The procedure for termination of the employment contract

The employment contract is a document describing the employment relationship between the employer and the employee, which indicates the rights and obligations of the parties. It consists in the mutual agreement of both parties. The termination of the employment contract requires a certain sequence of actions depending on the grounds, the reasons and content of the employment agreement.

The employment contract becomes invalid after the end of his action. There are the following grounds for early termination of the employment contract: an employee's initiative or employer, as well as circumstances that do not depend on the will of both parties.

If the initiator is the employee, he must notify the employer in writing. The employer is obliged to satisfy the request of the employee in any case. An employee must comply with the deadlines for filing such a statement:

If the employment contract was concluded for seasonal work or its term does not exceed 2 months, as well as in the case when the employee is on the probationary period, the application for termination of the employment contract is submitted 3 days before the dismissal date.
In other cases, the application is submitted 2 weeks before the date of termination of the employment contract.
If any violations of the employer were installed, the employee is entitled to specify the exact date of his dismissal.
If an employee working on an employment contract holds the position of the head, the statement is written to the owner of the enterprise 1 month prior to the date of dismissal.
If the warning period has not yet expired, the employee has the right to withdraw it, then the contract remains in force, but if a new employee has not been adopted.

The head may on its initiative to terminate the employment contract, having guilty and innocent reasons:

if the employee arrives for absenteeism, violations of labor duties, etc., the termination of the employment contract occurs without prior warnings, while the existence of the employee is not paid;
if the employee does not comply with the requirements of the position due to poor health, then the day off is paid for 2 labor weeks;
if innocent reasons for termination of the contract are the basis for termination of the contract, for example, the reduction of employees, the liquidation of the organization, then the head brings this news personally in 2 months, the employee is appointed a day off in the amount of a monthly salary.

Further procedure:

Based on the statement of the employee or at the initiative of the head, an order is created, a certified copy of which is provided to the employee under the painting.
The wording in the order must correspond to the employment record and refer to the legislation of the Russian Federation.
On the day, when the employment contract loses its strength, responsible employees, for example, a specialist of the personnel department and the cashier, give the employee a completed labor book and the entire settlement amount, as well as other documents or their copies associated with the work.
If the employee did not appear at the designated day, the employer sends a written notice of the need to pick up documents or sends it by mail to take off responsibility for the delay in extradition.

The termination of the employment contract by agreement of the Parties provides for the mutual consent of the employer and employee. To terminate the employment contract by agreement of the parties, the employer draws up a written proposal, and the employee is obliged to compile a statement manager with the formulation "I ask you to sign an agreement." Mandatory is the reference to paragraph 1 of Part 1 of Art. 77 of the Labor Code of the Russian Federation. If the second party agrees to the terms of termination of the contract, the additional agreement is drawn up, in which the obligations of the Parties are compiled and the deadlines are appointed, as well as responsibility for their failure. After that, an order is published to which this agreement is tied.