If there is a cancellation of the contract by agreement of both parties (the so-called dismissal by agreement of the parties), it is not necessary to explain the basis on which the agreement canceled.
In particular, at this turn of events reciprocal concessions satisfied with any of the parties.If your employer breaks a contract of employment with an employee that he is not satisfied, then the employee can stop work and leave their workplace.The employer in this case is not required to listen to the union.
employment contract can be terminated at any convenient time, even before the expiry of the trial period is over, or fixed-term employment contract of the employee.A significant amount of the allowance paid to the dismissed employee at his own request, ensures that an entry in the labor would be "neutral."In case of cancellation and invalidity of an employment contract may be special concessions and agreements between the parties, they can be expressed in the amount of financial compensation, order, deadlines, etc.
Such dismissal - by mutual consent - in everyday life are called "golden parachute".
How is the dismissal agreement of the parties?What are its characteristics?What is the order of dismissal by agreement of the parties?In accordance with Russian legislation, an agreement (or contract) may be revoked at any time.The Labour Code of the Russian Federation there is an article 77, which gives each employer the right to terminate the contract with the employee at the moment of release, and in temporary disability of the employee.
If the initiative comes from the employee, the employer does not have such privileges.Exceptions are circumstances such as the transformation of the organization, its abolition and termination by the employer of its activities.In these situations, the union does not conduct monitoring of the dismissal of an employee of the organization.On the same conditions, you can terminate and Student Agreement (contract) - the procedure is the same as the process of cancellation of the employment contract.
procedure of dismissal by agreement
cancellation and termination of employment by consent of the parties is also regulated by Article 77 of the Labor Code of the Russian Federation.
However, following the instructions for completing the work book, special attention should be given to the first paragraph of Article 77 of the Labour Code.In order to be a reference to the item.Let us examine more carefully
procedure for cancellation of the labor contract by mutual agreement.
The first stage occurs when one party acts as the initiator of termination of the contract, that is, there is a compilation of the initiating document.
analyze the situation where the employee initiates rupture of the employment contract.The first officer should be sent to the employer offer - an offer which must be approved by either the head or not.The very offer must be framed in a statement.When writing such a document is usually a problem with the wording of the proposals in the text.The most common such error (one of the statements drawn up erroneously): "Please release me 12.08.2009g.from his post by mutual agreement. "
question arises: if the dismissal agreement of the parties, which?The text in the statement implies that there is the presence of some other party, but only because the employer knew that the employee wants to leave the company at his own request, and consent to it does not give.
correctly apply this wording in the statement: "Please terminate the employment contract with me from 12.08.2009g.on the basis of the 1 st part of Article 77 of the TC. "Here's another version of the application: "Please sign the agreement to terminate the employment contract with me with 12.08.2009g., Based on the 1 st paragraph of Article 77 of the TC."In this case, to consider some of the nuances.
order to terminate the contract by agreement, the text of the statement must comply with the above example . If the employee does not want to carry out the dismissal agreement of the parties, but rather wishes to unilaterally terminate, the agreement can not be terminated in the form of cancellation of the employment contract by mutual consent.
In the case where the initiator acts as an employer, it must also send an employee offer, and the motivation for such a decision is not required.
