Dismissal by agreement of the parties is the most favorable way to "say goodbye" with its former workplace for both the employer and employee. Mutual consent is always appreciated by the fact that no negative consequences and legal proceedings entail. To date, this method of calculation is very often used by many companies. And how to make a similar application for dismissal, consider in this article.
The advantages of such dismissal
Before writing an application for calculation on your own request, it is best to explore the main provisions labor legislation of the Russian Federation. Perhaps you will achieve dismissal by agreement of the parties, which is much more interesting and more profitable for the employee (Article 78 of the Labor Code of the Russian Federation).
Let's consider the main advantages of a similar "deal":
- For employee side:
- having governing in advance your care with the leadership, the employee has a certain amount of time (on the search for new work, personal affairs, etc.);
- the dismissal procedure takes only 1 day, no need to work out 2 weeks;
- the ability to stay in friendly relations with the authorities, as well as if desired, to get a letter of recommendation for a new job.
- For the side of the employer:
- a complete guarantee that the employee does not change his mind and will not take his departure statement (if the manager wishes as soon as possible to part with the employee);
- the absence of "bottlenecks" in the case of litigation;
- you do not need to pay the financial compensation (only on the personal request of management);
- no need to address the issue with the union or employee advance notice of dismissal.
document formatting
Termination of workforce under the Agreement of the Parties is used both for an indefinite and urgent hiring contract. At the same time, it is important that the employee express his request in writing in the form of a declaration of dismissal. Such a document is drawn up in two copies and includes:
- Company details (full name, address, head of the head).
- Employee data (name, position, contact phone).
- Information on the employment contract of employment (details, reception date).
- A request for dismissal in coordination of the parties.
- Date of the last working day.
- Reference to the article of the law.
- Date and signature of the employee.
In addition, it is better to register all additional dismissal conditions, if any:
- the amount of payment compensation;
- the number of days of unused vacation, which the employee decided to take before the dismissal;
- data on the transfer of commodity values, inventory, furniture and documentation.
Download right now:
- Approximate sample application for dismissal in coordination of the parties.
- Approximate sample of filling out an application for dismissal by agreement of the parties.
Signing an agreement
After the adoption of such a statement from the employee between the Parties, as a rule, an agreement on the termination of the employment contract, which includes:
- employee passport details, its address and contact phone;
- full name of the company (name, legal address, FIO of the head);
- information about mutual consent;
- details of the employment contract;
- date of dismissal;
- other information that the employer considers it necessary to make (about compensation, remuneration, the transfer of values \u200b\u200bof the enterprise, etc.);
- date and place of conclusion of the agreement;
- signatures of the Parties and Printing Enterprise.
Download on our site:
- Approximate sample agreement on termination of an employment contract by agreement of the parties;
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- Approximate sample of the order of dismissal by agreement of the parties;
- Example sample of filling out the order of dismissal by agreement of the parties.
Obligations of the enterprise
The last stage of dismissal by agreement of the parties is to issue an order with which the employee is obliged to familiarize himself with the painting. It is drawn up on the basis of the standard form of the document, taking into account the provisions labor legislation of the Russian Federation With possible changes and additions from the employer.
After the order of the order for dismissal, the company is obliged:
- make a full calculation with the employee (pay the last salary or compensation at the discretion of the employer);
- give the opportunity to "fly away" unused days of vacation or offer instead of material reimbursement;
- make an appropriate record in the workbook and give it to the hands of an employee.
Important: When dismissing, in terms of harmonization of the parties, a mark is made with an indication of the workbook. article 77 of the TC RF. An example of such a record can be viewed in the picture below or download. here.
Make an application for dismissal in coordination of the parties - the case is simple. The main thing is to take into account all the moments of labor legislation, as well as achieve complete understanding with the employer.
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