General grounds for termination of an employment contract. Legal regulation of economic relations Grounds for termination of an employment contract cannot be

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 the employment contract: “termination of the employment contract” and “dismissal.” These concepts are close in meaning, but are not identical and differ in their legal content.

Thus, termination of an employment contract is the end of the labor legal 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 excluding any circumstances, the possibility of continuing labor relations, etc.).

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

“Termination of an employment contract” is a narrower concept; it is a voluntary termination of employment relations on the initiative of one of the parties to the employment contract or on 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, while 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 termination of an employment contract is a vital circumstance, which is enshrined in law as a legal fact necessary for terminating the employment relationship. Termination of an employment contract means simultaneously the dismissal of the employee.

The Labor Code of the Russian Federation devotes an entire chapter to termination of an employment contract - Chapter 13, which provides 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, grounds for termination of employment contracts that differ from those given in the Labor Code of the Russian Federation are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is permitted by 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 termination of 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 existence of grounds provided for by law, the employer complies with the established procedure for terminating the employment contract, and also provides the 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 while on vacation (Part 3 of Article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 years (a disabled child under eighteen years old), 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 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 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.

Taking into account the opinion of the trade union body is not required if an employee who is not a member of a trade union is fired or if there is a trade union in the organization, 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 workers participating in collective negotiations during the period of their conduct cannot be dismissed at the initiative of the employer without the prior consent of the body. Authorizing them for representation, except in cases of termination of an employment contract for committing an offense 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 18 years of age at the initiative of the employer (except for cases of liquidation of the organization), in addition to compliance with the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors.

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

At the same time, the provisions of part one 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 verifying the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 Labor Code of the Russian Federation and clause 3 of Art. 25 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations”, which recognized as inconsistent with the Constitution 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. 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, represents a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time as a subject of economic activity and 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 (parts 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and, therefore, contradicts the requirements of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

The 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) expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;

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

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

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

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, 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 due to 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 report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding work (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 location 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 presupposes the mutual desire of the employee and employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated within the period agreed upon by the parties, that is, at any time. An agreement to terminate an employment contract does not exclude the possibility of dismissing an employee at his own request or, if there are grounds for this, at the initiative of the employer.

Termination of an employment contract at the initiative of the employee presupposes the desire of one party (the employee) to terminate the employment contract, and the employer is obliged to terminate relations with the employee upon expiration of the notice period.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different 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 resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) 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 labor law norms, 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.

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

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

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

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

The right to terminate an employment contract at the initiative of an employee is given 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 application for termination of an employment contract is submitted by an employee under 18 years of age, it is necessary to first obtain the consent of the relevant state labor inspectorate and the commission for minors.

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 ). Please keep the following in mind:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation 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 responsibility to prove it rests with the employee;

b) the employment contract can 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 can be terminated at the initiative of the employer in the following cases:

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

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

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

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

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

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

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

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

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

d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional 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 safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;

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

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

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

11) the employee submits false documents to the employer when concluding an employment contract;

12) has become invalid.

13) provided for in 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 procedure for certification (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 workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment 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 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 guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were 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 (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

When considering a case on 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 cases of reinstatement at work, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of rights, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal a temporary disability during 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 units and equivalent to them), not released from their main job, when the decision on dismissal must 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 a higher elected trade union body.

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

As a general rule, the parties cannot include in the employment contract additional grounds for dismissing employees other than those provided for by law, since this can be considered as a reduction in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, employment contracts cannot contain conditions that limit the rights or reduce the level of guarantees of workers 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, they are not subject to application.

Termination of an employment contract at the initiative of an employer with pregnant women is not permitted, except in cases of liquidation of the organization or termination of activities 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 for other reasons not related to the employer’s initiative, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in in general order.

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of her 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 the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

An employment contract extended in this way, by virtue of the direct instructions of the law, does not cease to be fixed-term. In this case, the 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 permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (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 on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).

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

3) failure to be elected to office;

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

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

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

The recognition of an employee as completely incapacitated may take place in accordance with a medical report issued by the body or institution competent to issue such a 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 deceased or missing;

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

7) the occurrence of emergency circumstances that impede 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 government body of the relevant constituent entity of the Russian Federation;

8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

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

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

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

11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the 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 violation of these rules excludes the possibility of continuing work, in the following cases:

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

concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

lack of an appropriate education document if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

concluding an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws relating to the involvement in labor activities of citizens dismissed from state or municipal service;

in other cases provided for by federal laws.

If a 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 severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

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

General provisions

Dismissal is represented by the termination of an employment contract or other contracts drawn up between a business representative and a hired specialist. Each party performs certain actions aimed at ending the relationship. The nuances of the process 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 compelling reasons, 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 an employment contract guarantees no problems with the labor inspectorate or court for a business representative.

Contract concept

An employment contract is a bilateral agreement drawn up and signed by the employer and employees. Based on it, the hired specialist occupies a specific position. He is assigned certain job responsibilities that must be performed promptly and correctly.

This document regulates the relations arising between the two parties.

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

Reasons for termination of the contract

There are various grounds for terminating an employment contract. They can be available to both the employee and the business owner. If the initiator is the employer, then he cannot deprive the specialist of his job without 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 at a particular enterprise;
• dismissal of a citizen by an employer, and this is usually due to the fact that the hired specialist cannot cope with his duties, regularly violates labor discipline, or there are other compelling reasons;
• dismissal of an employee at his own request, for example, he may not be satisfied with the working conditions, he may find another job, or he needs to move to another city altogether;
• 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 renew the contract on the part of management or the specialist himself, which is usually associated with the introduction of fundamental changes in working conditions;
• you have to end the relationship due to circumstances that are beyond the control of the two parties;
• the contract does not comply with legal requirements, so it is impossible for the specialist to further cooperate with such an employer.

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

How does an employee terminate an agreement?

Often the initiator is the hired specialist himself. He may have various reasons for this. Termination of an employment contract at the initiative of an employee is also called voluntary dismissal. However, certain conditions must be met, which include:

• the person cannot continue cooperation, for example, he retires, the working conditions of the enterprise change, a move is planned or long-term treatment is planned;
• the employer violates employment legislation or the immediate provisions of the employment contract itself.

If there are such grounds, each person can terminate relations with the company. Termination of an employment contract by an employee requires the preparation of a special application, which is submitted to the management of the company. It requires you to indicate the reasons for leaving work, and also states a petition on the basis of which the contract will be terminated. In this case, a mandatory work assignment is assigned, after which the specialist receives the funds due to him and a work book with the changes made.

The nuances of termination of relations by the employer

The initiator can even be the management of a particular company. 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 can be carried out if the following conditions are met:

• closure of a company or individual entrepreneur;
• carrying out the reduction procedure at the enterprise;
• the employee lacks the necessary knowledge, skills or experience to cope with the work assigned to him;
• the owner of the property used in the operation of the company has changed;
• the employee does not fulfill his job duties specified in the agreement, and such cases are repeated, but they must be recorded by bringing the employee to disciplinary liability;
• 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 disclosing 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 complex process. It must be fulfilled 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 moral damages.

How does an employee terminate a relationship?

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

• Initially, a special application is formed, which indicates the need to dismiss the citizen;
• The names of the parties, the reasons why the citizen does not want to continue working in the company must be written down 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 placed;
• if the reason is related to a disruption in the work of the company itself, then it is advisable to leave a reference to the legal act, the requirements of which are violated by the management;
• the date of the application is entered;
• the document is transferred to the immediate manager of the organization or to the human resources department;
• the company's employees or director must accept this application;
• over the next 14 days the employee continues to cope with his duties, and all days are paid as usual;
• on the last day, he is given a work book and other documents handed over to the company’s management during the employment process.

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

Is it possible to withdraw an application?

During the work period, which lasts 14 days, the employee can withdraw the application, and the manager cannot refuse him. An exception would be the situation if another specialist with prerogative for employment is already hired.

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

How does the employer terminate the relationship?

Quite often, the director of the company himself decides on the need to fire 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 carrying out the process, it is important to make sure that the person can be fired, and you also need to check whether the work process will deteriorate and whether labor productivity will decrease.

The procedure is divided into stages:

• the company's management 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 dismissed citizen, as well as the reason why the employment relationship is to be terminated;
• the date of acceptance of the notice is specified, and it must be provided to the employee 2 months before termination of the contract, which allows him to find another job;
• during this time, the work process occurs as usual;
• on the last day, the citizen’s work book and other documents are handed over to him.

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

Nuances of drawing up an agreement between the parties

Often even both parties come to the conclusion that it is necessary to end the relationship. There are no contradictions or disagreements between them, therefore a special agreement is drawn up to terminate the employment contract by mutual consent.

This process is documented in writing, and often requires the approval of the head of the HR 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 have to deal with legal proceedings or complaints to the labor inspectorate.

When drawing up the document, it is not necessary to indicate the reason why the relationship is terminated. Termination of an employment contract by termination of the parties allows the employee to receive high payments from the labor exchange if he is registered after leaving the company. It is allowed to end the relationship even before the end of the probationary 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, or is absent from work for other serious and compelling reasons.

But there are also some disadvantages, which are that the employer’s activities under such conditions are not controlled by the trade union. Therefore, a situation may arise when such a decision is considered questionable or unlawful.

How is a fixed-term contract terminated?

Often, to register a specialist, fixed-term contracts are used, which clearly indicate the period of time during which the employee is required to perform labor duties. Typically 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. In this case, the conditions specified in the document are taken into account. If it is indicated that it is valid for only two years, then after this time the relationship is terminated, and the head of the company must warn the specialist about this in advance. This process is carried out three days before the scheduled date.

If a document is drawn up to perform some work, then the relationship ends after the completion of this work. In this case, all 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 previous employee returns.

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

If violations are detected, citizens can file a lawsuit.

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 either an employee or the head of the organization. An agreement to terminate an employment contract is often drawn up, which allows each party to enjoy many benefits. In case of violations by the employer, hired specialists can go to court to challenge the contract or dismissal.

The grounds for termination of an employment contract are established by the Labor Code of the Russian Federation. They are divided into general and special. Below are general grounds that apply to almost any employee (unless special preferential rules prohibit dismissal for a specific reason).

Classification of grounds for termination and termination of an employment contract according to the Labor Code of the Russian Federation

The list of general grounds for termination of an employment contract is covered in Art. 77 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Moreover, in legal science, such grounds are usually divided into 3 groups.

Group I. Termination due to the will of one or both parties. The grounds for termination of the employment contract in this case are as follows:

• in connection with reaching an agreement (Article 78 of the Labor Code of the Russian Federation);
• at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
• at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

Group II. Cases when it is impossible to continue the employment relationship due to certain events. This:

• the end of the period for which the employment contract was concluded (Article 79 of the Labor Code of the Russian Federation);
• transfer of an employee, carried out at his request or with consent, from one organization to another;
• reorganization or other change of the employer, change in the terms of the employment contract, relocation of the organization to another area and the subsequent refusal of the employee to carry out activities under changed circumstances (Articles 72.1, 74, 75 of the Labor Code of the Russian Federation);
• non-compliance with the rules for concluding an agreement (Article 84 of the Labor Code of the Russian Federation).
• refusal to transfer to another job if the need for such a transfer is caused by medical indications (Article 73 of the Labor Code of the Russian Federation).

Group III includes termination of an employment contract when circumstances arise that do not depend on the will of the participants in the labor relationship (Article 83 of the Labor Code of the Russian Federation).

Note! Classification of grounds for termination of an employment contract can be made based on other factors.

Agreement of the parties or employee initiative

One of the common grounds for terminating an employment contract is termination upon reaching an appropriate agreement between the employee and the employer. Some people mistakenly perceive it as identical to termination at the employee’s own request.

In fact, there are differences between these two bases; we present them in the table.

Conclusion! So, the employee does not have the right to withdraw the application upon termination of the employment contract by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). And when filing an application under Art. 80 of the Labor Code of the Russian Federation, he has two weeks to change his mind (see the ruling of the Constitutional Court of the Russian Federation dated October 13, 2009 No. 1091-О-О).

Note! In case of dismissal under Art. 80 of the Labor Code of the Russian Federation, in contrast to Art. 78 of the Labor Code of the Russian Federation, the presence of management’s consent or its absence has no legal significance for termination of an employment contract (see the ruling of the Chelyabinsk Regional Court dated November 11, 2013 in case No. 11-11506/2013).

Why you can fire an employee under the Labor Code

The grounds for dismissal of an employee under the Labor Code of the Russian Federation, initiated by the employer, are listed in Art. 81. The list contained therein is not exhaustive. Special norms of the Labor Code of the Russian Federation or special laws may provide for other grounds.

Note! Unlike the right of an employee, who can quit without giving any reason, the right of an employer to dismiss an employee is limited by law. The restriction is aimed at protecting the employee as the more vulnerable person in the relationship in question.

Listed in Art. 81 of the Labor Code of the Russian Federation, grounds, in turn, are also classified into 2 types:

1. Grounds arising as a result of the employee committing illegal actions or other guilty behavior.
2. Grounds that have an objective reason, in the absence of a relationship with the employee’s guilty behavior.

The grounds related to the first type are given in paragraphs. 5-11 tbsp. 81 of the Labor Code of the Russian Federation - among them:

• failure to fulfill duties in the absence of valid reasons, committed more than once;
• gross failure to comply with duties committed once;
• actions of the employee that caused a loss of confidence in him;
• committing an immoral act (for certain categories of workers);
• actions that caused damage to the employer (in relation to managers, their deputies and chief accountants);
• submission of false documents during the registration of labor relations.

All other grounds on which you can dismiss an employee, named in this article, belong to the second type.

Reasons for dismissing an employee that do not require prior sanctions

Clauses 5 and 6 of Art. 81 of the Labor Code of the Russian Federation provide for the possibility of terminating an employment contract with an employee if he fails to comply with labor discipline. The difference between them is that dismissal under clause 5 is possible only if the employee already has an outstanding disciplinary sanction, and clause 6 does not require an existing punishment, but states that the offense must be gross.

The same article provides a list of gross violations of labor discipline, which make it possible to dismiss a person who has not previously had any penalties.

Important! According to paragraph 38 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, the presented list of violations is not subject to a broad interpretation and is exhaustive.

Grounds for dismissal of an employee that do not require prior sanctions:

• absenteeism, which means absence from work for more than 4 hours;
• being at work in a state of intoxication;
• disclosure of commercial, official or other protected secrets;
• entry into force of a judicial act confirming the theft of property, embezzlement, or damage to property at work;
• non-compliance with labor safety requirements, resulting in serious consequences.

Nuances of other general grounds for dismissal

The remaining grounds for dismissal listed in paragraphs. 2, 5-9, 11 tbsp. 77 of the Labor Code of the Russian Federation, are caused by the occurrence of a certain legal event or legally significant action, which, in turn, make further execution of the employment contract impossible. Each of them has its own specific application.

Here are just some of the nuances that you should pay attention to when dismissing an employee for these reasons:

1. If after the expiration of the contract the employee continues to work, then it is considered extended for an indefinite period. In this case, the employer is deprived of the right to dismiss under Art. 79 Labor Code of the Russian Federation.
2. Dismissal in connection with a transition to a new employer is carried out according to general rules and requires the employee to draw up a corresponding application.
3. An employee’s refusal to work with the new owner of the organization, i.e., a new employer, as well as in connection with the reorganization or reassignment of the employer, is grounds for dismissal that can be applied to the manager, his deputies and the chief accountant.
4. Dismissal when changing the terms of the employment contract is possible if the employee refuses to work in such conditions, as well as refuses other vacancies offered (Article 74 of the Labor Code of the Russian Federation).
5. Termination of an employment contract under clause 9 of Art. 77 of the Labor Code of the Russian Federation provides for the organization to move beyond the administrative-territorial boundaries of the locality in which it is registered.

Circumstances of termination of labor relations beyond the control of the parties

The grounds for dismissal under the Labor Code, which belong to the last, third group, arise as a result of the actions not of the parties to the contract, but of third parties, or as a result of events that neither the employee nor the employer can influence. Their list is presented in Art. 83 Labor Code of the Russian Federation.

Important points to pay attention to:

1. When conscripted into service (military or alternative civilian), dismissal is made upon presentation of a summons and an order (clause 2 of article 14 of the law “On alternative civil service” dated July 25, 2002 No. 113-FZ, clauses 6, 7 of the regulation “On conscription for military service”, approved by Decree of the Government of the Russian Federation of November 11, 2006 No. 663).
2. Dismissal upon reinstatement of a previously employed citizen is carried out only on the basis of a decision of the State Labor Inspectorate or a judicial act.
3. An employee can be recognized as incapable of work only on the basis of an ITU conclusion.
4. Termination of an employment contract due to an emergency circumstance is possible only when this circumstance is recognized as such by a decision of the Government of the Russian Federation or an authorized government agency of a constituent entity of the Russian Federation.

Thus, the Labor Code of the Russian Federation provides for more than a dozen general grounds for termination of an employment contract, each of which has its own nuances and requires a more careful and detailed analysis. You will find detailed information about employment relationships and their termination in the “HR” section on our website.

The reasons for the breakdown of a working relationship may vary, but in any case, the parties must act in accordance with the procedure established by law. What should an employee do and when? 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 termination of an employment contract?

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

• employer initiative;
• the contract has expired;
• the employee expressed his desire to resign;
• the employee wants to change his job and is transferred to a new one;
• there is a need to change the terms of the contract or the location of the workplace, but the employee does not agree;
• The company has changed its owner or undergone a reorganization and this does not suit the employee.

The presence of grounds is a prerequisite for termination of TD. At the same time, the employee is dismissed, and it is extremely important to follow the registration rules in each specific case. Failure to comply with these rules may result in claims from regulatory authorities, fines, or employees turning to the State Tax Inspectorate. However, the duty to maintain order concerns not only employers, but also employees. Next, we will analyze all the options in detail.

Termination of a contract in labor law

In the Labor Code, several articles are devoted to the issues of severing 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 trade unions. In particular, it is allowed to include in 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 employee’s last working day. An exception is situations when a person retains a position, but in fact he was not at the workplace.

Termination of TD will be legal only when the procedure established by law is followed and guarantees are provided (Article 27 of the Labor Code of the Russian Federation).

Procedure for registering termination of an employment contract

The registration procedure 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:

• Issuing a dismissal order.
• Familiarize 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 sign, the refusal must be formalized in a special act.
• A note in the work book about the dismissal indicating the article.
• Issuance of a work certificate to the dismissed person. If this cannot be done, you should send a notification 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 certificate.

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 termination of the TD. Next, we will consider them separately.

At the initiative of the employee

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 TD, the employee must notify the employer in advance. An application with notification must be submitted at a minimum:

• Within 14 days - for most workers.
• 3 days in advance - for those who work under a temporary employment contract.
• Within 1 month - to senior managers.

The specified periods are calculated starting from the next day after the date on which 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, retirees and those enrolled in educational institutions.

After the warning period expires, the employer must carry out 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 take his place, the employer is obliged to retain his position.

At the initiative of the employer

The conditions under which an employer can take the initiative to terminate a labor contract are described in Article 81 of the Labor Code. Conventionally, they can be divided into 2 categories:

No disciplinary action

• Liquidation of the enterprise. 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, and for a temporary worker - 3 days in advance). There is an option to terminate the contract without notice, but in this case the employee’s consent must be obtained and compensation must be paid - average earnings in proportion to the period remaining until the end of the notice period.
• Reorganization or staff reduction. 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, termination of the contract must be agreed upon with the trade union organization. The elected trade union must be warned about the upcoming staff reduction (if mass layoffs are coming - no less than 3 months in advance).
• Certification revealed professional inadequacy. First, you need to offer possible options for transferring to another position and obtain consent for such a transfer. The dismissal procedure can be initiated only if it is impossible to employ the employee.
• Change of owner of the organization. In this case, it is possible to terminate the employment relationship with the manager, deputy and chief accountant. The new owner can dismiss these workers by paying them compensation in the amount of at least three monthly salaries. If the vacation was partially or fully used in advance, money cannot be withheld for it.

Disciplinary action

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

• multiple minor violations or one serious violation;
• violation of an agreement to maintain secrecy or personal data;
• immoral act;
• actions that resulted in material damage to the company.

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

• identification and proof of violation;
• obtaining an explanation from the violator or drawing up a report stating that he refused to give an explanation;
• issuing an order to apply a disciplinary sanction (no later than a month after the discovery of the offense and no later than six months after its commission).

After filing a penalty, the dismissal procedure follows the general procedure. 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, 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 his 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:

• reason for dismissal - agreement of the parties;
• date of termination of TD;
• the amount of compensation, if the conditions of dismissal require this;
• other conditions agreed upon by the parties.

The document is drawn up and signed in two copies, one for each party.

Termination of a trade agreement by agreement of the parties is a voluntary act. The employer does not have the right to force an employee to take this option. If the audit reveals the fact of coercion, the employee will have the opportunity to demand his reinstatement.

Unlike an application for voluntary resignation, 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 a 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 to military or alternative civilian service. Despite the fact that the employer is not to blame for this situation, he pays the employee severance pay equal to two weeks’ salary (Article 178 of the Labor Code). To register a dismissal, you need a statement from the employee and a summons. Maintaining order is especially important for employees of municipal and state enterprises, since the law guarantees their reinstatement in their previous place within three months after demobilization.
• Return of an employee who was previously in this position. An employee who is at risk of dismissal must first try to transfer him 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 court sentence according to which a person cannot continue to perform his duties. An order of dismissal should be issued stating the reason why the person is unfit to hold the 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).
• Loss of ability to work for medical reasons. If an employee occupies a position for which routine 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 grounds. - a special type 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 possibilities of termination at the initiative of the employee (with 2 weeks of work) or the employer, as well as by agreement of the parties (on any day by agreement). The registration procedure in these cases is the same.

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

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 an intention to terminate the contract, it will become indefinite.

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

The notice must be signed by the manager or authorized person. As a rule, this is an employee of the HR department. The document is drawn up in two copies, one remains at the enterprise, the second - with the dismissed employee. To prevent controversial situations, experts recommend getting a note from the employee on the company’s copy that he took his copy.

General grounds for termination of an employment contract are described in detail in labor relations legislation. They are quite diverse and depend both on the type of employment contract and on the type of profession or status of the employee. Let's try to analyze in what cases an employment contract can be terminated.

What are the grounds for terminating an employment contract?

General grounds for termination of an employment contract are:

• employee's desire;
• employer's desire;
• consent of the parties;
• expiration of the term (for those cases where the contract was concluded with such a condition).

Termination of a fixed-term employment contract

A contract concluded for a period of up to 5 years can be terminated in the same cases as an open-ended one, but with some exceptions:

Don't know your rights?

• the period that has come to an end is grounds for termination;
• an employee hired for seasonal work or for a period of less than 2 months gives notice of his dismissal not 14 days in advance, as in the general case, but 3 days in advance;
• The notice period for dismissal due to layoffs or liquidation of the employer is also shorter: for short-term contracts - 3 days, for seasonal work - 7 days.

The procedure for terminating an employment contract at the initiative of the employer

Grounds for termination of an employment contract occurring at the will of the employer are clearly defined in the law. These include:

• termination of the employer's activities;
• reduction;
• non-certification of the employee;
• gross violation of duties by the employee, as well as the commission of other guilty actions (absenteeism, showing up at work drunk or under the influence of drugs, theft, immoral actions of a teacher, etc.);
• grounds provided for specific categories of workers (for example, for a teacher - the use of force against a student).

To comply with the law, an employer must:

1. Warn about the liquidation of the organization or termination of its activities as an individual entrepreneur in advance (the period is established by law).
2. Provide an employee with benefits if he loses his job through no fault of his own (with the exception of employees on a short-term contract).
3. In case of theft or damage to property, have in hand a court verdict or a decision on an administrative case.
4. For employees who are members of a trade union, first consult with the leadership of this organization.
5. If we are talking about layoffs, follow the rules regarding those employees who should be fired last.

The procedure for terminating an employment contract at the initiative of an employee

Dismissal desired by the employee himself is permitted at any time, regardless of whether the contract is fixed-term or permanent. In this case, the employee must:

1. Send an application to the head of the enterprise with a desire to resign at least 2 calendar weeks before the date of intended dismissal (for short-term and seasonal contracts - 3 days).
2. Stop work on the last day.

The notice period may be reduced with the consent of the employer. If an employee quits because he can no longer work (retires, etc.), then the date of dismissal is set by the employee himself.

Additional grounds for termination of an employment contract

In addition to the above, there are some other grounds for an employment contract to be terminated. They relate either to individual situations that are relatively rare in practice, or to certain categories of workers.

Cases of the first type are:

1. Transfer to another company. Unlike Soviet times, this is now rarely used, but from the point of view of the law it is still applicable.
2. An employee’s refusal to continue working after the owner of the enterprise changed, the departmental affiliation of the organization changed, or the institution was reorganized. For some employees (such as the chief accountant or director of the enterprise), in this situation, their new employer, the new owner of the enterprise, has the right to terminate the contract; for all other workers, this is the right to resign.
3. Situations when dismissal does not depend on the will of the parties. These are cases when an employee cannot continue to work either due to objective circumstances (the death of an employee, military operations in the area where the enterprise operates, a natural disaster, a catastrophe), or at the will of the authorities (the employee’s conscription into the army or alternative service, a court verdict, disqualification and etc.).
4. An employee’s refusal to continue working in the event that the employer is forced to change the employment contract due to changes in technology or work organization.

In addition, the law provides for termination in certain cases for certain groups of employees. Employees for whom additional grounds for dismissal under an employment contract are allowed include employees of religious organizations, employees of individuals, etc. Additional grounds for certain types of professions include, for example, doping (for athletes) or committing an immoral act (for teachers ). Finally, for those working in elected positions, the employment contract is terminated if they are not once again elected to this position.