Dismissal by agreement of the parties: pros and cons for the employee, sample agreement

Work is an integral part of every person's life. It is work that allows you to use your knowledge and abilities to obtain both your own benefit and to benefit society.

The majority of people change jobs several times during their lives, and do this for various reasons. It is the reasons for leaving a job that often influence how this procedure will take place, what kind of relationship you will remain with the employer and whether you will be able to return.

Approach dismissal gently as responsibly as possible. In most cases, leaving one's previous place occurs at one's own request due to the fact that one is not satisfied with any terms of the contract or other circumstances. There are also cases when the employer initiates dismissal due to failure to fulfill job duties specified in the employment contract. The latter option may cause difficulties for the person who quits when finding a new job. In this regard, the employer and employee may come to an alternative method, which involves terminating the contract by agreement of the parties. It is this option that we will talk about, and we will also tell you what the pros and cons of dismissal by agreement are for the employee.

Features of the procedure

Dismissal by agreement of the parties is carried out by mutual consent. In this case, each party has certain benefits that can be lost if dismissed in other ways.

You can familiarize yourself with the implementation of this procedure in the Labor Code of the Russian Federation, in article No. 78. According to this article, an employment contract can be terminated at any time.

The use of this method was not very popular until a certain time. This was due to the fact that the workers had little understanding of the features of this method. It is to better inform employees that in this article we will talk in detail about dismissal by agreement of the parties, as well as what advantages and disadvantages it has for the employee.

The agreement to terminate the TD must be drawn up in two copies, and the text of the agreement itself does not have a strictly defined form. The Labor Code does not oblige the drafting of this agreement, but it is advisable for the employee to insist on drawing up an official document confirming his departure from work.

To begin drawing up an agreement, each party must put forward its own conditions for terminating the employment contract, and if these conditions are satisfactory to both parties, then we can proceed to drawing up an official paper.

Implementation of the out-of-court option

The procedure for divorce without court is faster and easier. However, in order to document a divorce, the registry office adheres to the following requirements:

mutual will to divorce;
the couple has no children under 18 years of age;
there are no conflicts regarding the division of property.

Couple's consent

To obtain a divorce in the registry office by mutual consent, both spouses are required to write and submit an application. And there is no need for everyone to visit the organization; your consent can be notarized and sent by mail.

A couple is divorced only when the parties are ready to document their intention. Mere verbal agreement is not enough.

Divorce in the registry office is permitted in the absence of joint children. Let us stipulate: dissolution of a marriage through legal proceedings is required only when the children are common.

Pros and cons for the employee

In addition to its advantages, this method also has disadvantages. Let's consider the positive and negative aspects of dismissal by agreement of the parties for the employee:

The employee has the right to independently name the date of his dismissal. There are no restrictions and you can terminate the employment contract even after a few days. This allows for compulsory service for two weeks upon voluntary dismissal;
The person resigning can independently present the conditions on the basis of which he will leave the organization. This allows you to present conditions for payment of compensation;
An entry in the work book confirming dismissal by agreement of the parties does not negatively affect further employment;

There are also certain disadvantages:

The amount of compensation is established during a joint discussion. In this regard, in some situations the employee will have to make concessions;
It is impossible to challenge an agreement drawn up and signed by both parties in the courts;
The absence of strictly specified rules for dismissal in this way in some cases may have a negative impact on the employee, since he will have to accept the employer’s conditions;
Unlike dismissal of one's own free will or due to failure to fulfill an employment contract, in the case under consideration, dismissal can be made while on vacation. This may negatively impact compensation or severance pay.

Before dismissal by agreement, you need to weigh all the pros and cons. Analyzing each method of leaving work will help minimize the negative impact on future employment.

Payment of compensation upon dismissal by agreement of the parties

How to receive severance pay by agreement of the parties?

Entry in the work book dismissal by agreement of the parties

Differences depending on the initiator

Both the employee and the employer can initiate the liquidation of a work contract for these reasons. At the same time, the main characteristic of this reason for the liquidation of a work contract is the expression of two parties. Therefore, in a situation where one of the participants is against the execution of such a contract, liquidation of the work contract for these reasons cannot be used.

A special characteristic of this procedure is that the work contract in the situation under consideration can be liquidated at some point. The law of the Russian Federation does not determine the procedure for registration and execution of an additional contract. In fact, a proposal to terminate a work contract for these reasons can be made in writing, indicating the circumstances under which the work contract will be terminated. In a situation of approval from the other party, they eventually register and sign

Additional contract in writing, confirming the circumstances discussed.

It is necessary to pay attention to two circumstances regarding the liquidation of a work contract: the date of termination of the work contract and the payment that the employer must make upon dismissal from the position. These circumstances are not controlled by law, so the parties are required to discuss this independently. As can be seen from practice, these are the main circumstances regarding the payment of a specific amount of finances to an employee upon dismissal from a position when making a verdict: agree to liquidate the work contract or refuse. In this situation, the employee and the employer are required to make a decision regarding the appropriateness of these payments and decide for themselves whether to say “yes” or “no” in relation to the conditions proposed by the other party.

Pros and cons for the employer

This method also has pros and cons for the employer, but the number of pros significantly outweighs the cons, so this method of dismissal is preferable not only for the employee, but also for the employer.

The advantages include:

There is no algorithm strictly defined by law. In this regard, each organization can offer its own terms of dismissal by agreement;
After signing the agreement, the resigned employee cannot challenge the employer’s actions in the courts;
If the employee is not interested in receiving compensation or other payments or he has not put forward his conditions, then the employer has the right not to reflect this clause in the agreement and, as a result, not to make payments;
Based on the agreement, you can fire not only an ordinary employee, but also someone who is on vacation or maternity leave. Thus, we can come to the conclusion that this method is preferable for the organization.

The disadvantages include:

Mandatory agreement of the employee with the terms of the agreement;
Compensation is paid only from net profit.

Dismissal procedure

Every employee should know about the procedure for his dismissal. This is necessary to exclude situations where an employer wants to deceive an employee and deprive him of compensation or severance pay.

Dismissal by agreement of the parties takes place in the following order:

After agreeing on the terms of termination of the employment contract orally, it is necessary to draw up a document confirming the dismissal. The document is drawn up in two copies;
Entering the agreement in the organization’s journals and handing over a copy to the employee for review;
Based on the agreement, the person resigning must draw up a resignation letter, which must be signed by the head of the company;
Drawing up an order and presenting it to the employee for review;
Calculation of compensation for an employee;
The HR department marks the termination of the employment contract based on the agreement of the parties. Internal documents of the organization are also filled out;
The employee is given all the necessary documents (starting with the work book and ending with certificates of income and length of service).

Methodology for dismissal from office under a contract between the parties

The Labor Code regarding dismissal from a contractual position of the parties is laconic: Article 78 makes it possible to terminate a labor contract for this reason at any time.
This means that it is possible to separate both during the probationary period and in the situation of giving leave with the next release from duty. The procedure for liquidating a work contract under the contract of the parties begins with the initiative of the employee or employer. The other party is sent in writing or verbally the necessary proposal. When both agree, a contract to liquidate the contract is registered. The work code does not provide type requirements, but it is a priority to have it in writing. This document will serve as evidence of the parties’ general agreement to terminate the working relationship, and its data will be written as the basis in the order to liquidate the work contract. The contract specifies the date of planned release from office, its basis and the circumstances agreed upon by the parties.

In certain companies, they do it differently: instead of forming a contract, the employer simply applies a resolution to the employee’s application for release from his position under the contract of the parties.

A contract for the liquidation of a work contract can be liquidated only with mutual consent of the parties

When the parties have signed the contract, an order is issued to liquidate the work contract under the parties' contract. Usually a general type of decree is used. It is mandatory to familiarize the employee with it and sign it.

Sample agreement

A sample dismissal agreement by agreement of the parties must contain the following information:

Date of termination of the employment contract;
Working period. This clause may be eliminated;
The amount of compensation payments and the period within which they must be made;
How and when the transfer of the position will take place;
The presence or absence of claims on the part of both parties.

Each company prepares a sample agreement for itself. For reference purposes, you can view a sample severance agreement by agreement of the parties using the link below.

Sample dismissal agreement by agreement of the parties.doc

What to do if you did something wrong?

Every person can accidentally misinterpret words or signals from their partner. This is fine.

That is why it is necessary to find out your partner’s opinion about what happened after sex. It’s worth discussing contraception (it’s trivial to find out whether the condom broke or not), asking if there was anything wrong.

It is important to update agreements periodically . Over time, the status of your relationship may change, desires and preferences may change, illnesses may appear or be cured. Such matters should be reported promptly.

Payment of compensation

Particular attention should be paid to the point regarding payments upon dismissal by agreement of the parties.

According to the Labor Code of the Russian Federation, the employer must calculate compensation payments after the dismissal of an employee. An employee has the right to receive:

Salaries for the period of time worked;
Reimbursement for unused vacation;
Severance pay (if it is provided for by the internal documents of the organization).

The Labor Code does not have a section that talks about calculating compensation payments. In this regard, each organization makes calculations based on internal documents.

Entry in the work book

After termination of the employment contract, the former employee must be given all the necessary documents. Particular attention should be paid to what will be written in the work book.

The reason for his dismissal is entered in the employee’s work book. If this happened on the basis of an agreement of the parties, then exactly the same wording should be indicated in the work book. It must also indicate the document number on the basis of which the dismissal occurred.

The former employee must sign the work book. This is a mandatory procedure that confirms the correctness of the written reason for termination of the employment contract. Also, the recipient of the book must put his signature in the internal documents of the organization, which will confirm its receipt.

Compensation upon dismissal by agreement of the parties: how to quit with money in hand