If you plan to leave the organization in the most beneficial way, it's worth considering everything existing species dismissals. In most cases, those resigning opt for the most popular form - “at their own request”.
The option of dismissal by agreement of the parties looks unusual and dangerous. However, there are situations in which it is preferable.
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Let's start with the laws governing situations related to dismissal. The first step is to study Article 78 of the Labor Code of the Russian Federation– on termination of the employment contract by agreement of the parties and Article 80– on termination of an employment contract at the initiative of the employee.
If you have questions regarding cash payments, please open Art. Art. 84.1, 140 Labor Code of the Russian Federation, and you may also find the Decree of the Government of the Russian Federation useful dated December 24, 2007 No. 922“On the peculiarities of the procedure for calculating average wages.”
All the features and nuances of dismissal
At your own request
According to Russian legislation, every person is free to choose labor activity and change jobs. The condition for leaving the organization may be employee initiative.
Who should apply? This depends on the rules of your organization. Somewhere the application is submitted to the manager, somewhere to the personnel department, and somewhere through the reception.
If a conflict situation arises, for example, they don’t want to sign your application, they lose it, or destroy it, you can protect yourself from troubles. Complete the application in two copies.
One is intended for the manager, and give the second to the HR specialist or secretary - you need the date on which it was received, the position and signature with a transcript to be stamped on the application.
Sometimes even this method does not help, but there is another loophole: send an application by mail. Please note that the letter must be registered, with notification and a list of attachments. Now you can easily prove in court that you submitted the application, because you have a document from the post office.
If you want to leave without working, and the employer asks you for documents proving that you have a good reason, he has the right to do so. Present a document or perform your job duties a couple more weeks.
If it turns out that you are sick, the period of work assigned to you is not interrupted. You will receive the money and labor you are entitled to while on sick leave.
After submitting your application you have the right to change your mind, unless a new person has already been invited to your position. However, you cannot be replaced by a new employee against your will.
Make sure that the correct entry appears in the employment record: with the correct designation of the article and the reason for your departure. It must contain a link to Art. 77 Labor Code of the Russian Federation and the text that you were fired of your own free will or on the initiative of your manager.
All words are written in full, without abbreviations or abbreviations. If you see an inaccuracy in the work report, insist that a new entry be made. Before it you need to indicate that the previous one is invalid.
Find out more about voluntary dismissal by watching the video:
By agreement of the parties
The most attractive difference of this type of dismissal is speed of registration. You must negotiate your resignation with management and put the agreement in writing, but the law does not require you to give advance notice of your resignation.
Any party can initiate your resignation: both the employer and you. If you are the initiator, you do not need to justify your departure.
Both parties have the right to nominate each other various conditions. For example, you can agree on the resigning employee receiving compensation (severance pay) up to a specific amount, length of service, transfer of responsibilities to another person, and so on. It's important to remember that all conditions are recorded in the document, otherwise they are considered invalid.
The employer may reject your initiative if he is not satisfied with the conditions. In such a situation, no one can force the other side, everyone is in an equal position. Neither you nor your employer you do not have the right to suddenly “change your mind” without the consent of the other party.
You can resign in this way while on vacation, during illness or probationary period. For employees employed under a fixed-term contract, the same rules apply as for those who entered into a fixed-term contract. fixed-term contract.
A pregnant employee also has the right to leave her position by agreement of the parties. True, if on the day the document was drawn up she did not yet know that she was pregnant, and then decided to remain in the organization, her actions are legal.
How does the dismissal procedure work? In the text of the application write: that you are resigning by agreement of the parties. Refer to the agreement details, otherwise your document is invalid. Please note that you must be notified in writing that an agreement has been drawn up. The document is signed by both parties.
You can download a sample letter of resignation by agreement of the parties.
Don't hesitate to ask severance pay when management suggests quitting. Please note that the organization is not obliged to pay it, and the law does not provide for any minimum size payments. This also applies to working out.
Accordingly, if you manage to reach a compromise with management, you can get a good amount of money, and the employer can protect itself by setting conditions for your departure. In any case, you will receive money for unused vacation and salary.
If you and your employer have drawn up and signed a mutually beneficial agreement, and after some time one of you decides to introduce new conditions, changing the text of the document can only be done by mutual agreement.
If you have committed a violation, the most favorable option for you and the employer will be dismissal by agreement. You won’t ruin your reputation, and management won’t have to justify the legality of their decision.
Make sure that the text appears in the work report “dismissed by agreement of the parties, part 1 of article 77 Labor Code Russian Federation".
For all the benefits of dismissal by agreement of the parties, watch the video:
What's the difference?
The main difference is in the initiator of the dismissal. It could be you, or it could be the manager. If you leave of your own free will, no one has the right to restrict you. But if you have chosen a form of care by agreement of the parties, you will need seek compromise with management.
If you agree, you don't have to tell us about your departure two weeks in advance. When you need to quit urgently, this option is ideal.
Dismissal by agreement of the parties provides an excellent chance to receive from the organization good monetary compensation. It will be especially easy to introduce such a condition if the initiator was the manager.
The text in the employment contract will vary (“dismissed by agreement of the parties” or “dismissed at his own request”). Both options will have no impact on your future career.
Which is better to choose?
The choice of one option or another depends on life circumstances. Situations when it makes sense to prefer self-care:
- there is a possibility that you will change your mind about quitting;
- you are interested in going through the dismissal procedure quickly and easily;
- you are satisfied with the payments and guarantees due;
- you are on vacation or sick leave.
Disadvantages: you do not receive any additional cash payments, you are required to notify management in advance of your desire to quit.
It's better to get away by agreement of the parties, If:
- you need to leave the organization as quickly as possible (for example, you have already been invited to another place);
- you are firmly convinced that you will not change your decision;
- there is an opportunity (recorded in writing!) to receive a large sum of money from the organization;
- you are planning to contact the employment service.
The main disadvantages of this type of dismissal: if you are dissatisfied with something, the court is unlikely to take your side. You receive only what is specified in the agreement and do not have the right to change the terms without agreement with management.
What is the best way to quit?
Regarding financial issue , in any case you get:
- salary for the period worked (including the date of dismissal);
- compensation for vacation if you did not use it.
Read what payments are made in case of dismissal by agreement of the parties in our.
Severance pay is provided only by agreement of the parties. This option is preferred by people occupying high positions, since they have more chances to get a decent amount.
When management asks to resign by agreement of the parties in order to reduce employees, it is unprofitable to agree. So you may lose compensation due to you due to redundancy or get a smaller amount.
If it happens that you have committed a serious violation in your work and are afraid of being fired under the article, dismissal by agreement of the parties can be a real salvation for your reputation.
This mechanism differs from other procedures in that the basis for creating an order is an agreement signed by the employee and the company. This design has its own nuances.
By agreement, the contract can be terminated at any time under Art. 78 TK. It is permissible to dismiss an employee even when he is on vacation or sick leave.
Article 78 of the Labor Code of the Russian Federation. 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.
So even the action may cease student contracts , which are terminated on the basis of the norms of Art. 208 TK.
Article 296 of the Labor Code of the Russian Federation. Termination of an employment contract with employees engaged in seasonal work
An employee engaged in seasonal work is required to notify the employer in writing of the early termination of the employment contract three calendar days in advance.
The employer is obliged to warn an employee engaged in seasonal work about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance.
When an employment contract with an employee engaged in seasonal work is terminated due to the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks' average earnings.
How are they different?
So, The only thing that is common here is that in both situations the initiative can come from the employee.
And there are many differences:
|
At your own request |
By agreement of the parties |
|
Impossible at the request of the employer |
Initiation by the employer is allowed |
|
The employee is required to draw up a statement that he is allowed to withdraw |
A written agreement is concluded that can only be terminated with the consent of both parties |
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Requires 2 weeks of employee service |
You can resign at any time if you reach agreement with your employer |
Difference in registration of dismissal
By agreement of the parties
This is a completely “peaceful” method of terminating an employment contract, but it has a large number of pitfalls. According to Article 78 of the Labor Code You can terminate a contract with an employee on this basis at any time. This means during vacation or probationary period.
It all starts with the initiative of one of the parties. A proposal is sent to the other party in writing. If agreement is reached, an agreement is formalized.
There are no special requirements for registration by law., but it is better to put it in writing. Its details are then indicated as the basis for the order. In the agreement, it is important to indicate the date of the upcoming dismissal, the basis for this and the conditions of the parties.
An entry is made into the labor record after the order is issued and the employee familiarizes himself with it with reference to clause 1, part 1, article 77 of the Labor Code.
As for payments, they are negotiated when concluding the agreement.
Their amount is not limited, but this must be reflected in the document. If this is not the case, then the calculation contains only the funds provided for by the Labor Code.
At your own request
Such dismissal requires a statement from the employee. It must contain the date of the upcoming departure from work, the basis (i.e. “at one’s own request”). The date of compilation is also required, as well as the signature of the employee.
Providing a reason is not a requirement. But if you need to leave without 2 weeks of work, then you must indicate the reason and prove it documented. In other cases, a petition for dismissal is sufficient.
After submitting the application, an order is generated. The order makes reference to clause 3, part 1, article 77 of the Labor Code, and indicates the details of the application. The order must be familiarized to the employee against signature.
In case of such dismissal, salary and funds for unused vacation are paid., including other amounts that are provided for by the collective or employment contract. If the vacation is “taken off” in advance, then the vacation pay is recalculated, and the amount is withheld from payments.
When registering with the central bank after dismissal, you are paid by agreement large amount compensation, but only if the agreement was initiated by the employer.
Pros and cons for the employer
By agreement of the parties
In this situation:
Unilaterally the employee cannot refuse the agreement or change the terms which is beneficial to the employer.
At your own request
Such dismissal has a serious feature, which is a plus for the employer - the employee is required to notify his plans in advance (2 weeks). But distinguishing feature also that the employee can stay, that is, withdraw the application before the expiration of the 14-day period, and the employer does not have the right to refuse.
Besides, required to pay, in addition to the last month's salary, compensation for vacation days , which the employee did not have time to use.
What's best for the employee?
By agreement of the parties
Among the advantages for the employee stand out:
- it can be initiated not only by the enterprise, but also by the employee himself;
- There are no deadlines for submission;
- the contract is terminated at any time;
- there is the possibility of “bargaining” - the terms and amounts of payments, etc. are discussed;
- an alternative option in the presence of employee guilt;
- the continuity of service with this formulation continues for another month;
- If you then register with the central bank, the benefit will be higher.
But there are also disadvantages:
- the employer has the opportunity to terminate the contract in any situation, even in cases prohibited by law;
- no union control;
- there is no mandatory severance pay unless this is stipulated in the collective agreement or the agreement itself;
- there is no possibility of withdrawing the application;
- There is little judicial practice, and it is almost impossible to challenge the employer’s actions.
At your own request
At the same time, a plus and a minus is the need for 14 days notice of dismissal. The disadvantage is that you need to work in this place for such a period of time. This problem can be solved if we reach an agreement with the employer and his loyalty. Dismissal by agreement is beneficial to the employee only in a situation where the employer offers impressive amounts of compensation.
The peculiarity of this “working off” is also that it is counted even if the person is on vacation or on sick leave, that is, you can submit an application in advance, and when the absence ends, you can immediately resign.
Another advantage is that before the expiration of 14 days you can withdraw your application and remain at work, and the employer will not be able to refuse.
The method of terminating an employment contract (at one’s own request) is the most beneficial for the employee.
In conclusion, it is worth saying that before making a final decision and choosing any of the methods of dismissal, you should think about everything in advance and weigh all the pros and cons.
Sometimes it is not possible to reach a satisfactory agreement with the employer. But this does not mean that you need to agree to no favorable conditions. It is important to remember your rights and take into account the specifics of the law.
Transfer to another position is also a type of dismissal procedure. However, it differs significantly from other mechanisms in that it immediately. However, there are many peculiarities here.
Differences between these two types
Classification
Dismissal by transfer is permitted by Article 72.1 of the Labor Code. The main difference from other types of care is the guarantee of employment. It can be internal and external.
- – occurs within an organization when an employee remains subordinate to the same employer, but his responsibilities or structural unit changes. This category also includes the movement of an employee to another area if the enterprise or company has changed its location.
- – an employee changes employer with the consent of both former and future employers. In this case, the employee transfers only to permanent work.
The transfer requires the consent of the employee. Exceptions occur only during internal reshuffling and are usually associated with force majeure: accidents, fires, liquidation of the consequences of disasters, and so on. Also, if a worker is transferred to the same position and with the same report, his consent is not always necessary.
Initiators
The initiator can be either an employee or a hirer.
- In the first case the employee is recommended to obtain an invitation from the future employer to guarantee employment. Then the employee writes a statement, and if the manager agrees, then the dismissal procedure can begin.
- In the second case the hirer must obtain a signed employee agreement for internal or external transfer.
Transfer of pregnant women, women on maternity leave, single mothers or large families at the initiative of the employer is prohibited.
Registration
If the agreement of all three parties is reached, where the reason for termination of the employment contract is indicated, the name of the company to which the employee is transferred, details of the documents, and it is also necessary to mention that the procedure is carried out with the consent of the employee or.
An entry is made in the work record, where the article is indicated - clause 5, part 1 of Art. 77, that is, dismissal due to transfer, and the reason is described - or his independent decision. When joining the staff at a new place of work, it is noted in the book that the employee was hired as a transfer. The employee must be paid and issued.
If an employee is dismissed in this way, the new employer does not have the right to refuse to employ him. However, this agreement only lasts 1 month. If during this time the employee does not have time to transfer - due to illness, for example, then the employer may refuse to hire him.
Methods
- - the most common and most unprofitable method for the worker. Does not include any guarantee of employment or compensation. In addition, he can receive the status of unemployed, as well as the payments due, only after 3 months.
- - a better option. At the same time, the work experience is retained for 1 month, the citizen receives the status of unemployed on the 9th day after registration, benefits are paid longer. It is also possible to receive compensation if the initiative to break labor relations came from the leader.
- - does not imply, but does guarantee compensation for at least 2 months, and in some cases even 3, if during this time the worker does not find a new place of employment.
- – initiated by the employer, does not provide any benefits and creates an unflattering reputation for the employee.
- – a fixed-term contract has a specified expiration date. If neither the employee nor the employer wants to extend it, dismissal is made within this period. Compensation is not specified, but an employee receives the status of unemployed in the same way as someone who quit by agreement of the parties - from the 9th day after registration.
All of the above methods do not imply employment, while this is guaranteed with translation.
Which is better - transfer or dismissal?
Dismissal due to transfer is the result of a tripartite agreement. This is one of the rare situations that benefits all parties to the contract. However, there are pitfalls here.
For employee
If the employee is satisfied with the proposed position and salary, then this method of dismissal literally consists of only advantages:
- the contract stipulates a clear date of departure;
- if at the same time the employee needs to move to a new place of residence, he has the right to demand compensation for the move;
- wages are maintained or even increased;
- compensation for unused vacation days is paid by the previous employer;
- an employee hired on transfer does not complete the probationary period;
- employment is guaranteed, so there is no need to register with the Exchange or look for a place of employment on your own.
The only drawback of this solution is that the job guarantee lasts 1 month. If during this time the employee does not go to a new place, the employer has the right to refuse him, so he will not be able to rest before new work achievements.
For the boss
Dismissal due to transfer is also beneficial for the employer if he is satisfied with the prospect of losing an employee. The advantages are as follows:
- dismissal due to transfer can also be initiated by the employer himself. When reducing staff or, this is a much more profitable method for the manager, since it eliminates compensation and additional payments;
- if the termination of the relationship was initiated by the employee, then by agreement the employer can stipulate the date of dismissal in his own interests: for example, so that the resigning employee has time to transfer his official duties to another employee.
The disadvantage is the possibility of losing a valuable employee.
Useful information
Dismissal due to transfer has some features:
- if the procedure was started at the initiative of the employee. He fills out an application in the appropriate form indicating the name of the organization and the position for which he is going to be hired. A letter of invitation from the future hirer is also required;
- if dismissal by transfer is proposed by the boss, a written agreement from the employee to the transfer is required - both external and internal;
- the dismissal order is issued only in the unified form T-8;
- the refusal of a new employer to hire an employee who resigned due to transfer and showed up before the end of the agreement is a violation of the law. The court imposes a fine of 10–20 thousand rubles. for an official, and up to 100 thousand for a legal entity;
- It is more profitable for an employee to achieve a tripartite agreement. The execution of such an order is accompanied by relevant documentation. The latter acts as proof of the offer if the future hirer refuses the place and the worker goes to court;
- the labor code prohibits the transfer of young specialists to positions that do not correspond to their qualifications and specialties;
- a transfer may be offered to a worker undergoing a probationary period. Moreover, at a new place of work a new probationary period is not assigned.
Dismissal by transfer is a slightly more complex procedure than leaving at your own request or by agreement of the parties. However, this option is beneficial for both the entrepreneur and the employee.
The video below will tell you how to properly process an employee transfer:
In the process of implementing an employment relationship, the need to terminate it may arise, so the question arises: “Dismissal at one’s own request and by agreement of the parties: the difference between them and which is better to choose?” In answering it, the first thing you need to pay attention to is who can initiate the termination of employment relations.
In the first case, when dismissal of one’s own free will, the initiator is an employee of the enterprise. To do this, it is necessary to send a statement to the management of the enterprise about the desire to terminate the employment relationship. This procedure is regulated by Article 80 of the Labor Code of the Russian Federation. It is necessary to take into account that for most categories of workers, the legislation establishes a period of “working” - the number of days that they must work after sending this document. In general, the duration of this period is 14 days, but in some cases it can be either reduced or increased. For example, when an application is submitted by the head of an enterprise, his period of service will be at least 30 days.
In the second case, the initiator of termination of employment relations can equally be both the employee and the management of the enterprise. Dismissal on this basis is regulated by Article 78 of the Labor Code of the Russian Federation. In this case, you will also need to draw up a statement, but in its text the party expressing a desire to end the relationship must offer to resolve this question through an agreement between the parties. It should be noted that in order to terminate an employment contract on this basis, both parties who entered into it must give their consent in writing.
Another important nuance that needs to be paid attention to is the procedure for canceling the termination procedure. In the case of voluntary dismissal, the employee may at any time before the expiration of the “work off” period withdraw his application and continue to work as usual. At the same time, the employer does not have the right to prevent the employee from exercising his legal right.
If the termination of the relationship occurs by agreement of the parties, then after signing the relevant document, neither party will be able to unilaterally cancel the decision made. To do this, you will need to obtain the consent of both parties, record it in writing and draw up a new document in which you indicate that the employment relationship will not be terminated.
Due to the fact that when signing a bilateral agreement, both the employee and the management of the enterprise make a conscious decision, which they confirm with their signatures, it will not be easy to challenge the dismissal under Article 78 of the Labor Code of the Russian Federation. Reinstatement at the enterprise will be possible in exceptional cases or if the employer violates the procedure for terminating the employment relationship established by current legislation.
In addition, the conclusion of an agreement often provides for certain monetary preferences for the employee, which compensate him for the loss of his job (if dismissed at the initiative of the employer). Otherwise, it makes no sense for an employee to enter into a deal that is initially convenient and beneficial only for the enterprise.
It must be taken into account that all the nuances and promises of the parties must be recorded in the text of the agreement. Only then will they have legal force, which provides certain guarantees of their implementation.
Advantages of terminating an employment relationship at will
The procedure for voluntary dismissal is the simplest for an employee. All you have to do is submit an application, work the required time, and then receive necessary documents and calculated. It should be taken into account that the notice of termination of relations should not contain any conditions or instructions from the management of the enterprise. Decision made must be completely voluntary and not impose any burden on the employee.
If this condition is not met, the dismissal executed on the basis of this document may subsequently be declared invalid as committed under duress. Moreover, if the violation was considered labor inspectorate, then an additional penalty will be imposed on the enterprise for violation labor legislation.
In accordance with the provisions of Article 80 of the Labor Code of the Russian Federation, this mechanism for terminating employment relations includes a number of nuances:
- Dismissal under this rule imposes on the employee the obligation to notify the management of the company where he works of his desire to terminate the employment contract no later than 14 days in advance. At the same time, the management of the organization has the opportunity to reduce the “working off” period.
- If the reason for termination of the relationship is the employer’s violation of labor legislation or due to objective reasons preventing the continuation of work (for example, for health reasons), the employee independently sets the date of termination of the contract.
- The resignation letter can be withdrawn by the employee at any time before the expiration of the “work off” period. The only exception is when the organization has already hired a new employee to replace him.
- The employment relationship will be considered continued if, after the expiration of a fourteen-day period (or another established when making a decision to terminate the contract), the employee actually continues to perform his job duties.
It must be taken into account that the specified period of “working out” is calculated starting from the next day after the management of the organization receives the relevant application. The parties to an employment contract may agree on a termination date and establish a shorter or longer period of employment.
If an employee on a probationary period decides to terminate his employment relationship with this enterprise, then, according to Article 71 of the Labor Code of the Russian Federation, he has the right to submit a letter of resignation 3 days before the expected date of termination of the contract.
On the last working day of a dismissed employee, the employer is obliged to:
- Draw up an order for the dismissal of the employee, in which indicate on the basis of which article this procedure is being carried out. In addition, it must contain a link to the document on the basis of which this decision was made. The employee must be familiarized with the order on the same day against signature.
- After this, this document is transferred to the personnel department, where an authorized employee draws up work book employee in accordance with the rules established by current legislation.
- Before the end of the last working day, the dismissed employee must submit the necessary documents and make the final payment. According to his application, HR department employees are required to prepare additional documents. For example, a tax report in the form
The amount of the final payment in accordance with Article 140 of the Labor Code of the Russian Federation includes wages for the last reporting period, compensation for unused days of annual rest, as well as other payments provided for by current legislation or the employment contract. Employees on a probationary period and resigning at their own request also have the right to receive this compensation.
Advantages of terminating an employment relationship by agreement of the parties
Termination of an employment contract by agreement of the parties is considered the most convenient for the employer, since it can be initiated at any time by either party. This procedure is enshrined in Article 78 of the Labor Code of the Russian Federation and provides for the execution of a written agreement between the employee and the management of the enterprise describing all the nuances of termination of the relationship. This document also regulates the terms of dismissal, transfer of payments, dismissal procedure and other additional information. guarantees.
To initiate this procedure, one of the parties must send the other a notice proposing an agreement to terminate the employment relationship. In this case, the other party must give a written response. If the offer is rejected, the employment relationship continues as usual. If consent is received, the approval procedure begins.
The main requirement put forward for this agreement is a mandatory note on the mutual agreement of the parties with the termination of the employment relationship. When all the nuances are settled, the employee and employer put their signatures on the document. After this, the agreement is considered to have entered into force and cannot be canceled at the request of one of the parties. Cancellation is possible only with mutual consent, which is extremely rare in practice.
By agreement of the parties, termination of the relationship can be carried out even during the employee’s vacation or sick leave. At the same time, compensation for vacation days that were not used will be included in the settlement funds in accordance with Article 127 of the Labor Code of the Russian Federation. All due payments must be transferred to the dismissed employee on his last working day, including severance pay, if it is provided for by law or secured by an employment contract or agreement.
If the worker has worked less than a year, then the vacation days allotted to him are determined based on the number of months worked. For each of them, in general, the employee is awarded 2.33 days of rest.
Moreover, if the last month has not been fully worked, then the rule enshrined in current legislation is used, according to which if an employee worked less than 15 days in the current month, then he is not accrued rest days for this period. If he worked more than 15 days, then he is credited with 2.33 days in full. For example, one of the employees being dismissed worked at the company for 8 months and 5 days. According to this rule, he will be accrued days of rest for 8 months (8 * 2.33 = 18.64). At the same time, another employee at the enterprise worked for 5 months and 20 days. He will be accrued days of rest for 6 full months worked (6*2.33=13.98).
The amount of payment for this time is determined based on the average daily wage of the employee. To determine it, the last 3 months of his work are taken into account. Accrued earnings for this period of time are divided by the number of days worked. The amount received is the average earnings for one working day.
Which method should I choose?
As noted above, on the part of the employer, dismissal by agreement of the parties is often preferable, since it is carried out taking into account his requirements on a predetermined day. In addition, in contrast to the termination of relations at the employee’s own request, termination of relations under Article 78 of the Labor Code of the Russian Federation can be carried out on the initiative of the management of the enterprise. In this case, the employer will not need to look for any reasons for this.
Dismissal by agreement of the parties is more convenient, as it provides a simpler procedure compared to many other methods of terminating an employment relationship at the initiative of the employer. To do this, it is enough to draw up an agreement that will stipulate all the nuances of this procedure.
The disadvantage of such termination of the contract is that often in order to implement it, the employer will be required to pay additional compensation to the dismissed employee. In addition, in the process of drawing up the agreement, it will be necessary to take into account the wishes of the employee.
From the employee's perspective, these disadvantages are advantages. But the employer has the opportunity at any time without good reasons terminating the relationship is a minus. That is why additional ones are used. payments - to smooth out the situation and persuade the employee to accept management's offer. Particularly relevant this method when an employee who has access to information that is a commercial or other secret protected by law is dismissed.
For an employee, voluntary dismissal is often more convenient, since it does not require any approval and is mandatory. In addition, if circumstances change, the worker can at any time before the expiration of the work period withdraw his application and continue working at this enterprise.
Each method has its own advantages and disadvantages, so the choice must be made based on the circumstances in each specific situation.