How to issue an agreement of the parties

The least complex and problematic process is the termination of the employment contract by agreement of the parties. In this case, the employer and the employee decided to "dispense" lovely, according to paragraph 1 of Article 77 of Article 78 of the Labor Code of the Russian Federation. True, it also has to issue a number of documents.

The dismissal of an employee by agreement of the parties to act only in the absence of any objections and complaints from the employer and employee. For this, the ideal option is to sit at the negotiating table, in order to exclude the possibility of further complaints. It does not matter who initiated this termination of the employment contract.

The initiator of the dismissal must be set forth in its convenient form (written or oral) own offers to the other party. It is easier to agree orally to solve all moments without resorting to a long correspondence.

During the negotiations, you should find compromise solutions on issues such as the period of dismissal, to determine the grounds for dismissal (in our case, this is the agreement of the parties) and designate the value of the output benefit (if necessary).

Pay attention to the presence of an unused employee's vacation. If the latter wishes, then vacation must be paid, or put the termination date of the employment agreement The last day of vacation (if the employee is the desire). Be sure to specify this item in the text of the document.

By coordinating all the controversial moments, it was a turn to make an agreement of the parties. This is done in writing in two copies. In the name of the document, indicate the number, the date of termination of the contract. Mark the place of preparation and date. The side of the agreement must be spelled out in the header. Below on points lists the agreement discussed earlier. And also do not forget to note that the dismissal is made according to paragraph 1.77 of the Labor Code of the Russian Federation.

In the Agreement, specify the date of dismissal, note that the manager guarantees the return of the completed employment record and fully settle on the day of dismissal. Specify the size of the output manual, if it takes place. Do not forget about such standard items as the lack of mutual claims and the fact that the agreement has two copies, each of which has legal force. After that, put autographs and wrap the seal document.

Download Agreement on termination of the employment contract_um You can on our website.

Agreement on termination of the employment contract_Blanc Available here.

After the agreement is signed, an order should be issued for dismissal. Indicate in it the reasons for termination of the contract with the employee (Article TC) and the document (agreement No.). The employee must familiarize himself with and sign in the order.

Order for dismissal_ami You can download here.

Order for dismissal_Blanc Available for familiarization on our website.

It is necessary to record in the employment record immediately, specifying the order number. Do not pull with this procedure, since the intentions of the parties may change. Do not forget that each side of this contract can change its plans for dismissal. To notify the side, it is enough to send it in writing his wish to cancel the agreement.

If the second side does not have anything against such a rotation of the events, the order, as well as the agreement, is canceled. It must also be decorated in writing, in shape as the previous order and agreement. If the second side does not agree, it is impossible to terminate the agreement. It is not permissible to cancel it unilaterally.

Note that the employee does not need to write an application for dismissal when signing the agreement of the parties. In addition, he is not obliged to work out two weeks after dismissal. His work experience is not interrupted within a month. Also, the ex-employee has no right to challenge his own dismissal in court.