In what cases is an employment contract terminated? When the employment contract ends. Grounds for termination of an employment contract

Labor law clearly regulates the grounds and procedure for dismissing an employee, establishing by what rules and in what cases the employment contract is terminated. In this article we will talk about the most common reasons for which the dismissal occurs.

The grounds for dismissal are listed in Article 77 of the Labor Code of the Russian Federation. They can be grouped into the following grounds for termination of an employment contract:

  • at the will of the employee;
  • at the will of the employer;
  • by agreement of the parties;
  • for reasons beyond the control of the parties;
  • due to the expiration of the employment contract;
  • for other reasons.

Dismissal at the initiative of an employee

The employee has the right to stop any employment contract, both urgent and indefinite, on their own initiative. At the same time, employees must fulfill the mandatory conditions for terminating the employment contract. Usually this is the so-called “working off”, that is, the employee must warn about the planned dismissal in advance. By general rule- two weeks in advance, but in some cases the notice period may be longer (for the dismissal of managers) or shorter (for example, for dismissal during the testing period when hiring).

Dismissal at the initiative of the employer

The grounds for dismissal in these cases are established by Article 81 of the Labor Code of the Russian Federation, which provides for the following reasons for termination of an employment contract:

  • liquidation of a company or closure of an individual entrepreneur;
  • staff (number) reduction;
  • the employee’s inadequacy for his position;
  • change of company owner;
  • repeated disciplinary offenses;
  • single gross violation of duties (including absenteeism; appearing at work while intoxicated; disclosure of secret information; theft, embezzlement, damage to other people's property committed at the place of work);
  • loss of trust;
  • conflict of interest;
  • immoral offense (for employees performing educational functions);
  • fraud on the part of an employee when applying for a job;
  • cases provided for in the agreement with the company management.

For these cases of dismissal (except for the liquidation of a company and the closure of an individual entrepreneur), it is established general rule, according to which it is impossible to fire an employee during his vacation or incapacity for work. In addition, with regard to certain grounds for dismissal, provisions are made additional conditions termination of the employment contract. In particular, dismissal for theft is possible only if these facts are established by a verdict or order of a court or other law enforcement.

Dismissal by agreement of the parties

Such an agreement can be reached at any time. The only mandatory requirement for it is that the agreement be drawn up in writing. All conditions for dismissal on this basis (timing, amounts of payments) are determined by the parties at their own discretion.

Dismissal for reasons beyond the control of the parties

The law, in particular, includes among the reasons for such dismissal: the employee’s conscription into the army; reinstatement of a previously unlawfully dismissed person; failure to be elected to an elected position; bringing an employee to criminal liability; inability to perform work for medical reasons; death of an employee or employer ( individual).

Dismissal due to expiration of the employment contract

If the term of the employment contract has expired, it is terminated. The employer must notify the employee of the expiration of the period three days before dismissal. However, failure to comply with this condition according to existing judicial practice is not considered as a basis for declaring dismissal illegal. However, if none of the parties declared the termination of the fixed-term contract and the employee continued to perform work, then the employment contract remains valid, the term condition loses force, and the contract becomes indefinite.

In what cases is an employment contract terminated?

Answer or solution 2

In order to legitimize the relationship between the employer and the hired employee, an employment contract is concluded between them. And it can be terminated in different cases, which are also provided for in it. For example, if one of the parties does not fulfill the terms of the agreement, then it can be terminated unilaterally. This may be the case if the employee does not receive wages or is forced to do something that is not provided for in the contract. Or vice versa, the employee violates discipline, work schedule and the contract with him may be terminated because of this.

To begin with, it is worth understanding that an employment agreement or contract is a written agreement between an employee and an employer, which specifies the rights and obligations of the parties, terms of remuneration, social insurance, etc.

General provisions for termination of an employment contract

  1. The employer and worker agree to terminate the contract;
  2. The contract has expired;
  3. The employee moves to work for another employer or to another position.

Termination of contract for personal reasons

Situations when the initiative for termination comes from one of the individuals:

  1. At the initiative of the employee (impossibility of continuing work; change of owner of the organization or reorganization; change of location of the employer, etc.). In this case, you must express your desire to leave your position in writing to your employer two weeks before termination.
  2. At the initiative of the employer (termination of the activities of the employer - an individual; staff reduction; inconsistency of the worker with his position; failure by the employee to fulfill his duties without good reasons; gross violation labor responsibilities; loss of trust in the employee).

Termination of a fixed-term employment contract

Conditions for termination of a contract concluded for a short period:

  1. If the employment contract was concluded for a certain period of work, then upon the expiration of this period, the contract loses its force.
  2. If the employment contract was concluded for the period of absence of the personnel from the position, then it ceases to be in force with the return of the employee to his place.
  3. If the employment contract was concluded for a season (summer, spring, winter, autumn), then it ceases to be valid after the expiration of this season.

Termination of contract due to other circumstances

In connection with situations that do not depend on the will of the parties:

  1. Conscription of a worker for military or civil service;
  2. Restoration of the personnel who previously occupied this position;
  3. Failure to accept workplace;
  4. A court verdict prohibiting the employee from performing this work activity;
  5. A medical report proving the employee’s inability to labor activity;
  6. Death of one of the individuals - employee or employer;
  7. The onset of situations recognized by the Government of the Russian Federation as emergencies (war, natural disasters, epidemics, etc.);
  8. Administrative punishment prohibiting the performance of one’s duties;
  9. Expiration or deprivation of a worker’s special right (carrying a weapon, license, etc.) necessary for a given job.

In what cases is an employment contract terminated: grounds and requirements

Dismissal of an employee implies termination of the employment contract. This means that the employment relationship ends between the parties who signed the contract. The Labor Code stipulates several grounds for termination of a contract. Let's take a closer look at the cases in which an employment contract is terminated.

The Labor Code regulates several aspects in which an employment contract can be annulled.

Among others, there are general grounds for terminating an employment contract:

  1. Agreement of the parties.
  2. End of the contract period.
  3. Employee transfer.
  4. Refusal of an employee to perform duties under the new owner.
  5. Employee initiative.
  6. Leader's initiative.
  7. The employee’s refusal to work under new conditions.
  8. Disagreement with the transfer.
  9. A case that does not depend on the will of the parties.
  10. Violation of the terms of the contract.

An employment agreement can also be terminated for other reasons if they are provided for by law.

Employee initiative

Termination of an employment contract due to the employee’s wishes may be due to the following points:

  • Refusal to perform duties at will (in this case, the employee leaves the workplace in accordance with Article 80 of the Labor Code of the Russian Federation, submitting an application for termination of work duties two weeks in advance).
  • Refusal to fulfill labor obligations due to medical indications (the employee must submit a medical certificate, here he is either transferred to another position or quits completely).

Leader's initiative

When and in what cases is an employment contract terminated at the initiative of the employer? The legislation regulates the following cases:

  • Negative result of passing the probationary period: when applying for a job, the conditions for passing the probationary period must be agreed upon with the employee, as well as the grounds under which the contract can be terminated at this stage.
  • Change in essential conditions: these include a change in place of work, a change in position, a change in insurance conditions, a change in wage conditions, etc.
  • End of the agreement period: the manager is required to notify the employee of dismissal three days before the end of the agreement.

Agreement of the parties

In some cases, the dismissal of an employee entails the termination of the employment contract by agreement of the parties, since this is considered the best way out of the possible current situation. The initiator of such an action can be either an employee or a manager. The contract is terminated by mutual agreement, which is regulated by Art. 78 Labor Code of the Russian Federation.

Dismissal by agreement of the parties must be formalized by drawing up a certain list of conditions. In addition, such a measure should be aimed at resolving the existing conflict between the parties.

For example, not every employee will want to quit if the grounds for terminating the employment contract by the employer are far-fetched or if the candidate simply needs to be replaced for the position. Agreement between the parties helps to reach a common compromise.

Circumstances beyond the control of the parties

Sometimes circumstances occur that do not depend on the will of the parties. In what cases is an employment contract terminated:

  1. The employee is sent to military service.
  2. A court order requiring an employee who has served in the military to be hired at his previous place of employment.
  3. Negative result of election to an elected position.
  4. A court decision requiring an employee to serve a sentence.
  5. Presentation of a medical certificate indicating the employee’s incapacity for work.
  6. Death of an employee and a document confirming that the citizen is missing.
  7. Unforeseen situations or incidents.

Important points

  1. Pregnant women. According to legislative norms, women expecting a child cannot be fired, which is justified by Art. 261 Labor Code of the Russian Federation. But there are cases when the provision does not affect the termination of the contract. These include fixed-term contracts and the return to work of a temporarily absent employee, the liquidation of an organization or the termination of the activities of an individual entrepreneur.
  2. Persons under the age of majority. Termination of the contract in this case is possible only with the consent of specialized authorities for minors. The regulations for such actions are described in Art. 269 ​​of the Labor Code of the Russian Federation and does not apply upon termination of the company’s activities.
  3. Persons with family obligations. In this case, no reservations are provided. The law prohibits dismissal of women who are raising children under 3 years of age, as well as single mothers with children under 14 years of age. In addition, persons raising disabled children without mothers should not be deprived of their jobs.
  4. Persons belonging to a trade union. The dismissal of trade union members is provided for in Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
  5. Foreigners. An employment contract with foreigners can be terminated only upon termination of the period of validity of the residence permit, insurance, as well as for other reasons specified in Art. 326 Labor Code of the Russian Federation.

Decor

Previously, it was considered that an employment contract can be terminated in the event of an initiative by one of the parties or a general agreement, as well as due to situations beyond the circumstances.

Now we will indicate how the termination of the contract is documented. Firstly, if an employee resigns voluntarily, he must write a statement two weeks before the scheduled day. The document is written in the name of the manager and it should indicate the reason why the contract is terminated.

Secondly, if the dismissal occurs on the initiative of the manager, then a notification must follow from him, informing him of the upcoming termination of the contract. A similar document is sent within three days.

Further, regardless of which side the dismissal was announced and what the grounds for termination of the employment contract are, a dismissal order must be drawn up. This document is an official confirmation that the citizen no longer works in the organization. The order must reflect:

  • date of the last working day;
  • reasons for dismissal that do not contradict legislative norms with reference to the Labor Code;
  • circumstances that served to dismiss the employee (for example, committing illegal actions).

If the dismissal occurs by agreement, then you need to draw up a similar document that takes into account all the nuances of termination of the contract.

The employee must be familiarized with the order against signature.

Terms and payments

We have found out in what cases the employment contract is terminated; now we will consider the time frame within which employees or managers must warn each other about the upcoming dismissal. Everything will depend on the period for which the contract is concluded:

  • open-ended contract: the employee must write an application two weeks before the end of work;
  • fixed-term contract for two months, seasonal work: the manager must notify the employee three days in advance;
  • probationary period: notification of the employee must occur no later than three days;
  • agreement with the manager: notification of the person holding a managerial position must occur no later than 30 days;
  • contract with a coach (athlete): notice is sent one month in advance, unless the contract is drawn up for four months.

Payments and compensation to those employees with whom the employment contract has been canceled are regulated by Ch. 27 Labor Code of the Russian Federation. The amount of payments depends on the grounds for dismissal:

  1. Liquidation of an organization, reduction of staff: payment due cash in the amount of one month's earnings for two months.
  2. Refusal of an employee to be transferred to another position, conscription into the army, reinstatement of a temporarily absent employee, refusal of an employee to move to another location, recognition of an employee as incapacitated, refusal of an employee to accept new terms of the contract: two-week average earnings are due for payment.

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, inventory, 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 who are on probationary period. 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 in some cases, 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 in 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 on at 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, Labour 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, by registered mail with a description of the attachment 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 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 “dismissal due to article” in other materials on our website. 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 the employment contract expires 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.

In case of dismissal due to circumstances beyond the control of the parties, the employment contract is terminated due to conscription into the army, death, criminal prosecution, non-selection for the appropriate position, medical contraindications etc.

In what cases is an employment contract terminated?

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The section presents the Labor Code Russian Federation(Labor Code of the Russian Federation): articles, amendments Labor Code RF.

Chapter 13. Termination of an employment contract

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 locality 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).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

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

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of 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 a specific 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 fulfill seasonal work during a certain period (season), terminates at the end of this period (season).

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

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 this Code 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 an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in 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 norms labor law, 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.

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 this Code and other federal laws, cannot be denied an employment contract.

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, 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.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by 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 the organization’s employees, 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 fulfill his job duties without good reason, if he has disciplinary action;

6) one-time gross violation employee's job 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 (shift) );

b) the appearance of an employee at work (at his workplace or on the territory of an organization - 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;

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) 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) making 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 this Code 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 (as vacant position or a job that corresponds to the employee’s qualifications, as well as a vacant lower position or lower paid job) 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.

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.

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.

Article 82. 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

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance 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 dismissal are determined in sectoral 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 one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for the dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, the certification commission a representative of the elected body of the relevant primary trade union organization is required to be included.

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.

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

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;

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;

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;

7) the occurrence of emergency circumstances that prevent the continuation 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 an authority state power the corresponding subject of the Russian Federation;

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

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 manage vehicle, the right to carry weapons, other special rights) 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;

12) 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 work on the territory of the Russian Federation economic activity.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9 or 10 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 (either a vacant position or a job corresponding to the employee’s qualifications, or a vacant position). 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.

An employment contract on the basis provided for in paragraph 12 of part one of this article is terminated no later than the end of the period established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation to bring the total number of employees who are foreign citizens or stateless persons to compliance with the permissible share of such employees.

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law

An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), 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 document on education, if the work requires special knowledge in accordance with federal law or other regulations legal act;

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 concerning the attraction to work of citizens dismissed from government or municipal service;

in other cases provided for by federal laws.

In the cases provided for in part one of this article, the employment contract is terminated 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.

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.

Article 84.1. General procedure for registering termination of an employment contract

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). In the event that an order (instruction) to terminate an 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 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 this Code or other federal law, he retained his place of work (position).

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

An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

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 relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. 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.

This legislative act is directly related to

The article was written based on materials from the sites: glavkniga.ru, vashurok.ru, businessman.ru, russia-in-law.ru, www.freshdoc.ru.

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

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 various concepts. 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. There is one way to live life that allows each of us to avoid large quantity 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.

The labor law clearly regulates the grounds and procedure for dismissing an employee, establishing by what rules and in what cases the employment contract is terminated. In this article we will talk about the most common reasons why dismissal occurs.

Grounds for termination of an employment contract

The grounds for dismissal are listed in Article 77 of the Labor Code of the Russian Federation. They can be grouped into the following grounds for termination of an employment contract:

  • at the will of the employee;
  • at the will of the employer;
  • by agreement of the parties;
  • for reasons beyond the control of the parties;
  • due to the expiration of the employment contract;
  • for other reasons.

Dismissal at the initiative of an employee

An employee has the right to terminate any employment contract, both fixed-term and indefinite, on his own initiative. At the same time, employees must fulfill the mandatory conditions for terminating the employment contract. Usually this is the so-called “working off”, that is, the employee must warn about the planned dismissal in advance. As a general rule, two weeks in advance, but in some cases the notice period may be longer (for dismissal of managers) or shorter (for example, for dismissal during a testing period when hiring).

Dismissal at the initiative of the employer

The grounds for dismissal in these cases are established by Article 81 of the Labor Code of the Russian Federation, which provides for the following reasons for termination of an employment contract:

  • liquidation of a company or closure of an individual entrepreneur;
  • staff (number) reduction;
  • the employee’s inadequacy for his position;
  • change of company owner;
  • repeated disciplinary offenses;
  • single gross violation of duties (including absenteeism; appearing at work while intoxicated; disclosure of secret information; theft, embezzlement, damage to other people's property committed at the place of work);
  • loss of trust;
  • conflict of interest;
  • immoral offense (for employees performing educational functions);
  • fraud on the part of an employee when applying for a job;
  • cases provided for in the agreement with the company management.

For these cases of dismissal (except for the liquidation of a company and the closure of an individual entrepreneur), a general rule has been established according to which it is impossible to dismiss an employee during his vacation or incapacity for work. In addition, in relation to certain grounds for dismissal, additional conditions for termination of the employment contract are provided. In particular, dismissal for theft is possible only if these facts are established by a verdict or order of a court or other law enforcement agencies.

Dismissal by agreement of the parties

Such an agreement can be reached at any time. The only mandatory requirement for it is that the agreement be drawn up in writing. All conditions for dismissal on this basis (timing, amounts of payments) are determined by the parties at their own discretion.

Dismissal for reasons beyond the control of the parties

The law, in particular, includes among the reasons for such dismissal: the employee’s conscription into the army; reinstatement of a previously unlawfully dismissed person; failure to be elected to an elected position; bringing an employee to criminal liability; inability to perform work for medical reasons; death of an employee or employer (individual).

Dismissal due to expiration of the employment contract

If the term of the employment contract has expired, it is terminated. The employer must notify the employee of the expiration of the period three days before dismissal. However, failure to comply with this condition, according to existing judicial practice, is not considered as a basis for declaring the dismissal illegal. However, if none of the parties declared the termination of the fixed-term contract and the employee continued to perform work, then the employment contract remains valid, the term condition loses force, and the contract becomes indefinite.

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).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 78. Termination of an employment contract by agreement of the parties

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

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

(part one in ed. Federal Law dated June 30, 2006 N 90-FZ)

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

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 this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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 this Code and other federal laws, cannot be denied an employment contract.

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, 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.

Article 81. Termination of an employment contract at the initiative of the employer

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

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(clause 3 as amended by Federal Law dated June 30, 2006 N 90-FZ)

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);

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(clause “b” as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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) making 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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

12) has become invalid. - Federal Law of June 30, 2006 N 90-FZ;

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 this Code 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.

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.

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

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.

(Part six introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 82. 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 amended by Federal Law No. 90-FZ of June 30, 2006)

The provision of part one of Article 82 of this Code, according to which, when making a decision to reduce the number or staff of employees of an organization and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union in writing organization no later than two months before the start of the relevant activities, in the system of current legal regulation means that the employer, when making the appropriate decision, is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months before the start of termination of employment with employees treaties (determination of the Constitutional Court dated January 15, 2008 N 201-O-P).

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months before the start of the relevant activities. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

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;

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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

7) 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 a government body of the relevant subject of the Russian Federation;

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

(Clause 8 introduced by Federal Law No. 90-FZ of June 30, 2006)

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;

(Clause 9 introduced by Federal Law dated June 30, 2006 N 90-FZ)

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

(Clause 10 introduced by Federal Law No. 90-FZ of June 30, 2006)

11) 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 introduced by Federal Law dated June 30, 2006 N 90-FZ)

12) 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;

(Clause 12 introduced by Federal Law dated December 30, 2006 N 271-FZ)

13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.

(Clause 13 introduced by Federal Law dated December 23, 2010 N 387-FZ)

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 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 (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) 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.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated December 23, 2010 N 387-FZ)

An employment contract on the basis provided for in paragraph 12 of part one of this article is terminated no later than the end of the period established by the Government of the Russian Federation for employers carrying out certain types of economic activities on the territory of the Russian Federation to bring the total number of employees who are foreign citizens or stateless persons to compliance with the permissible share of such employees.

(Part three introduced by Federal Law dated December 30, 2006 N 271-FZ)

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law

(as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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;

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated December 25, 2008 N 280-FZ)

concluding an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code or other federal law;

(paragraph introduced by Federal Law dated December 23, 2010 N 387-FZ)

in other cases provided for by federal laws.

(paragraph introduced by Federal Law of June 30, 2006 N 90-FZ)

In the cases provided for in part one of this article, the employment contract is terminated 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.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 84.1. General procedure for registering termination of an employment contract

(introduced by Federal Law No. 90-FZ of June 30, 2006)

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). In the event that an order (instruction) to terminate an 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 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 this Code or other federal law, he retained his place of work (position).

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

An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

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 relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. 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.

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.

The initiator of termination of the contract by this basis in most cases it 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. This 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 is enrolled in educational organization, retirement 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 by 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 sole breadwinner a disabled child under the age of 18 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 in an employment relationship.

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 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 said work(positions) in connection with the liquidation of an organization or termination of activities by an individual entrepreneur or absence from the organization, the individual entrepreneur has a corresponding job (position) all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not more than 6 months, and in the case of receiving education - for a period of 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 Chief Accountant have the right, on their own initiative, to contact 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 can 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. except for the change labor function employee.

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 part-time (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 wage the employee is 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, the employee needs a temporary transfer to another job for a period of more than 4 months or permanent translation, then if he refuses the transfer or the employer does not have the corresponding work, 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, in accordance with 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 of this 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 structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring 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 transferring an employee 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 government agencies of the constituent entities of the Russian Federation, persons working in local government bodies, employees municipal institutions are determined accordingly by regulatory legal acts of 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 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, 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.

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 applying 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 on accounting of 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").