Indicate the cases in which the employment contract is terminated. When the employment contract ends. Dismissals for other reasons

The employment contract is terminated:
-at the worker’s own request
-at the initiative of the employer
-may be due to failure to fulfill one’s duties at work
- absenteeism without good reason
-committing theft
...............
well, in other cases, this is the main thing
-

If you don’t swear, I found it on the Internet Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (parts three and four of Article 73 of this Code);

9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

Answer

Other questions from the category

Make a plan) highlight the main semantic parts “Freedom is undoubtedly one of the goods most valued by man. For centuries

humanity has made the greatest sacrifices in order to win or defend freedom. In youth, an instinctive craving for freedom manifests itself. Crimes are punishable by imprisonment. The word “freedom” can mean very different things. In fact, “to be free” means to have freedom of choice. But one cannot remain without choice, and from the moment the choice is made, a person loses part of his freedom. Freedom is fleeting and elusive. If freedom is the primary condition of human dignity, it is nothing without education, not that education that is imposed from the outside and binds, but that which is acquired on the basis of experience, reflection or consciousness. The realization of freedom is quite difficult: it is necessary to make choices, and different choices give different results. Essentially, human nature is such that some options are harmful to him, while others are indifferent or beneficial. ... some elections are catastrophic, as everyone sooner or later discovers from their own experience. Teaching freedom is thus even more important than freedom itself. Very often they believe in the neutrality or indifference of choice - there is nothing more dangerous. One way of living life allows each of us to avoid a lot of troubles, but there are also those that lead us to dullness, enslavement or self-destruction. A person is the more free the more fully the choice he makes corresponds to his nature.” C6 The text expresses the proposition: “A person is the more free, the more fully the choice he makes corresponds to his nature.” Formulate your attitude to the given point of view. Based on the text and social science knowledge, give two arguments (explanations) in defense of your position.

Employment contract (relationships) regarding termination of the employment contract

Termination of an employment contract is the termination, interruption, expiration of the employment contract and dismissal of the employee.

The grounds for termination of an employment contract are provided for by labor legislation. We will talk about these reasons in this article.

The procedure for terminating an employment contract is regulated by Chapter 13 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

The general grounds for termination of an employment contract are given in Article 77 of the Labor Code of the Russian Federation.

According to this article, the grounds for termination of an employment contract are:

1) agreement of the parties.

In accordance with Article 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time by agreement of the parties.

In most cases, the initiator of termination of the contract on this basis is the employer. The agreement of the parties is formalized by drawing up a separate document - an agreement on termination of the employment contract. The agreement must reflect the date (that is, the last day of work) and the basis for termination of the contract (agreement of the parties). The agreement may provide for the payment of severance pay, as well as other guarantees for the employee and employer.

The peculiarity of termination of an employment contract by agreement of the parties is that its cancellation is possible only with the mutual consent of the employer and employee. In other words, once the dismissal agreement is signed, neither party can revoke it unilaterally.

The Determination of the Supreme Court of the Russian Federation dated December 6, 2013 No. 5-KG13-125 states that reaching an agreement to terminate an employment contract on the basis of a voluntary agreement of its parties allows for the possibility of annulment of such an agreement solely through the agreed expression of will of the employee and the employer, which excludes the commission by both the employee , and by the employer of arbitrary unilateral actions aimed at abandoning a previously reached agreement. Such legal regulation is aimed at ensuring a balance of interests of the parties to the employment contract and cannot be considered as violating the rights of the employee or employer.

2) Expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination.

According to Article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. The employer is obliged to notify the employee of the termination of the employment contract due to its expiration in writing at least 3 calendar days before dismissal, with the exception of cases where the term of the fixed-term employment contract concluded during the performance of the duties of the absent employee expires.

Otherwise, by virtue of Article 58 of the Labor Code of the Russian Federation, if neither party has demanded termination of a fixed-term employment contract due to its expiration, and the employee continues to work after the expiration of the employment contract, the employment contract is considered concluded for an indefinite period.

If the employer did not warn the employee about dismissal, then he cannot dismiss this employee due to the expiration of the employment contract without his consent. In this case, you can dismiss an employee only on the general grounds provided for by the labor legislation of the Russian Federation.

Article 79 of the Labor Code of the Russian Federation specifies cases of termination of labor relations when concluding the following fixed-term employment contracts:

– an employment contract concluded for the duration of certain work is terminated upon completion of this work;

– an employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work;

– an employment contract concluded to perform seasonal work during a certain period (season) terminates at the end of this period (season).

A fixed-term employment contract may be terminated before its expiration on the grounds established by Article 77 of the Labor Code of the Russian Federation.

Note that if an employer periodically enters into fixed-term contracts with an employee to perform the same work, and the employee tries to challenge the validity of such employment, then the employer will have to prove that concluding an employment contract with the employee for an indefinite period is impossible, otherwise the court may recognize them as a single labor contract. a contract concluded for an indefinite period. Such clarifications are contained in paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2).

3) Termination of an employment contract at the initiative of the employee.

The general procedure and conditions for terminating an employment contract on the initiative of an employee (at his own request) are established by Article 80 of the Labor Code of the Russian Federation.

According to this article, an employee, at his own request, can at any time, on his own initiative, terminate any employment contract he has concluded.

In this case, the employee is obliged to notify the employer of his dismissal in writing no later than two weeks in advance, unless a different period is established by the Labor Code of the Russian Federation or other federal law. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In some cases, the employer is obliged to dismiss the employee on the day that he indicates in the application, due to a number of valid reasons. This may be caused by the employee’s inability to continue working (for example, when the employee enrolls in an educational organization, retires, and in other cases). The same should be done in cases of established violation by the employer of labor legislation and other legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. Please note that such cases may include, for example, delays in wages and refusal to provide leave. According to paragraph 22 of Resolution No. 2, these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court.

4) Termination of an employment contract at the initiative of the employer.

The main list of grounds on which an employment contract can be terminated at the initiative of the employer is given in Article 81 of the Labor Code of the Russian Federation. According to this article, an employment contract can be terminated by the employer, in particular, in the following cases:

– liquidation of an organization or termination of activities by an individual entrepreneur;

– reduction of the number or staff of employees of an organization, individual entrepreneur;

– inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results;

– change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

– repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

– a single gross violation of labor duties by an employee (for example, absenteeism, showing up at work in a state of alcohol, drug or other toxic intoxication, committing theft at the place of work, etc.);

– committing guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

– the commission by an employee performing educational functions of an immoral offense that is incompatible with the continuation of this work.

The employer also has the right to terminate the employment contract with the employee during the probationary period in the event of an unsatisfactory test result, as follows from Article 71 of the Labor Code of the Russian Federation. Let us recall that when concluding an employment contract, by agreement of the parties, it may contain a condition for a probationary period (Article 70 of the Labor Code of the Russian Federation).

The employer must notify the employee of the upcoming dismissal in writing against signature. Moreover, if we are talking, for example, about the dismissal of an employee due to the liquidation of an organization, a reduction in the number or staff of employees, then the employer, in accordance with Article 180 of the Labor Code of the Russian Federation, is obliged to warn the employees personally and against signature at least two months before the dismissal. If we are talking about terminating an employment contract with an employee, for example, due to an unsatisfactory test result, then the employer is obliged to notify the employee of dismissal in writing no later than 3 days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. (Article 71 of the Labor Code of the Russian Federation).

Please note that when terminating an employment contract with an employee at the initiative of the employer, the employee is provided with some guarantees and compensation.

Thus, according to Article 81 of the Labor Code of the Russian Federation, the dismissal of an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) is not allowed during the period of his temporary disability and while on vacation.

Termination of an employment contract with employees under the age of 18 at the initiative of the employer (except for the case of liquidation of the organization or termination of activities by an individual entrepreneur), in addition to compliance with the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights (Article 269 of the Labor Code RF).

Moreover, Article 261 of the Labor Code of the Russian Federation stipulates that termination of an employment contract with a pregnant woman at the initiative of an employer is not allowed, except in cases of liquidation of an organization or termination of activities by an individual entrepreneur. It is also not allowed to terminate an employment contract at the initiative of the employer (except for dismissal on the grounds provided for in paragraphs 1, 5 – 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation) with:

– a woman with a child under 3 years of age;

– a single mother raising a disabled child under the age of 18 or a young child – a child under the age of 14;

– another person raising a disabled child under the age of 18 or a young child - a child under the age of 14 without a mother;

– a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under 18 years of age or the sole breadwinner of a child under 3 years of age in a family raising 3 or more young children, if the other parent (other legal representative of the child) is not a member in labor relations.

5) Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position).

The transfer of an employee from one employer to another can be carried out on the initiative of:

– the employee himself (if both employers agree to the transfer);

– at the initiative of the employer with whom the employee is currently in an employment relationship (such a transfer is possible with the written consent of the employee and the future employer);

– at the initiative of the employer to whom the employee must be transferred (this transfer is possible with the written consent of the employee and the consent of the employer with whom the employee is currently in an employment relationship).

Note!

According to Article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work. In other words, within a month, the new employer cannot refuse to conclude an employment contract with an employee invited to work in writing.

In addition, an employee invited to work by way of transfer from another employer by agreement between employers cannot be subject to a hiring test, as indicated by Part 4 of Article 70 of the Labor Code of the Russian Federation.

It should be noted that without the written consent of the employee to transfer to another employer, dismissal on the grounds provided for in paragraph 5 of Article 77 of the Labor Code of the Russian Federation is prohibited. In this case, dismissal is carried out on other grounds determined by Article 77 of the Labor Code of the Russian Federation.

Moreover, if the employer does not agree to dismiss the employee by way of transfer to a new place of work, then the employment contract also cannot be terminated under paragraph 5 of Article 77 of the Labor Code of the Russian Federation. In this case, the employee has the right to submit a resignation letter of his own free will.

When terminating an employment contract in connection with the employee’s transfer to an elective job (position), the employer must adhere to the general procedure for terminating an employment contract.

Let us note that in accordance with Part 1 of Article 375 of the Labor Code of the Russian Federation, an employee released from work in an organization or an individual entrepreneur in connection with his election to an elective position in the elected body of the primary trade union organization is given his previous job (position) after the end of his term of office. If such work is not available, then, with the written consent of the employee, he must be provided with another equivalent job (position) with the same employer. If it is impossible to provide the specified work (position) due to the liquidation of the organization or the termination of activities by an individual entrepreneur or the absence of the corresponding work (position) in the organization, the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not over 6 months, and in case of education – for up to 1 year.

If an employee refuses the proposed corresponding job (position), his average earnings for the period of employment are not retained, unless otherwise established by a decision of the all-Russian (interregional) trade union.

6) An employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, or a change in the type of state or municipal institution.

Labor relations when changing the owner of an organization's property, changing the jurisdiction of an organization, its reorganization, changing the type of state or municipal institution are regulated by Article 75 of the Labor Code of the Russian Federation.

According to this article, when there is a change in the owner of the organization’s property, the new owner, no later than three months from the date his ownership rights arise, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.

At the same time, the head of the organization, his deputy and the chief accountant have the right, on their own initiative, to appeal to the new owner of the property with a request to terminate the employment contract. In this case, employment contracts with these categories of employees are subject to termination on the grounds provided for in paragraph 6 of part 1 of Article 77 of the Labor Code of the Russian Federation. Let us note that the same right can be exercised by any employee of the organization, and not just the head of the organization, his deputy and the chief accountant.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, separation, transformation) or a change in the type of state or municipal institution cannot be grounds for terminating employment contracts with employees of the organization or institution. If the employee refuses to continue working in these cases, the employment contract may be terminated in accordance with paragraph 6 of Article 77 of the Labor Code of the Russian Federation.

7) The employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties.

The procedure for terminating an employment contract in connection with the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties is established by Article 74 of the Labor Code of the Russian Federation.

According to this article, it is allowed to change the terms of an employment contract at the initiative of the employer in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be maintained. , with the exception of changes in the employee’s labor function.

Since the employer cannot at will make changes to employment contracts, he is obliged to prove the impossibility of maintaining the previous terms of the contract.

According to paragraph 21 of Resolution No. 2, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production, and this did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement. If such evidence is absent, then the termination of the employment contract due to a change in the terms of the employment contract determined by the parties cannot be recognized as legal.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to him (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer the employee vacancies in other locations if this is provided for by the collective agreement, agreements, or employment contract.

If the employer does not have the specified work or the employee refuses the work offered to him, the employment contract is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation.

In the event that the reasons specified in part 1 of Article 74 of the Labor Code of the Russian Federation may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of the Labor Code of the Russian Federation, for adoption of local regulations, introduce a part-time working day (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, the employment contract is terminated in accordance with paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, that is, according to the rules for reducing the number or staff of the organization’s employees. In this case, the employee is provided with appropriate guarantees and compensation.

Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes to the terms of the employment contract determined by the parties, introduced in accordance with Article 74 of the Labor Code of the Russian Federation, should not worsen the employee’s position in comparison with the established collective agreement or agreements.

8) The employee’s refusal to transfer to another job required in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work.

The procedure for transferring an employee who, in accordance with a medical report, needs to be provided with another job, is established by Article 73 of the Labor Code of the Russian Federation.

An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee due to health reasons.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to 4 months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than 4 months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

Upon termination of an employment contract due to the employee’s refusal to transfer to another job required by him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work, he is paid severance pay in the amount two-week average earnings (Article 178 of the Labor Code of the Russian Federation).

Moreover, according to Article 182 of the Labor Code of the Russian Federation, in the event of a transfer of an employee who, in accordance with a medical report, needs to be provided with another job, to another permanent lower-paid job with a given employer, he retains his previous average earnings for one month from the date of transfer.

If an employee is transferred to a lower-paid job due to a work injury, occupational disease or other work-related health damage, then his previous average earnings are retained until a permanent loss of professional ability is established or until the employee recovers.

If the employer does not have the opportunity to transfer the employee to another job, he must document that at the time of the transfer he did not have any vacancies that would be suitable for the sick employee for medical reasons or that he would be able to perform. If such vacancies existed at the time of dismissal, and the employer did not offer the employee to switch to such a job, then such dismissal may be considered illegal.

9) The employee’s refusal to be transferred to work in another location together with the employer.

According to Article 72.1 of the Labor Code of the Russian Federation, transfer of an employee to another job is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area together with the employer.

Note!

Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation.

The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties.

It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Since the transfer of an employee to work in another locality represents a change in the terms of the employment contract determined by the parties, then if the employee refuses to be transferred to work in another locality together with the employer, the employment contract with him is terminated in accordance with clause 9 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Refusal to transfer to a branch or representative office located in another locality cannot be grounds for termination of an employment contract with an employee if the employer himself does not move to this other locality.

Let us note that when an employee is transferred to work in another location, the employer is obliged to pay him the appropriate monetary compensation - expenses for moving the employee, his family members and luggage transportation (except for cases where the employer provides the employee with appropriate means of transportation), as well as expenses for arranging for new place of residence. Such requirements are established by Article 169 of the Labor Code of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another area for employees who have entered into an employment contract to work in federal government agencies, employees of state extra-budgetary funds of the Russian Federation, federal government agencies are determined by regulatory legal acts of the Government of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another area for employees who have entered into an employment contract to work in government bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local governments, employees of municipal institutions are determined accordingly by the regulatory legal acts of the bodies state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

The procedure and amount of reimbursement of expenses when moving to work in another area for employees of other employers are determined by a collective agreement or local regulatory act or by agreement of the parties to the employment contract, unless otherwise established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

According to Article 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the employee’s refusal to be transferred to work in another location together with the employer, he is paid severance pay in the amount of two weeks’ average earnings.

An employment contract or collective agreement may establish increased amounts of severance pay, with the exception of cases provided for in Article 349.3 of the Labor Code of the Russian Federation.

10) Circumstances beyond the control of the parties.

Article 83 of the Labor Code of the Russian Federation establishes the procedure for terminating an employment contract due to circumstances beyond the control of the parties. According to this article, the employment contract is subject to termination due to the following circumstances beyond the control of the parties:

– conscription of an employee into military service or sending him to an alternative civilian service that replaces it (clause 1);

– reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court (clause 2);

– failure to be elected to a position (clause 3);

– sentencing the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that has entered into legal force (clause 4);

– recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5);

– death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing (clause 6);

– the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or the state authority of the relevant constituent entity of the Russian Federation (clause 7);

– disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract (clause 8);

– expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract (clause 9);

– termination of access to state secrets if the work performed requires such access (clause 10);

– reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work (clause 11);

– the emergence of restrictions on engaging in certain types of labor activity established by the Labor Code of the Russian Federation, other federal law and excluding the possibility of an employee fulfilling obligations under an employment contract (clause 13).

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part 1 of Article 83 of the Labor Code of the Russian Federation is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or a job that corresponds to the employee’s qualifications , as well as a vacant lower-level position or lower-paid work), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

11) Violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work.

The procedure for terminating an employment contract in connection with a violation of the rules for its conclusion, if this violation excludes the possibility of continuing work, is determined by Article 84 of the Labor Code of the Russian Federation.

An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if violation of these rules excludes the possibility of continuing work, in the following cases:

– if the employment contract was concluded in violation of a court verdict that has entered into legal force depriving the employee of the right to occupy certain positions (engage in certain activities);

– if the concluded employment contract contained a condition on performing work that is contraindicated for the employee for health reasons according to a medical report;

– if, when concluding an employment contract, the corresponding document on education and (or) qualifications was not presented, if the performance of the work requires special knowledge in accordance with federal law or other regulatory legal acts;

– if the employment contract was concluded in violation of a ruling of a judge (body, official) authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

– if the employment contract was concluded in violation of the restrictions, prohibitions and requirements established by federal laws regarding the involvement in work of citizens dismissed from state or municipal service;

– if the employment contract was concluded in violation of the restrictions established by the Labor Code of the Russian Federation or other federal law on engaging in certain types of labor activity;

– in other cases provided for by federal laws.

In these cases, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or work corresponding to the employee’s qualifications, or a vacant lower position or lower paid job), which the employee can perform taking into account his condition health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

In addition to the general grounds, an employment contract can be terminated on other, additional grounds that are provided for by the Labor Code of the Russian Federation (for example, Articles 278, 288, 307, 312, 336 of the Labor Code of the Russian Federation) and other federal laws (for example, Article 37 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation").

For any of the above reasons, the employment contract is subject to termination, and the employee is subject to dismissal from work.

Termination of an employment contract is formalized by an order (instruction) on the termination (termination) of the employment contract with the employee (dismissal).

Let us recall that from January 1, 2013, organizations (with the exception of public sector organizations) have the right to use both forms of primary accounting documents developed by them independently, taking into account the requirements of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”, and unified forms. When using unified documents, organizations should use the order form approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment.”

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature.

In the event that the specified order (instruction) cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under signature, a corresponding entry is made on the order (instruction) (Article 84.1 of the Labor Code of the Russian Federation).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of the Labor Code of the Russian Federation.

Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Please note that the employer, as the policyholder, must issue the employee - the insured person on the day of termination of the employment contract:

– a certificate of the amount of earnings for the two calendar years preceding the year of termination of work, which follows from subparagraph 3 of paragraph 2 of Article 4.1 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” ;

– information on accrued and paid insurance contributions of compulsory pension insurance and receive written confirmation from the insured person of the transfer of this information to him (paragraph 3 of paragraph 4 of Article 11 of the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory system pension insurance").

"Simplified taxation system: accounting and taxation", 2008, N 12

Any employer is faced with the need to terminate an employment contract. Personnel can change; moreover, due to the specifics of small business, this process is often continuous. In this regard, hiring and firing employees should be procedures that do not present any difficulties for employers. Since the issues of applying for a job, as well as changes in the terms of the employment contract, were discussed earlier<1>, we propose to study the legal regulation of termination of an employment contract.

In the Labor Code, Chapter is devoted to the legal regulation of the general rules for termination of an employment contract. 13. The main requirement for dismissal is that it must be legal. Dismissal is considered legal if it has grounds specified in the law or established in the manner prescribed by law. So, in addition to those mentioned in Chap. 13 of the Labor Code of the Russian Federation, for certain categories of employees additional grounds may be provided, specified in other chapters of the Labor Code of the Russian Federation, other federal laws, or the employment contract itself may stipulate additional grounds for its termination.

Based on the analysis of arbitration practice, we can highlight the following points that the court pays attention to when considering the issue of dismissal:

on whose initiative the employment contract was terminated;
whether the grounds and reasons for dismissal recorded in the work book and order correspond to the actual reasons for dismissal;
whether the rules for dismissal on this basis have been observed.

Now we need to understand the terminology. Labor legislation mainly uses three terms: termination of an employment contract, termination of an employment contract, dismissal. All of them mean the termination of employment relations, but there are some differences. Termination of an employment contract is the broadest term that covers all grounds for termination of an employment contract. Termination of an employment contract includes termination of labor relations in the following cases:

at the initiative of one of the parties;
due to the will of both parties;
termination of a fixed-term employment contract.

The concept of “dismissal” applies exclusively to the employee.

In addition, the Labor Code of the Russian Federation sometimes uses the term “cancellation of an employment contract” - recognition of an employment contract as non-existent due to the fact that the employee refused to perform labor duties in the manner and under the conditions provided for in Art. 61 Labor Code of the Russian Federation. In accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation, the conditions for canceling an employment contract are:

the expiration of the period established by law (one week), during which the employee must begin to perform his job duties;
absence of valid reasons for the employee’s absence from work.

Cancellation cannot be classified as a type of termination of an employment contract, since labor relations do not arise in this case. Cancellation is carried out by canceling the employment order. If there are valid reasons for which the employee has not started work, it is recommended to conclude an additional agreement, which should indicate the start date of work (change of the employment contract by agreement of the parties). The situation when an entry for employment is made in the work book, but the employment contract is canceled, is not regulated by law. In general, the employer is required to maintain work books for employees who have worked for five days, so it is recommended not to create one earlier.

General grounds for termination of an employment contract

The general grounds for termination of an employment contract are provided for in Art. 77 Labor Code of the Russian Federation:

agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;
termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
termination of an employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);
transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (Part 4 of Article 74 of the Labor Code of the Russian Federation);
the employee’s refusal to transfer to another job necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts 3 and 4 of Article 73 of the Labor Code of the Russian Federation);
the employee’s refusal to be transferred to work in another area together with the employer (Part 1 of Article 72.1 of the Labor Code of the Russian Federation);
circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties

This basis is provided for in clause 1, part 1, art. 77, art. 78 Labor Code of the Russian Federation. An employment contract can be terminated by agreement of the parties at any time. This requires the expression of the will of both parties, but the possibility of using the initiative of both one and the other cannot be ruled out. The employee’s initiative can be expressed in the form of an application with a mandatory indication of the desire to resign under clause 1, part 1, art. 77 Labor Code of the Russian Federation. If the employer agrees to dismiss the employee, it is necessary to draw up a written additional agreement with reference to clause 1, part 1, art. 77 of the Labor Code of the Russian Federation, where the name of the employer, last name, first name and patronymic of the employee, the intention of the parties to terminate the employment relationship, the date of their termination, as well as the conditions and amount of additional compensation, if the parties have agreed on this, must be indicated.

Termination of a fixed-term employment contract

Termination of a fixed-term employment contract is regulated by Art. 79, paragraph 2, part 1, art. 77 Labor Code of the Russian Federation.

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be warned about this in writing at least three calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of the performance:

certain work, terminates upon its completion;
the duties of an absent employee cease when he returns to work;
seasonal work during a certain period (season), terminates at the end of this period (season).

It is important to note that a fixed-term employment contract does not automatically terminate upon expiration of its term. To terminate an employment contract in this case, someone’s initiative is necessary, since if the contract is not terminated on time, it will be transformed into a contract with an unlimited period.

If an employee working under a fixed-term employment contract is transferred to another job without specifying the transfer period and the parties have not stipulated that the fixed-term employment contract continues to be valid, then the fixed-term employment contract becomes an agreement with an indefinite duration. Thus, after the expiration of the initial employment contract, neither party can demand termination of the employment contract on this basis.

Termination of an employment contract at the initiative of the employee (at his own request)

This basis is provided for in clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, is regulated in detail by Art. 80 Labor Code of the Russian Federation. This is the most common basis for terminating an employment contract.

An employee has the right to terminate an employment contract by notifying the employer in writing (by writing an application to terminate the employment contract at his own request) no later than two weeks, unless a different period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. A longer period is established for the heads of the organization: according to Art. 280 of the Labor Code of the Russian Federation, the head of an organization has the right to terminate an employment contract early by notifying the employer (the owner of the organization’s property, his representative) in writing no later than one month in advance.

In all cases, the application must indicate two dates: the date of its submission and the expected date of dismissal.

The employee is not required to indicate the reason for dismissal, however, the validity of the reason may affect the calculation of length of service (for example, in the case of dismissal to care for a sick family member, work experience is accrued for another three months after dismissal), as well as the payment procedure and amount of unemployment benefits. In this case, a valid reason must be reflected in the application, in the order, and in the work record book and must be confirmed by relevant documents (for example, a certificate from a medical institution, duly executed).

The application can be submitted at any time - both during work and during vacation, sick leave, etc.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited to fill the vacant position in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues. If, after missing the two-week period, the employer terminates the employment, such dismissal will be unlawful.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. If an employee retains material assets, this does not have any bearing on dismissal. The employer in this situation cannot delay the dismissal or interfere with it in any way. In order to protect its interests, the employer may contact the relevant authorities to initiate criminal proceedings against the employee.

Termination of an employment contract at the initiative of the employer

The possibility of terminating an employment contract at the initiative of the employer is provided for in clause 4, part 1, art. 77 Labor Code of the Russian Federation. Cases when this right of the employer can be exercised, as well as the procedure for dismissal, are discussed in Art. 81 Labor Code of the Russian Federation.

An employment contract can be terminated by the employer in the following cases:

upon liquidation of an organization or termination of activities by an individual entrepreneur. The basis for dismissal is the decision to liquidate an organization or terminate the activities of an individual entrepreneur, made by the authorized body. Employees must be warned about the upcoming dismissal and dismissed before the liquidation commission begins its work. From the moment the liquidation commission begins its work, the organization is considered to have ceased its activities. The employer is obliged to warn employees about the upcoming dismissal personally against signature at least two months before the dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation). Exceptions are established for employees working under a fixed-term employment contract (warned three calendar days in advance) and for seasonal workers (warned seven calendar days in advance). The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the specified periods, paying him additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (as a general rule, this will be two months’ salary). The dismissed employee is paid severance pay.

On this basis, it is possible to dismiss workers on vacation, workers during their period of incapacity, pregnant women, and people with family responsibilities. Persons with family responsibilities according to the International Labor Organization Convention 1981 "On Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities" include women with a child of school age, women caring for a disabled child, other family members requiring care are married women. States that have acceded to this Convention are obliged to create easier conditions for these categories of workers for a favorable combination of work and family responsibilities. Russian labor legislation extends this type of guarantees and benefits to fathers raising children without a mother, as well as guardians of minors, including them in the category of persons with family responsibilities.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization;

when reducing the number or staff of an organization or individual entrepreneur. A reduction in numbers or staff is usually understood as the abolition in the prescribed manner of units according to the staffing table or a reduction in the number of employees.

Reasons for this reduction:

reducing the amount of work;
carrying out technical, technological, organizational measures entailing such a reduction;
changing the directions of activity, goals of a legal entity;
improvement of labor methods and techniques, etc.

The right to staff belongs to the employer, and he himself makes decisions about the number and staff of employees. The new staffing table is approved at the time employees are notified of dismissal, and is put into effect at the time of dismissal. Employees are notified two months before the upcoming dismissal.

In accordance with Art. 179 of the Labor Code of the Russian Federation, when the number or staff of employees is reduced, employees with higher labor productivity and qualifications have a priority right to remain at work. If labor productivity and qualifications are equal, preference is given to:

for family persons - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood);
persons in whose family there are no other independent workers;
employees who received a work injury or occupational disease while working for this employer;
disabled combatants in defense of the fatherland;
employees who improve their qualifications in the direction of the employer without interruption from work.

In addition, current legislation provides for other categories of workers who have a preferential right to remain at work.

The collective agreement may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications;

if the employee is not suitable for the position held or the work performed due to insufficient qualifications confirmed by certification results. In this case, insufficient qualifications must be confirmed by certification results. Dismissal on the grounds provided for in paragraphs 2 or 3 of Part 1 of Art. 81 of the Labor Code of the Russian Federation (reduction in number or staff and the employee’s incompatibility with the position held or work performed), is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid work) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract;
when the owner of the organization’s property changes (in relation to the head of the organization, his deputies and the chief accountant). According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when there is a change in the owner of the organization’s property (this refers to cases of change in the form of ownership of the organization’s property), the new owner, no later than three months from the date on which his ownership rights arise, has the right to terminate the employment contract with the head of the organization, his deputy and the chief accountant. A change in the owner of the organization’s property is not grounds for terminating employment contracts with other employees of the organization;
in case of repeated failure by an employee to fulfill his labor duties without good reason, if he has a disciplinary sanction;
in case of a single gross violation of labor duties by an employee:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, or absence from the workplace without good reason for more than four hours in a row during the working day (shift);

b) the employee appears at work (at his workplace or on the territory of the employing organization or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, drug or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

d) theft (including small) of someone else’s property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) violation of labor safety requirements by an employee established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (work accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

when committing guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer. Termination of an employment contract with an employee in this case is possible only in relation to employees directly servicing monetary or commodity assets (reception, storage, transportation, distribution, etc.), and provided that they have committed such guilty actions that gave the employer grounds to lose confidence in them. If it is established in the manner prescribed by law that theft, bribery and other mercenary offenses have been committed, these employees may be dismissed on the basis of loss of confidence in them and in the case when these actions are not related to their work;
when an employee performing educational functions commits an immoral act that is incompatible with the continuation of this work. In accordance with the position of the Supreme Court, expressed in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2, on this basis it is allowed to dismiss only those workers who are engaged in educational activities, for example, teachers, teachers of educational institutions, vocational training masters, teachers of children's institutions, and regardless of where the immoral act was committed: at work or at home. Dismissal of an employee on the grounds provided for in paragraphs 7 or 8 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral act were committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his job duties, are not allowed later than one year from the date detection of misconduct by the employer;
when an unfounded decision is made by the head of the organization (branch, representative office), his deputies and the chief accountant, which entails a violation of the safety of property, its unlawful use or other damage to the property of the organization. Termination of an employment contract on this basis is permissible only in relation to the heads of the organization (branch, representative office), his deputies and the chief accountant, and provided that they made an unfounded decision that resulted in a violation of the safety of property, its unlawful use or other damage to the property of the organization . When deciding whether the decision taken was unreasonable, it is necessary to take into account whether the named adverse consequences occurred precisely as a result of this decision and whether they could have been avoided if a different decision had been made. Moreover, if the employer does not present evidence in court confirming the occurrence of these adverse consequences, dismissal on this basis cannot be recognized as legal;
in case of a single gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties. The employer has the right to terminate the employment contract with the head of the organization (branch, representative office) or his deputies if they committed a one-time gross violation of their labor duties. The question of whether the violation committed was gross is decided taking into account the specific circumstances. In this case, the responsibility to prove that such a violation actually took place and was of a gross nature lies with the employer.

As a gross violation of labor duties by the head of the organization (branch, representative office), his deputies should, in particular, be regarded as failure to fulfill the duties assigned to these persons by the employment contract, which could result in harm to the health of employees or property damage to the organization.

Based on the content of clause 10, part 1, art. 81 of the Labor Code of the Russian Federation, heads of other structural divisions of the organization and their deputies, as well as the chief accountant of the organization cannot be dismissed on this basis. However, an employment contract with such employees can be terminated for a one-time gross violation of their labor duties under clause 6 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, if the acts committed by them fall under the list of gross violations specified in paragraphs. "a" - "d" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, or in other cases if this is provided for by federal laws;

when an employee submits false documents to the employer when concluding an employment contract;
in cases stipulated by the employment contract with the head of the organization, members of the collegial executive body of the organization;
in other cases established by the Labor Code of the Russian Federation and other federal laws.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of temporary incapacity for work of the employee and while he is on vacation.

Termination of an employment contract due to circumstances beyond the control of the parties

Termination of an employment contract due to circumstances beyond the control of the parties is regulated by Art. 83 Labor Code of the Russian Federation. The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

conscription of an employee into military service or sending him to an alternative civilian service that replaces it;
reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court;
failure to be elected to office;
sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;
recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;
death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
the occurrence of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized as such by a decision of the Government of the Russian Federation or a government body of a constituent entity of the Russian Federation;
disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;
expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;
termination of access to state secrets if the work performed requires such access;
reversal of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;
bringing the total number of employees who are foreign citizens or stateless persons in accordance with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9 or 10 of Part 1 of Art. 83 of the Labor Code of the Russian Federation, is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health . At the same time, the employer is also obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

An employment contract on the basis provided for in clause 12, part 1, art. 83 of the Labor Code of the Russian Federation, terminates no later than the end of the period established by the Government of the Russian Federation for bringing employers carrying out certain types of economic activities in the territory of the Russian Federation, the total number of employees who are foreign citizens or stateless persons, in accordance with the permissible share of such employees.

Termination of an employment contract due to violation of the rules for concluding an employment contract

This basis for termination of an employment contract is discussed in Art. 84 Labor Code of the Russian Federation. An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if violation of these rules excludes the possibility of continuing work, in the following cases:

conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;
concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;
lack of an appropriate education document if the work requires special knowledge in accordance with federal law or other legal acts;
conclusion of an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;
in other cases provided for by federal laws.

In these cases, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or work corresponding to the employee’s qualifications, or a vacant lower position or lower paid job), which the employee can perform taking into account his condition. health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law is not due to the fault of the employee, the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer

As practice shows, “simplified workers,” unfortunately, cannot boast of having trade unions at their enterprises. But if there are any, when making a decision to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to inform the elected body of the primary trade union organization about this in writing no later than two months before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities. The criteria for mass layoffs are determined in industry and (or) territorial agreements.

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 373 Labor Code of the Russian Federation.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, a representative of the elected body of the corresponding primary trade union organization must be included in the certification commission.

A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

General procedure for registering termination of an employment contract

The legal regulation of the general procedure for termination of an employment contract is devoted to Art. 84.1 Labor Code of the Russian Federation. Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). If the order (instruction) on termination of the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract is the last day of work of the employee, with the exception of cases when the employee did not actually work, but by virtue of the Labor Code of the Russian Federation or other federal laws, his place of work (position) was retained.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Art. 140 Labor Code of the Russian Federation. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment when an employee is dismissed on the basis provided for in paragraphs. "a" clause 6, part 1, art. 81 or clause 4, part 1, art. 83 of the Labor Code of the Russian Federation, and upon the dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with Part 2 of Art. 261 Labor Code of the Russian Federation. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Making an entry about the termination of the employment contract in the work book

Entries about the reasons for termination of the employment contract are made in the work book on the basis of an order in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and are made on the last working day.

An entry about dismissal (termination of an employment contract) in an employee’s work book is made in the following order:

Column 1 contains the serial number of the entry;
Column 2 indicates the date of dismissal (termination of the employment contract);
in column 3 an entry is made about the reason for dismissal (termination of the employment contract);
Column 4 indicates the name of the document on the basis of which the entry was made (order (instruction) or other decision of the employer), its date and number.

The date of dismissal (termination of an employment contract) is considered the last day of work, unless otherwise provided by federal law, an employment contract or an agreement between the employer and employee.

Let's look at the most common situations of termination of an employment contract and show what entries need to be made in the work book.

Example 1. The employment contract is terminated at the initiative of the employee, or he resigns at his own request (clause 3, part 1, article 77, article 80 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translation to another constant work, qualifications, dismissal (indicating reasons and reference to article, point of law)	Name, date and number document on basis whom introduced record
number	month	year
1	2	3	4
...	...	...	...	...	...
7	24	11	2008	Employment contract terminated by initiative of the employee According to clause 3 of part 1 Article 77 of the Labor Code Russian Code Federation Head of HR Department <2> Ivanov A.B. Signature M.P.	Order from 24.11.2008 N 29

<2>If there is no personnel department, the signature of the responsible person appointed by order of the director is affixed.

Example 2. The employment contract is terminated by agreement of the parties (clause 1, part 1, article 77, article 78 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translation to another constant work, qualifications, dismissal (indicating reasons and reference to article, point of law)	Name, date and number document on basis whom introduced record
number	month	year
1	2	3	4
...	...	...	...	...	...
12	15	10	2008	Employment contract terminated by agreement of the parties in According to clause 1 of part 1 Article 77 of the Labor Code Russian Code Federation Director of Lira LLC Petrov L.M. Signature M.P.	Order from 10/15/2008 N 65

Example 3. An employment contract is terminated at the initiative of the employer upon liquidation of the organization or termination of activities by an individual entrepreneur (clause 4, part 1, article 77, article 81 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translation to another constant work, qualifications, dismissal (indicating reasons and reference to article, point of law)	Name, date and number document on basis whom introduced record
number	month	year
1	2	3	4
...	...	...	...	...	...
2	20	10	2008	Employment contract terminated due to liquidation of Azot LLC, paragraph 1 of part 1 Article 81 of the Labor Code Russian Code Federation Head of HR Department Sidorova L.A. Signature M.P.	Order from 20.10.2008 N 46

Example 4. The employee was dismissed at the initiative of the employer for absenteeism (clause 4, part 1, article 77, article 81 of the Labor Code of the Russian Federation).

N records	date	Information about admission to work, translation to another constant work, qualifications, dismissal (indicating reasons and reference to article, point of law)	Name, date and number document on basis whom introduced record
number	month	year
1	2	3	4
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2	20	10	2008	Employment contract terminated by initiative of the employer for absenteeism, subparagraph "a" paragraph 6 of part 1 Article 81 of the Labor Code Russian Code Federation Head of HR Department Vasilyeva L.A. Signature M.P.	Order from 20.10.2008 N 48

I.V.Kostin

Journal expert

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Termination of an employment contract means the end of the employment relationship between the employee and the employer. In the current labor legislation, along with the concept of “termination of an employment contract,” there are other concepts that mean the end of labor relations between the parties to the employment contract: “termination of the employment contract” and “dismissal.” These concepts are close in meaning, but are not identical and differ in their legal content.

Thus, termination of an employment contract is the end of the labor legal relationship between the employee and the employer. “Termination of an employment contract” is the most general and broad concept that covers all cases of termination of a concluded employment contract, termination of an employment relationship (by agreement of the parties; at the initiative of an employee or employer; at the request of authorized third parties; on grounds excluding any circumstances, the possibility of continuing labor relations, etc.).

The concept of “dismissal of an employee” is, in fact, close to the concept of “termination of an employment contract,” but it does not cover cases of termination of an employment contract due to circumstances beyond the control of the parties.

“Termination of an employment contract” is a narrower concept; it is a voluntary termination of employment relations on the initiative of one of the parties to the employment contract or on the initiative of certain bodies that have the right to demand this termination. The difference between the concept of “termination of an employment contract” and the concept of “termination of an employment contract” is that the first covers both volitional unilateral and bilateral actions, as well as events, while the second covers only unilateral volitional actions.

An employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for dismissing an employee on this specific basis. The basis for termination of an employment contract is a vital circumstance, which is enshrined in law as a legal fact necessary for terminating the employment relationship. Termination of an employment contract means simultaneously the dismissal of the employee.

The Labor Code of the Russian Federation devotes an entire chapter to termination of an employment contract - Chapter 13, which provides the grounds and procedure for terminating an employment contract. At the same time, the Labor Code of the Russian Federation is not the only legal act regulating the termination of an employment contract. Thus, grounds for termination of employment contracts that differ from those given in the Labor Code of the Russian Federation are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is permitted by current legislation and does not contradict it. The Labor Code of the Russian Federation regulates the right of the parties to an employment contract in certain cases to include in the employment contract additional grounds for termination of employment relations (Articles 278, 307, 312, 347 of the Labor Code of the Russian Federation).

Termination of an employment contract is considered legal provided that, in addition to the existence of grounds provided for by law, the employer complies with the established procedure for terminating the employment contract, and also provides the guarantees upon dismissal established by law for certain categories of employees.

Thus, it is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability and while on vacation (Part 3 of Article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 years (a disabled child under eighteen years old), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal under clause 1, sub-clause “a”, clause 3, clause 5-8, 10 and 11 Article 81 of the Labor Code of the Russian Federation).

The dismissal of an employee under paragraph 5 of Article 82 of the Labor Code of the Russian Federation is carried out taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 Labor Code of the Russian Federation.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

Taking into account the opinion of the trade union body is not required if an employee who is not a member of a trade union is fired or if there is a trade union in the organization, but the employee is connected by membership relations with another trade union that does not have a primary trade union body in this organization.

Representatives of workers participating in collective negotiations during the period of their conduct cannot be dismissed at the initiative of the employer without the prior consent of the body. Authorizing them for representation, except in cases of termination of an employment contract for committing an offense for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work.

Termination of an employment contract with an employee under 18 years of age at the initiative of the employer (except for cases of liquidation of the organization), in addition to compliance with the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors.

According to Art. 374 of the Labor Code of the Russian Federation, dismissal at the initiative of the employer in accordance with clause 2, sub-clause. "b" clause 3 and clause 5 of Art. 81 of the Labor Code of the Russian Federation, managers (their deputies) of elected trade union collegial bodies of an organization, its structural divisions (not lower than shop units and equivalent to them), who are not released from their main work, are allowed, in addition to the general procedure, for dismissal only with the prior consent of the corresponding higher elected trade union body.

At the same time, the provisions of part one of Art. 374 of the Labor Code of the Russian Federation are subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation dated December 4, 2003 No. 421-O “In the case of verifying the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 Labor Code of the Russian Federation and clause 3 of Art. 25 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Operations”, which recognized as inconsistent with the Constitution the norms contained in federal laws and prohibiting the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated failure to perform labor duties without good reason, if he has a disciplinary sanction, represents a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time as a subject of economic activity and owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (parts 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and, therefore, contradicts the requirements of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

The general grounds for termination of an employment contract are contained in Article 77 of the Labor Code of the Russian Federation

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

2) expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);

8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding work (parts three and four of Article 73 of the Labor Code of the Russian Federation);

9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);

10) circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

11) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties presupposes the mutual desire of the employee and employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated within the period agreed upon by the parties, that is, at any time. An agreement to terminate an employment contract does not exclude the possibility of dismissing an employee at his own request or, if there are grounds for this, at the initiative of the employer.

Termination of an employment contract at the initiative of the employee presupposes the desire of one party (the employee) to terminate the employment contract, and the employer is obliged to terminate relations with the employee upon expiration of the notice period.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract.

Before the expiration of the notice of dismissal, the employer is not deprived of the right to dismiss the employee if he has committed an offense that is grounds for dismissal.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

The right to terminate an employment contract at the initiative of an employee is given not only to an employee who has entered into an employment contract for an indefinite period, but also to an employee working under a fixed-term employment contract.

If an application for termination of an employment contract is submitted by an employee under 18 years of age, it is necessary to first obtain the consent of the relevant state labor inspectorate and the commission for minors.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 contains a provision explaining to the courts the issues of application of legislation governing the termination of an employment contract at the initiative of an employee concluded for an indefinite period, as well as a fixed-term employment contract (clause 3 of Article 77, Article 80 of the Labor Code of the Russian Federation ). Please keep the following in mind:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee;

b) the employment contract can be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

An employment contract can be terminated at the initiative of the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction in the number or staff of employees of an organization or individual entrepreneur;

3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation by an employee of labor duties:

a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

b) the employee appears at work (at his workplace or on the territory of the organization - the employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;

d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;

8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;

9) the adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) the employee submits false documents to the employer when concluding an employment contract;

12) has become invalid.

13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by the Labor Code of the Russian Federation and other federal laws.

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

When considering a case on reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

When considering cases of reinstatement at work, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of rights, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal a temporary disability at the time of his dismissal from work or the fact that he is a member of a trade union or the head (his deputy) of an elected trade union collegial body of an organization, its structural divisions (not lower than shop units and equivalent to them), not released from their main job, when the decision on dismissal must be made in compliance with the procedure for taking into account the reasoned opinion of the elected trade union body of the organization or, accordingly, with the prior consent of a higher elected trade union body.

If the court establishes that the employee has abused his right, the court may refuse to satisfy his claim for reinstatement at work (while changing, at the request of the employee dismissed during a period of temporary incapacity, the date of dismissal), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of unfair actions on the part of the employee (clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004).

As a general rule, the parties cannot include in the employment contract additional grounds for dismissing employees other than those provided for by law, since this can be considered as a reduction in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, employment contracts cannot contain conditions that limit the rights or reduce the level of guarantees of workers in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the employment contract, they are not subject to application.

Termination of an employment contract at the initiative of an employer with pregnant women is not permitted, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.

Part 1 art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer. The ban on dismissal applies to all grounds for dismissal at the initiative of the employer, specified both in the Labor Code of the Russian Federation and in other federal laws.

The dismissal of a pregnant woman for other reasons not related to the employer’s initiative, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in in general order.

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

An employment contract extended in this way, by virtue of the direct instructions of the law, does not cease to be fixed-term. In this case, the woman is provided with all the benefits to which she is entitled in connection with pregnancy, including the right to transfer to another job and to be released from work while maintaining average earnings if such a transfer is impossible.

It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).

An employment contract is subject to termination due to the following circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation):

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;

2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) failure to be elected to office;

This basis applies to those employees who were not elected to the position a second time for the position they held, although they applied for it. If an employee has not submitted documents to be elected to a position, then he is dismissed due to the expiration of the employment contract under clause 2 of Part 1 of Art. 77 Labor Code of the Russian Federation.

4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

The recognition of an employee as completely incapacitated may take place in accordance with a medical report issued by the body or institution competent to issue such a report.

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

In accordance with Art. 45 of the Labor Code of the Russian Federation, a citizen may be declared dead by the court if at his place of residence there is no information about his place of stay for five years, and if he went missing under circumstances threatening death or giving reason to assume his death from a certain accident - in within 6 months.

7) the occurrence of emergency circumstances that impede the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant constituent entity of the Russian Federation;

8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

Disqualification is the deprivation of an individual of the right to occupy leadership positions in the executive body of a legal entity for a period of 6 months to 3 years. In addition to disqualification, there may also be deportation from the territory of the Russian Federation of a foreign citizen (or stateless person) who had an employment relationship with the employer.

9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

10) termination of access to state secrets if the work performed requires such access;

11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work.

conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

lack of an appropriate education document if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

concluding an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws relating to the involvement in labor activities of citizens dismissed from state or municipal service;

in other cases provided for by federal laws.

If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

When and in what cases is the employment contract terminated?

Dismissal of an employee is often associated with conflicts and violations. Therefore, both the employee and the employer need to know and navigate the rules for terminating an employment contract. When, on what grounds, in what cases is the employment contract terminated? We'll tell you in this article.

General grounds for termination of an employment contract

Let us list and describe the most common grounds for termination of an employment contract.

Dismissal at the initiative of the worker.

Dismissal often occurs on the initiative of the worker himself. Externally, this is formalized by the employee submitting a resignation letter. In this case, the employee must comply with the rule of the law about warning the employer of his intention to quit. As a general rule, at least 2 weeks must pass from the moment of filing the application until the moment of dismissal, the so-called “working off”. This time is given to the employer to find a replacement for the retired personnel and carry out all other necessary measures in connection with the dismissal (transfer of cases, etc.).

What do you need to consider here? The notice period for dismissal for certain categories of employees may be shorter. Thus, seasonal workers can give notice of their dismissal in just three days. The same period is established for employees located. During the test, they can write a statement three times before dismissal.

And of course, the warning period may be reduced or not taken into account at all if the parties agree on this matter. For example, an employer agrees to dismiss an employee without mandatory “work-off”.

Let us remind you that dismissal at the request of the employee is possible without any work at all. It depends on the reasons for dismissal. If the reasons for terminating an employment contract are related to retirement, caring for a sick family member and other cases, then the employer is obliged to dismiss the employee when he asks for it.

Dismissal “good” and “bad”

If the dismissal occurs “in an amicable way,” then compliance with the above rules is sufficient to terminate the contract. However, dismissal “on good terms” does not always happen and may be accompanied by conflicts.

Sometimes employers force employees to write statements of their own free will. Such actions are certainly illegal. And even if the employee writes a statement under pressure from the employer, he can subsequently apply for protection of his rights to law enforcement and control authorities (court, prosecutor's office, labor inspectorate) and achieve reinstatement at work. There are enough such examples in judicial practice, when in the judicial process the facts of forced dismissal at one’s own request were confirmed.

There may be another situation when the employer does not want to part with the employee and creates all sorts of obstacles for him on the way to dismissal. In such cases, employees need to stock up on evidence of committing legally significant actions. In this case, it is filing a resignation letter. These facts can be recorded by a receipt from an authorized person of the employer on the employee’s application, written in 2 copies; or confirmed by telegram, registered letter with a list of attachments and other methods.

Dismissal at the request of the employer

Depending on the grounds for termination of the employment contract, such dismissal can be very different. It’s one thing when an employee is fired due to staff reduction with the payment of 2 months’ severance pay; and it’s a completely different matter if he is fired “under article”, when such unpleasant information ends up in the work book. Often, employers, threatening an unwanted employee with such dismissal, force him to write a letter of resignation of his own free will.

You can read about “” in other materials on our site. Here we note that in addition to the “bad” reasons for terminating an employment contract, dismissal at the request of the employer may not be so negative. Such grounds for termination of an employment contract are dismissals due to:

with the liquidation of an enterprise or company or the closure of an individual entrepreneur;
reduction of the employer's staffing levels;
conflict of interest and the employee’s unwillingness or inability to resolve it;
change in the ownership of the property of an enterprise or company (applies to management personnel).

There is one general rule that employers are required to follow regardless of the reason for termination of an employment contract (good or bad). At the initiative of the employer, the law prohibits dismissing employees during periods of vacation or incapacity for work. This rule does not apply only to cases of closure of an individual entrepreneur or liquidation of a company.

Dismissals for other reasons

Other common grounds for termination of an employment contract include dismissals:

by agreement of the parties;
due to expiration of the contract;
due to circumstances beyond our control.

The agreement of the parties must be reached in writing, drawn up in at least two copies (for the employee and for the employer). It often includes conditions regarding payments due to the employee in connection with dismissal.

If, and the parties have no intention of continuing it, then the relationship also ends. The employer has the obligation to notify the employee of the upcoming dismissal for this reason no later than three days before the dismissal.

Upon dismissal due to circumstances beyond the control of the parties, the employment contract is terminated due to conscription into the army, death, criminal prosecution, failure to be selected for the appropriate position, medical contraindications, etc.

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