission to work).

Suspension of an employee from work is the obligation of the employer and may be carried out by the employer as at the request of authorized bodies and officials in cases provided for by law. For example, but the initiative of the State Sanitary and Epidemiological Surveillance on the removal from work of persons who are bacteria carriers and may be a source of the spread of infectious diseases; on the initiative of the bodies of the State Labor Inspectorate on the removal from office of officials guilty of violating the legislation on labor and labor protection, as well as on the suspension from work of persons who have not been trained, instructed and tested in accordance with the established procedure on labor protection), as well as on on the initiative of the employer of the organization, in particular, in cases of appearing at work in a state of alcoholic, narcotic or toxic intoxication or not undergoing a mandatory preliminary or periodic medical examination in accordance with the established procedure.

An employment contract can be terminated only if there is a certain reason (a circumstance that is enshrined in law or in an employment contract as a legal fact for terminating an employment contract).

All grounds for termination of an employment contract in terms of their scope are divided into general (apply to all employees) and additional (apply to certain categories of employees).

Common grounds for terminating an employment contract include:

• 1. Agreement of the parties;
• 2. Expiration of the term of the employment contract;
• 3. Termination of the employment contract on the initiative of the employee;
• 4. Termination of the employment contract on the initiative of the employer;
• 5. Transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
• 6. Refusal of the employee to continue work in connection with a change in the owner of the property of the organization, a change in the jurisdiction (subordination) of the organization or its reorganization;
• 7. Refusal of the employee to continue work in connection with a change in the essential terms of the employment contract;
• 8. Refusal of the employee to transfer to another job, which 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 absence of an appropriate job for the employer;
• 9. Refusal of the employee to transfer to work in another area together with the employer;
• 10. Circumstances beyond the control of the parties and also a number of others provided for in Article 77 of the Labor 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.

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

Guarantees associated with the termination of the employment contract and the initiative of the administration

In case of liquidation of the organization, reduction of the number or staff of the organization's employees:

• employees are warned by the employer personally and against receipt at least two months before the dismissal, and earlier than this period - only with the written consent of the employee and with the simultaneous payment of additional compensation to him in the amount of two months of average earnings;
• the employer is obliged to offer the employee another available job (vacant position) in the same organization, corresponding to the qualifications of the employee;
• in the event of a reduction in the number or staff of employees, the preferential right to remain at work is granted to employees with the highest labor productivity and qualifications, and in case of equal labor productivity and qualifications
• upon dismissal, the employee is paid a severance pay in the amount of the average monthly earnings; in addition, the dismissed employee retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay);

The main document on labor activity and work experience of an employee is an erudite book. The employer (with the exception of employers - individuals) is obliged to keep work books for each employee who has worked in the organization for more than five days, if the work in this organization is the main one for the employee.

The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties is not entered in the work book, except in cases where dismissal is a disciplinary sanction. At the request of the employee, information about part-time work is entered in the work book at the place of the main job on the basis of a document confirming part-time work. Upon termination of the employment contract, the employer is obliged to issue a work book to the employee on the day of dismissal.

Dismissal, or termination of an employment contract - the completion of relations between an employee and an employer at the initiative of either party. Like any other HR job, dismissal must be accompanied by established procedures, which include:

• advance warning of the intention to terminate the contract;
• working out;
• documenting;
• final settlements with the employee.

The procedure for terminating an employment contract has its own subtleties, depending on the reason for the dismissal and, above all, on who initiated it - the employer or the employee.

The procedure for terminating an employment contract at the request of the employee (Article 80 of the Labor Code of the Russian Federation)

The most common reason for dismissal is the employee's own desire. In such cases, the general rules for termination of employment apply, which are as follows:

1. The employee submits a written resignation letter addressed to the manager.
2. As a rule, 14 days pass from the date of application to the termination of the contract. This is the so-called "development", during which the employee completes his current affairs, transfers accountable property, etc. The employer has the opportunity during this period to find a new candidate for a vacant vacancy, accept working documentation and valuables from the employee, conduct an audit, prepare all the necessary orders and accrue the funds due for payment. As for the period of working off, by agreement between the employer and the employee, it can be reduced. During this period, the resigning person has the right to “change his mind” and withdraw his application.
3. Termination of the employment contract at the request of the employee is accompanied by a number of actions on the part of the employer:
   • a dismissal order is issued;
   • a work book is filled in - a record of dismissal is made indicating the reason, a link to the relevant article of the Labor Code of the Russian Federation, details of the order, certified by the signature of the responsible employee and the seal of the organization;
   • a cash payment is calculated, which includes wages for actually worked days, compensation for unused vacation, payment for overtime, etc.;
   • on the day of dismissal, the employee gets acquainted with the order (under signature), a copy is given to him (upon request), the work book is returned; the amount due is paid in full.
4. The date of dismissal is the last working day of the employee, when he must view the personnel documents, put his signatures where required and pick up the work book.

As a rule, there are no complications when registering those who leave of their own free will. But here some nuances may arise if the employee for some reason did not want or could not receive the documents. In such cases, the staff member proceeds as follows:

• in the absence of the dismissed person's signature on the order, makes an appropriate entry on the main copy and copies;
• sends a notification to the employee who did not appear for the work book with the requirement to pick it up from the employer;
• in case of untimely application of the dismissed person for a work book, ensures its issuance in 3 working days;
• at the request of the employee, it is possible to send a work book by mail.

It is extremely important to complete the procedure no later than the day the work contract is terminated, otherwise the dismissal may be declared invalid: this is not the case when it is permissible to draw up documents “backdating”.

There are situations in which the termination of an employment contract at the initiative of an employee deviates slightly from the standard scheme. Basically, changes occur in terms of the duration of the mandatory "working off", namely:

1. The head of the organization is obliged to warn about the intention to leave a month before the expected date of dismissal.
2. Employees have the opportunity to terminate their employment relationship without working off, if this occurs due to the following circumstances:

• admission to study at a university or secondary vocational institution;
• retirement;
• moving to another locality;
• dismissal caused by violations of labor laws by the employer.

Agreement of the parties

Dismissal by agreement of the parties is considered a "compromise" option between the employee and the employer. It can be caused both by the desire of the employee and the decision of the employer, in any case, this is possible provided that the parties manage to agree “amicably”. The termination of the employment relationship is formalized by agreement of the parties as follows:

• the employee fills out an application for dismissal under Art. 77 p. 1 of the Labor Code of the Russian Federation;
• the employer prepares an order, an agreement to terminate the employment contract, makes an entry in the work book about dismissal by agreement.

Such a wording can give certain benefits to the dismissed person: monetary compensation from the employer, the opportunity, if necessary, to apply for unemployment benefits, based on the amount of wages. The employer may also be interested in an agreement: for example, in this way he receives a guarantee that the employee will leave the organization on a specific date, since the application in case of dismissal by agreement is not retroactive.

Termination of employment at the initiative of the employer

The Labor Code of the Russian Federation (Article 81) provides for a number of grounds for terminating an employment contract by an employer. The general grounds applicable to all employees, with the exception of certain categories, include:

• downsizing;
• job discrepancy of the employee due to low qualification, proved by attestation activities;
• gross violation of labor discipline (absence from work without a valid reason, being at the workplace in a drunken state), disclosure of confidential information;
• systematic failure to perform official duties (the presence of several disciplinary punishments);
• material damage intentionally caused to the tenant;
• non-compliance with safety and labor protection requirements, resulting in an emergency situation, causing harm to life and health of people, property damage;
• provision of inaccurate information, forged documents during employment.

There are also reasons for dismissal, specific to certain positions, provided for by separate legislative acts, for example, loss of confidence for workers associated with money; immoral behavior for teachers or the discovery of a government employee's own business.

In order to become the basis for termination of the employment contract by the employer, all these facts must be established, documented: acts, medical certificates, memorandums and memos, a court decision, etc.

The unconditional basis for the dismissal of any employees is only the liquidation of the company, in all other cases there are restrictions that relate to:

• women during pregnancy;
• workers with children under 3 years old;
• single mothers and persons raising children under 14 without a mother;
• employees with a child with a disability - until he reaches the age of majority;
• an employee cannot be fired while he is temporarily unable to work or is on vacation.

Termination of the contract at the initiative of the employer has many nuances arising from the specific reason for dismissal. For example, the procedure associated with liquidation and reduction includes, first of all, a notice of termination of the employment contract sent to the employee 2 months before the dismissal, as well as the payment of severance pay. In some cases, the employer must first offer the employee to move to another position, and after the refusal, he may terminate the employment relationship.

Dismissing a violator of discipline is an even more difficult task, which is carried out in several stages and is accompanied by the collection of an evidence base.

Thus, the procedure for terminating the contract depends on the article of the Labor Code applied upon dismissal, each of which deserves separate consideration.

Termination of fixed-term employment contract

Working under a fixed-term contract is a special case. By signing it, both parties agree that after a certain period of time their employment relationship will end. Moreover, the possibility of their extension may or may not be envisaged. However, such a contract does not automatically terminate on the date specified in the agreement.

The urgency of the contract does not exempt the employer from warning the employee 3 days before the date of dismissal - the notice must be given to the employee personally or sent by mail. Otherwise, the contract will be considered prolonged for an indefinite period, that is, it will become indefinite.

In the usual manner, the termination of a fixed-term employment contract occurs in connection with the completion of work (temporary, seasonal), for which the person was involved in the organization, or the exit of a temporarily absent employee, in whose place the dismissed person worked. The difference between a fixed-term contract and a regular one is that it gives the employer the right to part with a temporary employee, even if he is on sick leave or on vacation by the time the agreement ends.

The fact that the contract has a certain period is not an obstacle to the departure of a temporary employee of his own free will. For early termination of employment, you must write an application, and after 2 weeks you can be free from your duties. Apply to "conscripts" and other options for dismissal - by agreement of the parties, at the initiative of the enterprise.

Difficulties for the employer can arise only in one case: if a pregnant woman turns out to be a worker under a fixed-term contract. It is impossible to dismiss her in connection with this circumstance, but you can wait until she gets the right to go on maternity leave. Until this moment, personnel officers have the right to request a pregnancy certificate from a woman every 3 months and, on its basis, renew the contract. A woman who is not in a hurry to go on maternity leave and continues to work "to the stop" and further can be fired on completely legal grounds within a week from the day the employer receives information about the end of the pregnancy.

What should an employer do if a person returns to work in whose place a pregnant employee works? Since in this case, the permanent employee has a priority right, the legislators "hedged" the organizations, allowing them to fire the replacement if he does not agree to transfer to another job. The place offered by the employer must meet only one requirement - it must correspond to the state of health of the pregnant woman, and it does not have to be equivalent in terms of pay and position.

The labor legislation also provides for other situations that require the termination of an employment contract. They cannot be attributed to normal personnel practice, but such cases are not uncommon:

• transfer to another organization based on the employee's application and confirmation from the new employer;
• dismissal for health reasons, if the employer does not have another job suitable for the employee (the basis for dismissal is a medical report, a written refusal of the employee);
• departure of personnel due to internal changes in the organization (change of ownership, deterioration of essential working conditions, relocation of the enterprise to another area) - the actions of the employer in such cases are similar to the reduction;
• force majeure and other circumstances beyond the control of the parties, such as the mobilization of an employee for military service, the death of an employee, natural disasters - the employment contract is terminated if there are documents confirming the fact of the incident.

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

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

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

"Cancellation of an employment contract" is a narrower concept, it is a volitional termination of employment relations at the initiative of one of the parties to the employment contract or at the initiative of certain bodies that have the right to demand this termination. The difference between the concept of "termination of an employment contract" and the concept of "termination of an employment contract" is that the first covers both volitional unilateral and bilateral actions, as well as events, and the second covers only unilateral volitional actions.

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

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

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

Termination of an employment contract is considered legal provided that, in addition to the grounds provided for by law, the employer complies with the established procedure for terminating an employment contract, and also provides guarantees upon dismissal established by law for certain categories of employees.

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

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

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

Consideration of the opinion of the trade union body is not required if an employee who is not a member of a trade union is dismissed or the organization has a trade union, but the employee is connected by membership relations with another trade union that does not have a primary trade union body in this organization.

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

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

According to Art. 374 of the Labor Code of the Russian Federation dismissal at the initiative of the employer in accordance with paragraph 2, sub. "b" paragraph 3 and paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, heads (their deputies) of elected trade union collegiate bodies of an organization, its structural divisions (not lower than shop and equated to them), not released from their main work, are allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elected trade union body.

However, the provisions of the first part of Art. 374 of the Labor Code of the Russian Federation are subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation dated December 4, 2003 No. 421-O “In the case of checking the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 of the Labor Code of the Russian Federation and paragraph 3 of Art. 25 of the Federal Law “On trade unions, their rights and guarantees of activity”, which recognized the norms contained in federal laws and prohibiting the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer, to be inconsistent with the Constitution. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated failure to perform labor duties without good reason, if he has a disciplinary sanction, is a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time the subject of economic activity and the owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (part 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and therefore contradicts the provisions of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

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

The grounds for termination of an employment contract are:

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

2) the expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues and none of the parties has 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 the 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 elective work (position);

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

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

8) the employee's refusal to transfer to another job, which 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 absence of an appropriate job for the employer (parts three and four of Article 73 of the Labor Code of the Russian Federation);

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

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

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

An employment contract may also 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 implies the mutual desire of the employee and the employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated at the time agreed by the parties, that is, at any time. The agreement on termination of the employment contract 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.

Termination of the employment contract at the initiative of the employee implies the desire to terminate the employment contract of one party (employee), and the employer is obliged to terminate relations with the employee after the warning period has expired.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins 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 expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his own 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 norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

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

The employer, before the expiration of the notice of dismissal, is not deprived of the right to dismiss the employee if he has committed an offense that is the basis for dismissal.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

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

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

If an employee under the age of 18 submits an application for termination of an employment contract, the consent of the relevant state labor inspectorate and the commission on minors' affairs must first be obtained.

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

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

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

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

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

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

3) non-compliance of the employee with the position held or the 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 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, that is, absence from the workplace without good reason throughout the 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 ( shifts);

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) 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, including the disclosure of personal data of another employee;

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

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, 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 misuse or other damage to the property of the organization;

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

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

12) is no longer valid.

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

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

The certification procedure (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 a job corresponding to the employee’s qualifications, and a vacant lower position or a 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 the vacancies that meet the specified requirements that he has in the given 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 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 in 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 guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the 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 of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

When considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

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

When the court establishes that the employee has abused the right, the court may refuse to satisfy his claim for reinstatement (changing the date of dismissal at the request of the employee dismissed during the period of temporary incapacity for work), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of dishonest actions on the part of the employee (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004).

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

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

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

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

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer knew or should have known about the fact of the end of pregnancy.

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

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

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

An employment contract is subject to termination due to the following circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation):

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

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

4) 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 an employee as completely incapable of work 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;

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

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

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

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 relevant subject of the Russian Federation;

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

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

9) expiration, suspension for a period of 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 rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

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

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.

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

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;

conclusion of an employment contract for the performance of work that is 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;

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;

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

in other cases stipulated by federal laws.

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