all grounds for termination of the employment contract clearly regulated by statute, more precisely, the Labour Code of the Russian Federation.Despite a stable regulatory framework, which is a good guide for employees and employers, disputes over improper termination of employment occurs.
So, the general grounds for termination of the employment contract are specified in Article 77 of the above regulation.These include:
- an agreement or a common agreement of the parties;
- termination of the contractual relationship at the request of the employer;
- the termination of the contract;
- termination of the contractual relationship at the request of the employee;
- Transfer, with the consent or at the request of the employee, it to another position or to another place of work;
- the refusal of the employee to continue working due to the reorganization of the company;
- the refusal of the employee to continue contractual relations in connection with the changed material conditions specified in the contract;
- the impossibility of the employee to continue working because of medical conditions or due to other valid reasons.For medical reasons include illness, prevent the fulfillment of labor functions and / or disability.For valid reasons for which the employee is unable to continue its activities, can act retirement, relocation, the caring for a sick relative or family member and others;
- refusal of the employee in connection with the unconditioned transfer to another place of work or service;
- for violations of at the conclusion of the contract or labor law.If an employee is required to terminate the employment relationship prematurely due to gross violations, in accordance with the law to be identified said the fact of the violation, which convened a special commission.
N.B.If there are circumstances that prevent the continuation of the work, as well as in cases of gross violations of labor law or employment contract (contract), it must be dissolved in the period specified in the application.
Along with the Labor Code, the grounds for termination of the employment contract are reflected in the other federal laws.
in narrowly focused legislation (such as the Prosecutor's Office, Police) at the end of the contract or contracts used slightly different, specialized terms "liberation from work", "Exemption from certain positions", "resignation."Such terms are due to the specifics of relationships with certain categories of employees.
Also, along with the above concepts in the Russian legislation contains an article that provides for another type of termination of the working relationship between the employee and the employer - the cancellation of the employment contract.This concept applies if the employee does not come to work on a fixed date, such a contract is equivalent to not concluded the contract.
All of the above grounds for termination of the employment contract can be divided into two groups:
- actions of the parties, due to their will (for example, the employee or the employer, as well as the decision of the third body (a court decision on recovery of personnel in the former workplace);
- grounds relating to the occurrence of certain events (recognition insane, death of an employee, the termination of seasonal work).
Classification of the grounds for termination of the employment contract.
Depending on the reasons for going on the end of the employment relationship, they can be divided into:
- termination (Art. 79, 83, 208, etc.);
- termination (Art. 78,80,81,280, 296, etc.);
- release from work (Art. 83);
-dismissal.
also often found different classification grounds.
depending on subject composition, can be divided into:
- common ground that can be applied to all workers without exception;
- additional grounds apply to certain categories of employees and having effect only for her.
