Dismissal by agreement of the parties pluses of the employee. Step-by-step instructions for dismissal by agreement of the parties. Why is the agreement of the parties beneficial to the employer?

1. How is dismissal by agreement of the parties different from dismissal on other grounds.

2. How to formalize the termination of an employment contract with an employee by agreement.

3. In what order are taxes and contributions calculated from compensation paid upon dismissal by agreement.

An employment contract with an employee can be terminated both at the initiative of the employee and at the initiative of the employer, as well as due to circumstances beyond the control of the parties. In addition to these grounds, the Labor Code of the Russian Federation also provides for dismissal by "mutual consent", that is, by agreement of the parties. However, the situation when both the employee and the employer are simultaneously interested in terminating the employment relationship is extremely rare in practice. As a rule, the initiator is still one party, and most often, the employer. Then why do employers prefer, instead of laying off, for example, to reduce the number or staff, "negotiate" with employees? You will find the answer to this question in this article. In addition, we will find out what are the features of the design and conduct of the dismissal procedure by agreement of the parties, how it can be beneficial to the employer and employee.

Article 78 is devoted to dismissal by agreement of the parties in the Labor Code of the Russian Federation. And literally, the content of this entire article is as follows:

The employment contract can be terminated at any time by agreement of the parties to the employment contract.

The Labor Code does not contain any more clarifications regarding the procedure for conducting and formalizing the dismissal of an employee by agreement of the parties. Therefore, when terminating an employment relationship with an employee on this basis, one should be guided by established practice, primarily judicial, as well as explanations given by individual departments, such as the Russian Ministry of Labor.

Features of dismissal by agreement of the parties

To begin with, let's define how dismissal by agreement of the parties is fundamentally different from dismissal on other grounds. These features just explain why employers and employees in certain situations prefer to disperse by drawing up an agreement.

Ease of design.

All that is required for the dismissal by agreement is the will of the employee and the employer, documented. Moreover, the whole procedure can take only one day - if the day the agreement is drawn up is the day of dismissal. Neither the employer nor the employee is obliged to notify each other in advance of their intention to terminate the employment contract. In addition, the employer does not need to notify the employment service and the trade union. Thus, it is obvious that it is much easier for an employer to “break up” with an employee by agreement than, for example, by.

Opportunity to agree terms of dismissal.

According to the meaning of the very wording “dismissal by agreement of the parties”, termination of the employment contract in this case is possible if the employee and the employer agreed to the conditions put forward by each other, that is, they reached an agreement. In this case, the conditions can be very different. For example, the agreement can provide for the payment of monetary compensation to the employee (severance pay) and its amount, as well as the period of work, the procedure for transferring cases, etc. It should be noted that the payment of severance pay upon dismissal by agreement is not a prerequisite, and its minimum and maximum amounts are not established by law. Also, the term of working off - it may not be at all (dismissal on the day the agreement is signed), or, on the contrary, it can be quite long (more than two weeks). It is obvious how these terms of dismissal by agreement affect the interests of the employee and the employer: for the employee, the advantage is the opportunity to receive monetary compensation, and for the employer, the opportunity to set the necessary period for working off and transferring cases to a new employee.

Change and cancellation only by mutual agreement.

After the agreement establishing a certain date and conditions for dismissal is signed by the employee and the employer, it is possible to amend or withdraw from it only by mutual agreement. That is, an employee with whom an agreement on termination of an employment contract has been signed cannot unilaterally “change his mind” about resigning or put forward new conditions for dismissal (Letter of the Ministry of Labor of April 10, 2014 No. 14-2 / OOG-1347). This is one of the main advantages of dismissal by agreement of the parties for the employer compared, for example, with the dismissal of an employee of his own free will, in which the employee has the right to withdraw his resignation letter.

! Note: In the event that the employee sends a written notice of his desire to terminate or change the previously signed dismissal agreement, the employer should also respond in writing, arguing his position (to meet the employee halfway or leave the agreement unchanged).

The absence of "exceptional" categories of workers who are not subject to dismissal by agreement.

The Labor Code of the Russian Federation does not provide for any restrictions on employees who can be dismissed by agreement of the parties. Therefore, being an employee on vacation or on sick leave cannot be considered as an obstacle to terminating an employment contract with him on this basis, in contrast, for example, to dismissal at the initiative of the employer (part 6 of article 81 of the Labor Code). Under the agreement, employees who have concluded both a fixed-term employment contract and an indefinite one, as well as employees during a probationary period, can be dismissed.

Also, from a formal point of view, the legislation does not prohibit the dismissal of a pregnant employee by agreement of the parties: such a ban is valid only upon dismissal at the initiative of the employer (part 1 of article 261 of the Labor Code). However, when terminating a contract with a pregnant woman, the employer should be especially careful: firstly, the consent to terminate the contract must really come from the employee herself, and secondly, if the employee did not know about her pregnancy at the time of signing the dismissal agreement, but found out later and expressed a desire to annul the agreement, the court may recognize her claim as legitimate (Ruling of the Supreme Court of the Russian Federation dated 05.09.2014 No. 37-KG14-4).

No special justification is required for dismissal.

Unlike, for example, dismissal for disciplinary violations, in which the employer needs to have sufficient evidence of the fact that they were committed by the employee, dismissal by agreement is based solely on the will of the parties and does not require any evidence or confirmation (the main evidence is the agreement itself, signed by the parties) . Thus, if the employee is “guilty”, then dismissal by agreement can be beneficial to both parties: the employee will avoid an unpleasant entry in the work book, and the employer will not have to additionally confirm the legality of the dismissal.

These are the main distinguishing features of dismissal by agreement of the parties, which explain its attractiveness for both parties to labor relations. Employers especially “love” dismissal on this basis: this is the fastest and surest way to part with objectionable employees, which virtually eliminates the possibility for workers to challenge its legitimacy and reinstate their jobs- after all, they personally agreed to terminate the employment contract. Of course, we are talking about the voluntary consent of the employee to dismissal, and not about situations where such consent was obtained under pressure or fraudulently (which, however, the employee will have to prove in court).

The procedure for issuing dismissal by agreement of the parties

Drawing up an agreement on termination of the employment contract.

Such an agreement between the employee and the employer is the basis for dismissal, so it must be documented without fail. However, the form of the dismissal agreement is not regulated, that is, the parties have the right to draw it up in any form. The main thing that this document should contain:

grounds for dismissal (agreement of the parties);
date of dismissal (last working day);
written will of the parties to terminate the employment contract (signature).

An agreement on termination of an employment contract can be drawn up:

in the form of an employee's statement with a written resolution of the employer. This option is the simplest, but it is suitable in cases where only the date of dismissal is agreed (which is indicated in the application);
in the form of a separate document - an agreement on termination of an employment contract. Such an agreement is drawn up in two copies, one for the employee and the employer. In addition to the mandatory components, it may contain additional conditions that the parties have agreed on: the amount of monetary compensation (severance pay), the procedure for transferring cases, granting leave with subsequent dismissal, etc.

Issuing a notice of dismissal

An order for the dismissal of an employee by agreement of the parties, as well as for dismissal for other reasons, is drawn up in the unified form T-8 or T-8a (approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 No. 1) or according to. At the same time, the order states:

in the line “The basis for termination (termination) of the employment contract (dismissal)” - “Agreement of the parties, clause 1, part 1, art. 77 of the Labor Code of the Russian Federation”;
in the line "Basis (document, number and date)" - "Agreement on termination of the employment contract No. ... from ...".

Filling out a work book

When an employee is dismissed by agreement of the parties, the following entry is made in his work book: “The employment contract is terminated by agreement of the parties, clause 1 of part one of Article 77 of the Labor Code of the Russian Federation”

The dismissal record is certified by the employee responsible for maintaining work books with the seal of the employer, as well as the signature of the dismissed employee (clause 35 of Decree of the Government of the Russian Federation of 04.16.2003 No. 225 “On work books”). The work book is issued to the employee on the day of dismissal (part 4 of article 84.1 of the Labor Code of the Russian Federation), and the fact of its receipt is confirmed by the signature of the employee in the personal card and the register of work books and inserts in them.

Payments upon dismissal by agreement of the parties

On the day the employee is dismissed, that is, on the last working day, the employer must pay him in full (Articles 84.1, 140 of the Labor Code of the Russian Federation). The following amounts are payable:

wages for hours worked (up to and including the day of dismissal);
compensation for unused vacation;
severance pay (if its payment is provided for by agreement of the parties).

! Note: The final settlement with the employee must be made on the day of termination of the employment contract. The employer is not entitled to set a later payment period (after dismissal), even if the employee himself does not object and such a period is provided for by the agreement on termination of the employment contract (Article 140 of the Labor Code of the Russian Federation).

The calculation and payment of wages for the days worked and compensation for unused vacation (withholding for vacation used in advance) upon dismissal by agreement of the parties are no different from similar payments upon dismissal for other reasons. Therefore, we will dwell in more detail on the “specific” payment - monetary compensation in the form of severance pay.

As already mentioned, the amount of severance pay does not have any legally established restrictions and is determined only by agreement of the parties. In practice, most often The amount of severance pay is determined by the employee:

in the form of a fixed amount;
based on the official salary (for example, in double the amount of the official salary established by the employment contract);
based on average earnings for a certain period after dismissal (for example, in the amount of average earnings for two months after dismissal).

! Note: If the amount of the severance pay is established on the basis of average earnings, its amount is determined in accordance with Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the peculiarities of the procedure for calculating average wages”. At the same time, the procedure for calculating the average daily earnings for the payment of severance pay differs from that used for calculating vacation pay and compensation for unused vacation. The average daily earnings for the payment of severance pay is calculated by dividing the amount of payments included in the calculation for the last 12 calendar months preceding the day of dismissal by the number actually worked out for this period of days (paragraph 5, clause 9 of Resolution No. 922). Thus, the amount of severance pay depends on the number of working days in the period for which it is paid.

Taxes and contributions from severance pay by agreement of the parties

Personal income tax from severance pay paid upon dismissal by agreement of the parties

In accordance with paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, not subject to income tax the following payments related to the dismissal of employees:

severance pay,
average monthly salary for the period of employment,
compensation to the head, deputy heads and chief accountant of the organization,

provided that the amount of such payments does not exceed in total three times the average monthly earnings(six times - for employees of organizations located in the regions of the Far North and equivalent areas). Amounts exceeding three (six) times the average monthly earnings are subject to personal income tax in the general manner (Letter of the Ministry of Finance of Russia dated 03.08.2015 No. 03-04-06 / 44623).

! Note: According to the explanations of the Ministry of Finance of the Russian Federation, in order to apply paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, the following must be taken into account:

If the severance pay due to the employee upon dismissal by agreement of the parties is paid to him in installments, then in order to determine the amount of the allowance not subject to personal income tax, it is necessary sum up all benefit payments, even if they are produced in different tax periods (Letter of the Ministry of Finance of Russia dated August 21, 2015 No. 03-04-05 / 48347).

To determine the threefold (sixfold) size of the average monthly earnings should be guided by Art. 139 of the Labor Code of the Russian Federation and the procedure for calculating the average wage (average earnings) established by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 “On the features of the procedure for calculating the average wage” (Letter of the Ministry of Finance of Russia dated June 30, 2014 No. 03-04-06 / 31391) . The average daily earnings are calculated in the following order:

* Settlement period - equal to 12 previous calendar months

Contributions from severance pay paid upon dismissal by agreement of the parties

By analogy with personal income tax, insurance premiums to the PFR, FFOMS and FSS not charged on the amount of payments in the form of severance pay and average monthly earnings for the period of employment, not exceeding in total three times the average monthly salary(six times - for employees of organizations located in the regions of the Far North and areas equated to them) (paragraph “e”, paragraph 2, part 1, article 9 of Law No. 212-FZ, paragraph 2, paragraph 1, article 20.2 of Law No. 125-FZ). The part of the severance pay paid upon dismissal by agreement of the parties, exceeding three (six) times the average monthly salary, is subject to insurance premiums in the general manner (Letter of the Ministry of Labor of Russia dated September 24, 2014 No. 17-3 / B-449).

Tax accounting of compensation upon dismissal by agreement of the parties

Employers using both DOS and STS, are entitled to expense to pay the amount of severance pay to employees dismissed by agreement of the parties (clause 6 clause 1, clause 2 article 346.16; clause 9 article 255 of the Tax Code of the Russian Federation). The main condition: the payment of such benefits must be provided for by an employment or collective agreement, an additional agreement to an employment contract or an agreement on termination of an employment contract. The severance pay is taken into account for tax purposes in the full amount without any restrictions.

Do you find this article useful and interesting? share with colleagues on social networks!

Remaining questions - ask them in the comments to the article!

Yandex_partner_id = 143121; yandex_site_bg_color = "FFFFFF"; yandex_stat_id = 2; yandex_ad_format = "direct"; yandex_font_size = 1; yandex_direct_type = "vertical"; yandex_direct_border_type = "block"; yandex_direct_limit = 2; yandex_direct_title_font_size = 3; yandex_direct_links_underline = false; yandex_direct_border_color = "CCCCCC"; yandex_direct_title_color = "000080"; yandex_direct_url_color = "000000"; yandex_direct_text_color = "000000"; yandex_direct_hover_color = "000000"; yandex_direct_favicon = true; yandex_no_sitelinks = true; document.write(" ");

Normative base

Labor Code of the Russian Federation
Tax Code of the Russian Federation
Federal Law No. 212-FZ dated July 24, 2009 “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”
Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the peculiarities of the procedure for calculating the average wage"
Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”
Determination of the Supreme Court of the Russian Federation of 05.09.2014 No. 37-KG14-4
Letters from the Ministry of Labor

No. 14-2/OOG-1347 dated April 10, 2014
dated September 24, 2014 No. 17-3 / V-449

The reached consent or agreement between the employer and the employee is one of the grounds for termination of labor relations. But in order to understand what is dismissal by agreement of the parties, it is necessary to analyze the norms of the current labor legislation, and the general legal nature of the concept of "agreement", to understand the essence of contractual legal relations.

The very procedure for dismissal according to this wording is not spelled out either in the Labor Code of the Russian Federation or in any clarifying regulatory legal act. What happens, it is necessary to take into account not only labor, but also civil legislation when dismissing, because it is it that determines the concept and procedure for concluding agreements. At the same time, it is important to take into account the established procedural acts of judicial practice.

When and how to dismiss an employee by agreement of the parties

The Labor Code indicates to us that the employer and employee have the right to terminate the employment contract by mutual agreement. Only one single article 78 of the Code regulates such a right. As for the categories of employees, or other requirements, the normative act does not establish. Based on this, we can conclude that any dismissal due to the agreement reached will be considered a priori correct.

But the existence of this consent must have an evidence base - documentation, correspondence, which indicates that, nevertheless, this agreement took place. And for this, it will not be superfluous to request from the employee himself a letter of resignation by agreement of the parties. Since there is no unified approved form, it is compiled arbitrarily. An essential feature is that the employee can submit such an application not only while at the workplace, but also during the vacation period, and during the period of sick leave.

The termination of the employment contract can also occur during the absence of the employee at the place of work for a number of good reasons. Therefore, dismissal occurs at any time specified by the parties in the agreement and in the application. The above statement must contain information on reaching the consent of the employee and the enterprise regarding the dismissal, as well as an indication of the norm of the article. It should also reflect in the application the date from which the employment contract is terminated.

Benefits of leaving by agreement

When terminating an employment contract by mutual agreement, there are advantages to the benefit of both the employer and the employee. Dismissal by agreement of both parties takes place according to a more simplified procedure than, say, dismissal at the initiative of the enterprise, or for reasons beyond the control of the parties.

The employee does not need to work out the two weeks required by law. Therefore, by writing a statement on the termination of employment for precisely this reason, he saves his time. The employer, on the other hand, is relieved of the obligation to coordinate the dismissal of an employee with the trade union body, as if he were carrying out the procedure under article 81 of the Labor Code.

Also, for the enterprise, a clear plus is the termination of the employment contract by mutual will due to the fact that it is possible to dismiss employees on maternity leave and during pregnancy, which is absolutely impossible in other cases when the enterprise needs to terminate labor relations with such categories of employees. For example, with the upcoming reduction, workers on maternity leave cannot be fired, but by agreement of the parties, there is no ban.

How to properly terminate an employment contract

Since it regulates dismissal by agreement of the parties, Art. 78 of the Labor Code, but the general grounds for termination of labor relations include article 77, which must be referred to in the work book and in the order, defining paragraph 1 of this article in the documents.

But, as mentioned above, a simple reference to the norm of the article is not enough. A supporting document of such a motive for terminating the employment contract must be available. That is, in order for an agreement to be reached between the parties to the legal relationship, it is necessary that one party receives an initiating document from the other party. An enterprise can send a letter to an employee about the need for negotiations, as a result of which such a decision will be made.

The employer may also send a letter to the employee with a proposal to consider the issue of early termination of the employment contract by agreement of the parties, in accordance with paragraph 1 of Art. 77 of the Code. But the employee also has every right to ask him to be dismissed by agreement of the parties, referring in his application to the same Noma of the Code.

As already mentioned, labor legislation does not provide clear instructions and additional articles governing the dismissal of an employee by agreement of the parties. Therefore, when terminating an employment agreement, you should follow the general recommendations for registration.

An important role in the very concept of an agreement is played by the voluntariness of indicating all the points that are not standardized in the Code. Take, for example, severance pay. Its legislator does not oblige to pay the dismissed person according to such a wording. And yet, the company has the right to pay, by agreement, severance pay, which must be indicated in the agreement. The amount of such benefits should also be spelled out in the decree and in the agreement. Do not forget to calculate personal income tax from it, since this is an additional benefit that is taxed, in contrast to the cases and amounts that are directly prescribed in the Labor Code.

Dismissal by agreement - step by step instructions

There is a certain general procedure according to which the termination of an employment contract is carried out, taking into account the features that the procedure for reaching agreement by both parties to the legal relationship implies.

p> As you can see, such a procedure differs from the general procedure in that the parties agree on the possibility of terminating the employment contract, as well as the need to consolidate the agreement reached in writing in the form of a separate document. The specified additional agreement is attached to the order on dismissal by agreement of the parties. There are no special requirements for the preparation of this additional agreement, but when drawing up it, one should take into account the general requirements of the Civil Code of the Russian Federation on the rules for concluding contracts and additions to them.

Many employers are thinking about whether it is necessary to draw up such an agreement at all, because Article 78 of the Labor Code does not establish it, and in general, all labor legislation does not oblige to reach agreement in writing. And, often, this stage of the procedure is ignored by the company with which the employee terminates the employment relationship. This situation can lead to unpleasant “surprises” in the future, since it will be extremely problematic to prove the fact of consent, as well as the fact that the employee received the amount of severance pay if he does not put his signature on the statement of receipt of funds.

Agreement on termination of the employment contract - important nuances

What should the employer and employee pay attention to when choosing this method of terminating cooperation:

The employee has continuous work experience for another month after leaving the position at this enterprise;
The employee receives a larger amount of unemployment benefits, compared to the amount that he would receive if he left of his own free will;
Employer dismissal by agreement of the parties, in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation, gives the right not to ask permission for dismissal from the trade union body;
For an enterprise, this is perhaps the most legitimate and painless article in order to say goodbye to an objectionable specialist with whom an employment contract has been concluded indefinitely;
According to this wording, you can fire a woman, even during the period of the decree, or pregnancy.
An employee cannot “change his mind” about quitting, as he could do it, quitting on his own initiative.

The agreement reached by the parties can be terminated only by mutual agreement of both the employee and the enterprise. Even if the circumstances of each party have changed, unilaterally, the agreement cannot be canceled. Unless, of course, in court, the employee proves that the contract was drawn up due to difficult circumstances for him or under duress, with pressure, by the employer.

Dispute Resolution

Often, in order not to fire their specialists due to layoffs, employers resort to tricks and ask employees to write a statement on their own, or by agreement of the parties. And it saves a lot of time, and nerves to the enterprise itself. After all, you don’t need to warn two months in advance, but you can dismiss on any day specified in the agreement.

If the employee refused to be fired by agreement of the parties, the company can carry out a reduction after the proposal of the agreement of the parties. And, in this case, there will be no significant violation of the law if the employer complies with the deadlines established by law. Knowing that he is facing redundancy, there is a chance that the employee will choose the agreement. After signing the agreement, it is no longer possible to dismiss under another article, including due to a reduction in the number of staff.

Another common problem and contentious situation is setting deadlines in the agreement. Sometimes, one of the parties wants to change them. This will not be a problem if the parties again sign an addendum to the agreement, in which they indicate the need to clarify the terms, and put their personal signatures.

Not many employees, and even employers, know that a legal document concluded by the parties will not be valid if an unauthorized representative signed the contract on behalf of the employer. In order for the powers to be valid, the functional duties of the representative of the employer or the statutory documents of the enterprise must contain a clause stating that such a representative has the right to dismiss personnel, conclude contracts and agreements with the employment contract with them.

HR records management

Keywords:

1 -1

Before signing an agreement with the owner when terminating an employment contract, you need to know what such a procedure means and what consequences it can entail. Dismissal by agreement of the parties is a fairly peaceful basis for terminating an employment contract, which allows you to settle the end of mutual obligations between the employee and the employer.

This procedure is used in various situations and does not adversely affect the reputation of the employee and the enterprise. Dismissal on this basis allows you to terminate the relationship of the parties as soon as possible and agree on conditions that will suit both the employer and the employee. This procedure is practiced when terminating an employment contract with employees who cannot be fired for other reasons without violating labor laws. The correct sequence of actions in this process will minimize the risk of mutual claims, litigation and other unpleasant consequences.

Dear readers! The articles contain solutions to common problems.
Is free our lawyers will help you find the answer to your personal question. To solve your problem, call: You can also get a free online consultation.

Legal basis and features of the type of dismissal

The Labor Code of the Russian Federation in article 78 gives the concept of dismissal on this basis. The legislation regulates the freedom of such relations, therefore, it is possible to terminate an employment contract by mutual agreement at any time, regardless of the period for which it was concluded. For the conclusion of an agreement, the will of both parties is required, but in most cases one person acts as the initiator.

To terminate the contract on this basis, it is only mandatory that the employee and the management of the enterprise agree on the main conditions. They have the right not to explain the motivation for this decision, since the legislation does not contain such requirements.

This procedure allows the parties to independently set the date of dismissal and conditions for participants in labor relations. The Labor Code provides enough freedom of action in this matter. He also leaves the procedure for concluding an agreement to the discretion of the employee and the employer, stipulating only general aspects of the procedure.

The legislation regarding dismissal on this basis contains only one imperative norm. It consists in prohibiting the payment of severance pay to general directors and their deputies, as well as chief accountants of enterprises with at least 50 percent of the state's share in the authorized capital.

Features of dismissal by agreement of the parties in Russia are as follows:

An already signed agreement can be changed only at the mutual desire of the parties. This is due to the bilateral nature of this dismissal. This feature is the main difference between this procedure and the dismissal of an employee of his own free will. This means that the employee will not be able to change their mind and cancel the agreement on their own.
It allows you to terminate mutual obligations with an employee who is problematic to dismiss for other reasons.
Allows you to independently set the date of resignation and exclude a two-week working off.
It is rather problematic to challenge an agreement drawn up in accordance with the requirements of the law.
Allows you to terminate the student contract.

Also, this procedure allows the employee, upon agreement with the employer, to avoid dismissal on the grounds that may affect the reputation in the future.

Positive and negative sides

An employee may benefit from dismissal on this basis for the following reasons:

No obligation to justify your decision.
There is no need to notify the employer in advance. This means you can quit in one day.
Possibility to exclude the obligation of two-week working off.
The ability to use this basis in the presence of guilt on the part of the employee by agreement with the management.
By agreement, you can leave yourself time to look for a new job.
In case of liquidation of mutual obligations on this basis, the continuity of service is increased by a month.
Opportunity to receive higher unemployment benefits.
This basis does not negatively affect the reputation of the employee. On the contrary, in today's conditions, a new employer may consider an employee more loyal, and therefore able to meet halfway.

Despite the large number of positive aspects, there are also disadvantages of this procedure:

Cannot be canceled unilaterally, which means there is no way to change your decision to leave once the agreement is signed.
Lack of union control.
The absence of the obligation of the enterprise to pay severance pay, unless it is established by the terms of the contract for dismissal on this basis.
It is quite difficult to challenge the agreement even if there is pressure from the employer, since it is very difficult to prove such influence on the employee in a lawsuit.

For the employer, there are the following positive aspects:

The ability to terminate obligations with an objectionable employee without tangible consequences. For the employer, this also means the possibility of reducing the risk of valuable information being leaked when an employee who is entrusted with trade secrets is fired.
Possibility to carry out the procedure without explanation of the reason.
The ability to set the term and conditions of dismissal in agreement with the employee.
Lack of trade union oversight of dismissals on this basis.
The ability to terminate relations with an employee whose dismissal is problematic or impossible for other reasons.
Lack of supervision by the state labor inspectorate when a minor is dismissed.
A simple procedure for the liquidation of labor relations.
The ability to simplify the downsizing procedure using this basis, by agreement with the employee.

A negative point for the employer will be the possibility of reinstating a pregnant woman who did not know about her situation at the time of expressing her consent to quit and signing the agreement.

The procedure for the parties to labor relations upon dismissal

The legislation does not establish a special procedure for dismissal on this basis, but there is an established practice.

If the parties wish to terminate the employment contract, the parties must act as follows:

Notice to the other party.
The employer or employee notifies the other participant of the desire to enter into such an agreement. It is advisable to formalize this stage with a written notice, in which significant points should be indicated, such as the date of dismissal, conditions and a declaration of will aimed at terminating mutual obligations.
Agreement of conditions.
The parties agree on all conditions of dismissal.
Drawing up an agreement.
The legislation does not contain special requirements for its form, therefore, it is practiced both in the form of a written document and in the form of an employee's application with a resolution of the head.
Issuing a notice of dismissal.
Fulfillment of all conditions of the agreement preceding the moment of termination of the employment contract.
The employee and the employer fulfill all the terms of the agreement on which the agreement was reached. Such conditions may include the transfer of cases to another employee.
Registration of a work book.
On the day of dismissal, an appropriate entry is made in the work book of the employee.
Calculation.
The employer makes a full settlement with the dismissed employee on his last working day.

At the same time, the procedure for dismissal of certain categories of workers may have its own characteristics. For example, when mutual obligations with the CEO are terminated, a meeting of the founders should be held, during which a decision on this issue should be adopted and recorded in a protocol.

Employee compensation payments

Before dismissal on this basis, it will be useful for an employee to know what they must pay for the termination of the contract. He can count on the following compensation:

For days of unused vacation.
Wages for each day, including the last.
For termination of the contract, if such payments are provided for in it.

Important! If the parties establish any payments directly in the agreement itself, this entails the obligation of the employer to make them. The agreement cannot change the provisions of the main contract, so the employee has the right to rely only on receiving the funds specified in the original document. If the parties wish to establish the obligation to pay compensation, they should conclude an additional agreement on this, which will be an annex to the main contract.

The Tax Code allows you not to withhold personal income tax from all types of payments, with the exception of compensation for days of unused vacation. However, this rule is valid only within three average wages. All money transfers over this limit are subject to taxation in the general manner at a rate of 13 percent.

The employer is obliged to make a full settlement with the employee on the last day of the employment contract. If this day falls on a day off, the management of the enterprise needs to wait for the employee's request to pay the due funds, after which the calculation is made no later than the next day.

Documentation of the procedure

The parties should document the entire process to avoid potential litigation in the future. The employee, acting as the initiator of the procedure, can issue an expression of will in the form of a statement or a written notice to the employer. The legislation does not impose any specific requirements both on the form of such notification and on the form of the agreement itself.

The agreement may reflect any conditions within the framework of normative acts on which the parties have reached an agreement.

The text of the document can be drawn up in any form, but, based on practice, the following points should be indicated in it:

The date the document was created.
Party data.
Employment contract details.
Grounds for termination of relations with reference to the article and its part.
The date on which the employee will be fired.
terms agreed by the parties.

The agreement is drawn up in two copies, one for each party.

Termination of an employment contract by agreement of the parties is one of the safest for an employer. However, there are pitfalls here as well. Which? Now we'll find out.

The agreement of the parties is easy to document. The actions of the employer are practically indisputable in court, since in this situation there are no preferential categories - the employment contract can be terminated even with a pregnant woman.

For an employee, dismissal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation is a characteristic of its non-conflict, which future employers will appreciate.

Dismissal strategy by agreement of the parties

What to do if the employee does not agree to the terms of dismissal?

In this case, experts advise to conduct competent negotiations with him. Here are a few tips to help you achieve results.

If the employer has decided to dismiss, the dismissal must take place for any reason. There is no way back. Therefore, it is necessary to study various ways of dismissing an employee at the initiative of the employer (they are listed in Article 81 of the Labor Code of the Russian Federation) and analyze which of them can be applied in a particular case - that is, prepare a plan B.

It must be remembered that dismissal is possible as a result of both the "guilty actions of the employee" - for example, appearing at the workplace in a state of intoxication, absenteeism, gross violation of labor duties, and "innocent" - for example, layoffs, changes in the terms of the employment contract. Moreover, if the employer has chosen a “guilty” strategy, then, when developing plan B, he must adhere only to it - for example, collect evidence. A similar situation is with the "innocent" strategy. Throwing is not allowed.

It is necessary to prepare for dismissal negotiations carefully, but it is more efficient to conduct them on the same day, as they say, “to resolve the issue immediately”, even if the negotiations are dragging on and everyone wants to disperse, postponing the decision until tomorrow. Perhaps tomorrow everything will be different and the efforts of the employer will break against the wall of doubt and reflection, often unreasonably erected by the employee during the break provided.

When preparing for negotiations, you need to collect as much information about the employee as possible: whether he has a mortgage, whether there are dependents, what kind of family. Those who are alone and not burdened with payments make concessions more easily than those who are bound by financial obligations.

The structure of the negotiation is also important. As a rule, it is as follows: reconciliation with the dismissal, discussion of alternative moves (plan B), bidding, final part, registration of the agreement. Someone thinks that the main thing in this process is bidding. In fact, the key is the procedure for reconciliation with the dismissal. For an employee, the message of the upcoming dismissal is a shock. And how well contact is established with the employer at the first stage of negotiations, their result will be so successful. How long can reconciliation last? As much as needs. Only after the employee understands that the dismissal is inevitable and it is not as scary as it seems at first glance, you can proceed to the next stage.

At the end of the negotiations, you need to cheer and thank the employee, switching his attention to the paperwork.

Pitfalls of dismissal by agreement of the parties

And now, using examples of specific court cases, we will consider several issues related to the termination of an employment contract by agreement of the parties.

Can an employee be reinstated at work if he believes that the dismissal by agreement of the parties was signed by him under pressure from the employer?

If the employee proves that the employer forced him to sign a dismissal agreement under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, then reinstatement is possible. If not, the court will take the side of the employer. Example - Appellate ruling of the Moscow City Court dated March 18, 2016 in case No. 33-9523 / 2016. The employee, dismissed by agreement of the parties, tried to be reinstated at work. At the trial, he said that he signed the documents on dismissal under pressure from the employer.

By virtue of the requirements of Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections.

The staff member was unable to provide convincing evidence for his claim. The employer, on the other hand, provided the court with a dismissal order by agreement of the parties, issued on the basis of the employee's application.

Since the employee and the employer agreed on the grounds and term for terminating the employment contract, the court concluded that it was legal to terminate the employment relationship on the basis indicated in the order.

A similar situation was considered by the Moscow City Court in the Appeal ruling dated September 26, 2016 in case No. 33-8787/2016.

The Deputy Director for Medical Affairs was dismissed by agreement of the parties at the end of the probationary period. The employee tried to be reinstated through the court, indicating that she signed the agreement under pressure from the employer. The court considered the employer's actions to be in accordance with labor legislation for the following reasons.

During the trial period, the employee was reprimanded for improper performance of official duties, which was the reason for dismissal. The court found that the employer had grounds for reprimanding, the procedure for imposing a disciplinary sanction and the time limits provided for in Art. 193 of the Labor Code of the Russian Federation, are not violated, the severity of the misconduct is taken into account. The employee received a notice of termination of the employment contract, which contained information about the unsatisfactory result of the test. On the same day, an agreement was concluded between her and the employer to terminate the employment contract under clause 1, part 1, art. 77 of the Labor Code of the Russian Federation, which was signed by the employee with her own hand.

Checking the plaintiff's argument that she was pressured by notification of her impending dismissal due to the failure to complete the probationary period, the court concluded that the presentation of such a notification is the right of the employer on the basis of Art. 71 of the Labor Code of the Russian Federation in the presence of an established probationary period and it cannot be considered as putting pressure on the employee, that is, the employer legally put her before the choice of dismissal on the named basis or by agreement of the parties. The plaintiff did not provide the court with any other evidence of pressure exerted by the employer, therefore the court reasonably refused to satisfy her demands for recognition of the dismissal as illegal and reinstatement at work.

Can the employer change the grounds for dismissal if the employee refused to quit by agreement of the parties?

If the employee is against the conclusion of an agreement to terminate the employment contract, the agreement in accordance with Art. 78 of the Labor Code of the Russian Federation does not sign with him, therefore, dismissal under clause 1, part 1, art. 77 of the Labor Code of the Russian Federation is impossible. In this case, the employer has the right to dismiss on another basis, named in the labor legislation.

Consider, as an example, the Appeal Ruling of the Moscow City Court dated August 16, 2016 No. 33-31927/2016. The director was announced his dismissal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation by agreement of the parties, and two days later - on changing the grounds for dismissal to dismissal under Part 2 of Art. 278 of the Labor Code of the Russian Federation. Considering that the actions of the employer were illegal, the director went to court, pointing out that he did not express his will to dismiss by agreement of the parties, and that the employer had no right to change the basis for dismissal after the termination of the employment relationship.

The court sided with the employer on the following grounds. At the meeting, it was decided to terminate the powers of the director, he was offered to resign by agreement of the parties. However, due to the disagreement of the director to conclude an agreement on termination of the employment contract, the agreement in accordance with Art. 78 of the Labor Code of the Russian Federation was not signed with him and the dismissal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation did not take place.

At an extraordinary general meeting of the organization's participants, a decision was unanimously adopted to terminate the powers of the director. The employee was dismissed on the basis of paragraph 2 of Art. 278 of the Labor Code of the Russian Federation (adoption by the authorized body of a legal entity of a decision to terminate the employment contract). The court pointed out: in paragraph 2 of Art. 278 enshrines the right to terminate the employment contract with the head of the organization at any time and regardless of whether the head committed the guilty actions, and also regardless of the type of employment contract - fixed-term or indefinite. Moreover, this rule allows for the possibility of terminating an employment contract with the head of the organization by decision of the owner of the property of the organization, an authorized person (body) without indicating the motives for making the decision.

Is it legal to dismiss an employee by agreement of the parties if he signed such an agreement, but then demanded to cancel it?

If an employee requires annulment of the dismissal agreement by agreement of the parties, then the employer cannot dismiss him under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, since no agreement has been reached between the parties. At the same time, it should be borne in mind that some courts consider the requirements of the employee to be legitimate only if the reasons for refusing to sign the agreement are quite significant, for example, the woman found out about her pregnancy. In this case, the dismissal must be at the initiative of the employer in compliance with all requirements of labor legislation.

Let us consider as an example the Definition of the Armed Forces of the Russian Federation dated 06/20/2016 No. 18-KG16-45. The procurement department specialist went to court demanding her reinstatement at work. She signed an agreement to terminate the employment relationship, but, having learned about her pregnancy, she applied to the employer with a request to cancel this agreement and was refused.

In refusing to satisfy the woman's claims, the court of first instance proceeded from the fact that the dismissal was made by agreement of the parties, and not at the initiative of the employer. The mere fact that the employee was pregnant, which she was not aware of at the time of signing the agreement on termination of employment and dismissal, is not grounds for recognizing the dismissal as illegal. The Court of Appeal agreed with the findings of the Court of First Instance and their legal basis.

The Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation considered the conclusions of the previous judicial instances to be incorrect. The agreement of the parties to terminate the employment contract could not remain valid due to the absence of the will of one of the parties for this - the employee filed an application to refuse to fulfill the agreement reached with the employer on termination of the employment contract in connection with pregnancy, which at that time she did not know. Since no agreement was reached between the parties, the dismissal was actually carried out at the initiative of the employer. And termination of the employment contract at the initiative of the employer with a pregnant woman is not allowed. (part 1 of article 261 of the Labor Code of the Russian Federation). The situation when the employer did not know about the pregnancy of the dismissed employee is stipulated in clause 25 of Decree of the Armed Forces of the Russian Federation No. 1, which states: since the dismissal of a pregnant woman at the initiative of the employer is prohibited, the lack of information from the employer about her pregnancy is not a basis for refusing to satisfy the claim for reinstatement at work. Consequently, the guarantee in the form of a ban on the dismissal of a pregnant woman at the initiative of the employer is also applicable to relations arising from the termination of an employment contract by agreement of the parties.

A similar decision was made by the St. Petersburg City Court in Ruling No. 12785 dated September 28, 2009. At the time of the conclusion of this agreement, the employee also did not know about her pregnancy. Upon learning, she sent the employer a statement with a refusal to fulfill the agreement in connection with the pregnancy and a certificate from the antenatal clinic, and despite this, she was dismissed by agreement of the parties.

The court pointed out that, when initially signing the agreement, the woman proceeded from the fact that her dismissal entailed legal consequences exclusively for her personally. However, in the changed circumstances, she realized that the termination of the employment contract could lead to a deterioration in the material well-being of her unborn child. Therefore, the court recognized the motives for abandoning the original decision as significant. But the employer did not take into account the materiality of these motives, did not consider it necessary to inform the employee of his opinion regarding her application for refusal to fulfill the agreement, although he had the necessary documents. These actions were qualified by the court as an abuse of the right.

Is dismissal by agreement of the parties legal if the dismissal agreement is not drawn up in a separate document?

The termination agreement may not be drawn up as a separate document. Let us consider as an example the Appellate ruling of the Moscow City Court dated March 18, 2016 in case No. 33-9523/2016. Resolving the dispute on reinstatement after dismissal by agreement of the parties, the court correctly considered the argument of the dismissed employee to be untenable that the parties had not signed an agreement to terminate the employment contract in writing. The Labor legislation does not indicate as a prerequisite for dismissal under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation signing a separate agreement (Article 78 of the Labor Code of the Russian Federation).

Is it permissible to dismiss an employee by agreement of the parties during the liquidation of the organization?

If the employee himself expressed a desire to sign a dismissal agreement, then dismissal by agreement of the parties is legal even on the day the organization is liquidated. When the employer offered to sign such an agreement to the employee immediately before the decision to liquidate the organization, then this dismissal is unlawful, since in fact there is a dismissal in connection with the liquidation of the organization.

Upon termination of the contract in connection with the liquidation of the organization, the employee must be provided with all the guarantees and compensations provided for by law. Thus, in the Bulletin of Judicial Practice of the Omsk Regional Court (No. 3 (44) for 2010) it is indicated: sometimes employers, in order to avoid paying compensation upon termination of an employment contract due to the liquidation of an organization, established by Art. 178 of the Labor Code of the Russian Federation, terminate employment contracts for other reasons, including by agreement of the parties, which entails the recognition of the dismissal as unlawful. Example - Determination of the Judicial Collegium for Civil Cases of the Omsk Regional Court dated January 27, 2010 in case No. 33-516 / 2010. In connection with the entry into force of Law No. 244-FZ, the employer decided to liquidate the organization. Employment contracts with casino managers were terminated by agreement of the parties the day before the liquidation. The court found the employer's actions illegal.

Is the employer obliged to pay compensation to the employee upon termination of the employment contract by agreement of the parties?

Labor legislation does not oblige the employee to pay compensation upon termination of the employment contract by agreement of the parties. However, if the condition for this compensation is contained in the agreement on termination of the employment contract and it is included there lawfully (does not contradict the requirements of labor legislation and previously fixed agreements), then the employer is obliged to pay compensation.

When an agreement on termination of an employment contract, which provides for the payment of compensation upon dismissal of an employee by agreement of the parties, contradicts, for example, a previously concluded employment contract or the Labor Code of the Russian Federation, the payment of compensation is illegal, which was pointed out by the Supreme Court of the Russian Federation in Ruling No. 36-KG15-5 dated 10.08.2015 . The employee was asked to terminate the employment contract by agreement of the parties with the payment of compensation. The condition for the payment of compensation upon dismissal was contained in an additional agreement to the employment contract. However, after the dismissal, the employer did not pay compensation in the agreed amount.

The court of first instance, where the woman applied, recognized the actions of the employer as correct, but then the court of appeal overturned this decision. Further, by a decision of the presidium of the regional court, the decision of the court of first instance was upheld - the employee was not entitled to compensation upon dismissal. The Supreme Court confirmed this, guided by the following. The court found that indeed the supplementary agreement to the employee's employment contract provided for social guarantees, including the obligation of the employer to pay the specified compensation upon termination of the employment contract with the employee in connection with the decision of the person exercising the rights and obligations of the employer.

Satisfying the claims of the employee, the court of first instance came to the conclusion that the condition provided for in the agreement on termination of the employment contract on the payment of compensation to the employee on the basis of an additional agreement to the employment contract is applicable in the event of termination of employment by agreement of the parties.

Wrong position of ships

Among other things, the court of first instance proceeded from the fact that the employer has the right to establish additional guarantees for the employee in excess of the mandatory ones determined by the labor legislation of the Russian Federation. In this regard, the agreement on payment of compensation upon termination of the employment contract is an unconditional right of the employer and cannot be recognized as violating the rights and legitimate interests of the parties to the employment contract, since there is no local regulation prohibiting the establishment and payment of compensation upon dismissal of employees in the organization.

Supporting the decision of the court of first instance, the presidium of the regional court pointed out that the labor legislation does not contain a ban on establishing conditions directly in the employment contract or additional agreements to it on the payment of an increased severance pay. In the opinion of the presidium, the agreement on termination of the employment contract is an act containing the norms of labor law, which, by virtue of Art. 11 of the Labor Code of the Russian Federation, the employer is obliged to be guided in labor relations with the employee.

The Court of Appeal sided with the employer. Reversing the decision of the court of first instance to satisfy the claim of the employee, he proceeded from the fact that the collective agreement, local regulations, labor contract do not contain conditions for the payment of monetary compensation to the employee precisely upon termination of the employment contract by agreement of the parties, labor legislation does not provide for this payment either.

The Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation also considered that the conclusions of the courts that satisfied the claim of the dismissed employee violated the norms of substantive and procedural law. Indeed, by virtue of Part 3 of Art. 11 of the Labor Code of the Russian Federation, all employers in labor relations and other directly related relations with employees are obliged to be guided by the provisions of labor legislation and other acts containing labor law norms.

Chapter 27 of the Labor Code of the Russian Federation regulates the provision of guarantees and compensations to employees related to the termination of an employment contract. The payment of severance pay to an employee is not due for any dismissal, but only for dismissal on the grounds specified in the law - a list of grounds for paying employees severance pay in various amounts and, in certain cases, termination of an employment contract is given in Art. 178 of the Labor Code of the Russian Federation.

Termination of an employment contract by agreement of the parties is one of the general grounds for termination of an employment contract under clause 1, part 1, art. 77 of the Labor Code of the Russian Federation - in this case, the law does not provide for the payment of severance pay to the employee.

But in addition to those established by law, additional cases of payment of severance pay and their increased amounts may be determined in the employment contract. The provision on this is contained in Part 4 of Art. 178 of the Labor Code of the Russian Federation.

Indeed, the employment contract and additional agreements to it provided for the payment of compensation upon termination of the employment contract with the employee (in addition to the grounds established by law). Here the Supreme Court, like the Court of Appeal, pointed to one essential condition contained in the listed documents: the payment was supposed only if the dismissal occurs by the decision of the employer, and the termination of the employment contract by agreement of the parties is not.

Therefore, the agreement on termination of the employment contract, which provides for the payment of compensation upon dismissal of an employee by agreement of the parties, was recognized by the Supreme Court as contradictory to the employment contract previously concluded by the parties, and Part 1 of Art. 9 of the Labor Code of the Russian Federation (by virtue of which the contractual regulation of labor relations must be carried out in accordance with labor legislation).

But if the condition on compensation upon dismissal by agreement of the parties was drawn up in a separate document and was not based on an agreement on compensation from an employment contract, the employer would have to fulfill it.

The correct position of the courts

In the opinion of the Supreme Court of the Russian Federation, the indication of the presidium of the regional court that the agreement on termination of the employment contract is an act containing labor law norms is also untenable. The list of acts containing labor law norms is given in Art. 5 of the Labor Code of the Russian Federation.

Among them, the employment contract and the agreement on termination of the employment contract are not named, since they do not contain labor law norms, but are agreements between the employee and the employer that determine the working conditions or the conditions for terminating the employment relationship of a particular employee. That is why the actions of the employer, who promised compensation to the employee upon dismissal by agreement of the parties, but did not pay the promised money, were recognized by the Supreme Court as not contrary to law.

Dismissal by agreement of the parties, that is, according to paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, - the procedure is quite simple. However, the employer should remember that the agreement must be bilateral. If the employee presents evidence to the court that this agreement was signed against his will, then the dismissal will be declared illegal. The employee should not forget that often the termination of the employment contract by agreement of the parties is carried out by the employer in order not to pay compensation to the dismissed person (for example, provided for upon dismissal at the initiative of the employer).

In preparing this part of the article, materials from the speech of the managing partner of the BLS law firm E. Kozhemyakina at the forum "Personnel Business - 2016" were used.

Resolution of the Plenum of the Armed Forces of the Russian Federation of January 28, 2014 No. 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors."

Federal Law No. 244-FZ of December 29, 2006 “On State Regulation of Organizing and Conducting Gambling and on Amendments to Some Legislative Acts of the Russian Federation”.

Dismissal by agreement of the parties provides that the employee, his employer agrees with the current situation. Sometimes employees themselves ask to enter such an option for terminating the agreement in the work book. Before making a final decision, clarify the pros and cons of this type of dismissal.

What does the agreement of the parties mean?

The dismissal of an employee from the company on this basis means that the management agreed with his decision. In contrast to leaving of one's own free will, when the interests of the enterprise remain in a secondary place.

The initiator of such termination of the contract may be the organization or the employees themselves. The key advantage of this option is that, having reached a mutual agreement, the parties can end the relationship at any time. The employment contract, additions to it, are drawn up in two copies, then the application of the dismissed person must be in two copies.

Although the legislation does not contain a sample of such an agreement, it does not require its additional preparation. Professionals recommend dismissing employees by agreement of the parties only after it is signed.

The Labor Code does not regulate the specific form of such an agreement, however, it must contain the following information:

data indicating the agreement of the parties, thanks to which they came to an agreement;
details of the current labor agreement;
the date after which the company must dismiss the employee;
financial nuances regarding the amount of compensation, if any, provided by law in this situation.

Pros and cons of dismissal by agreement of the parties.

Studying Article 78 of the Labor Code, you will find a lot of advantages in reaching an agreement with your employer:

You can leave the workplace immediately after the manager agrees to fire you. You do not have to work, additionally linger in your place.
When an employee is dismissed by agreement of the parties, registered with the Employment Service, he will be able to receive payments longer, in a larger amount.
This option of dismissal allows you to get a higher level of compensation than with a reduction in staff.
Record in the labor indicating 78 Art. TC makes the employee more attractive in the eyes of future employers, as it indicates his loyalty. This will provide an advantage to the employee in the subsequent job search.

In addition to the advantages, this option of dismissal hides significant disadvantages:

Dismissal, which is accompanied by an agreement between the parties, is not regulated by trade unions or other controlling organizations. For example, if a pregnant woman was fired by agreement of the parties, this confirms her voluntary consent and is not subject to appeal.
All compensation, severance pay due to staff in this type of termination of employment must be spelled out in the collective / labor agreement.

Step-by-step instruction.

Actions in this situation differ little from the algorithm for dismissal of one's own free will:

as soon as the employee applied for termination of the employment contract, agreements were reached, an order is drawn up for the enterprise;
the resigning person is familiarized with the issued document against signature;
an appropriate entry is made in the employee's personal card;
on the day of dismissal, an identical entry is entered in the work book;
the employee signs in the journal for receiving work books for the issued document;
on this day, a full settlement with the employee is carried out, the issuance of all remaining documents.

Which option to choose when planning to quit?

Let's take a look at the exit options:

for downsizing;
by agreement of the parties;
at will.

If you think about the job search planned in the future, then dismissal by agreement of the parties is the best option for breaking off labor relations.

On the one hand, it shows the employee as a person who is loyal to his company. He did not silently put the application on the table, but entered into a dialogue with the employer and found a compromise.

On the other hand, he looks like a specialist, a professional in his field, whom the management did not send to free bread during the first staff reduction.

It might be useful to read: