“What is the difference between dismissal by agreement of the parties and dismissal at one’s own request and what is its advantage?”
Formally, voluntary dismissal presupposes the presence of the will of only the employee, while dismissal by agreement of the parties presupposes the presence of the will of both parties.
This implies one of the advantages for the employer upon termination employment contract by agreement of the parties. If an employee has written a letter of resignation of his own free will, then he has the right to withdraw his letter before the expiration of the notice period for dismissal (of course, except established by law cases, for example, when another employee has already been invited in writing to take his place and who cannot be refused to conclude an employment contract). But in case of dismissal by agreement of the parties, such an agreement can be canceled only with the mutual consent of the employee and the employer (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code Russian Federation"). An employee will no longer be able to unilaterally decide to continue working. At the same time, we are obliged to warn you that in Lately in fact, the practice of courts is developing to recognize the right of pregnant workers to unilaterally refuse dismissal by agreement of the parties after signing the agreement.
See "The pregnant employee changed her mind about dismissal based on a signed agreement to terminate the employment contract"
Another difference, and for some employers an advantage, is that by agreement of the parties, termination of the employment contract is carried out within the terms agreed upon by the parties in this document. It is characteristic that the Labor Code of the Russian Federation did not provide for the boundaries of such terms (another gap). Accordingly, the parties are establishing them today. And they may not be equal to the number of days traditionally used for dismissal at the initiative of the employee (Articles 80, 71 of the Labor Code of the Russian Federation, etc.). They can be of any duration, for example, equal to one day or one month from the date of signing the agreement - as agreed by the parties. Sometimes it is inconvenient for management to let an employee go after 14 days, and it takes a little more time to find a replacement for him and carry out a full transfer of affairs. Then the agreement to terminate the employment contract is concluded with a more advanced dismissal date.
See "Working out by agreement of the parties"
Another difference is the payment upon dismissal. Upon dismissal at the initiative of an employee, the employer is obliged to pay the employee all payments due to him, provided for by law (wages, compensation for unused vacation, etc.). In case of dismissal, by agreement of the parties, in addition to the mandatory payments that must be paid to the employee for any type of dismissal, an additional payment, additional severance pay can be provided.
See "Compensation upon dismissal by agreement of the parties can be specified in the agreement, but not paid. Legal!"
Agreements on termination of employment contracts in accordance with Article 78 of the Labor Code of the Russian Federation with employees whose categories are indicated in Part 1 of Art. 349.3 of the Labor Code of the Russian Federation, cannot contain conditions on the payment of severance pay to the employee, compensation and (or) on the appointment of any other payments to the employee in any form.
Let us recall that in Part 3 of Art. 349.3 of the Labor Code of the Russian Federation mentions the following categories of workers:
- “managers, their deputies, chief accountants and members of collegial executive bodies state corporations, state-owned companies, as well as business entities, more than fifty percent of shares (shares) in authorized capital which is in state or municipal ownership;
Managers, their deputies, chief accountants of state off-budget funds Russian Federation, state or municipal institutions, state or municipal unitary enterprises."
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In progress labor relations there may be a need to terminate them, 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 must be taken into account that for most categories of workers, the legislation establishes a “working period” - 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 “working 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. To do this, you will need to obtain the consent of both parties, record it in writing and draw up a new document indicating 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 is necessary to take 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 Required 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 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 company for violating labor laws.
In accordance with the provisions of Article 80 of the Labor Code of the Russian Federation, this mechanism for terminating labor 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 organization’s management has the opportunity to reduce the “working out” 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 can agree on a termination date and establish a shorter or longer period of employment.
If an employee who is on probationary period, decided 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 the employee’s work book 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 annual rest, as well as other payments provided for by current legislation or an employment contract. Employees on a probationary period and resigning of their own free will 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 a second 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 for this agreement is a mandatory note on the mutual agreement of the parties to terminate 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 rest days are not accrued to him 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’s ability to terminate the relationship at any time without good reason 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 withdraw his application at any time before the expiration of the work period 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.
Each person may be faced with the question of what is better, dismissing an employee at his own request or by agreement of the parties. There are various reasons for laying off workers, and this can happen either at the decision of the citizen himself or at the discretion of the boss. A mark must be placed in the work book, which will then affect the ease of employment. If he stands, for example, of his own free will, then no problems will arise. The same can be said about leaving by agreement of the parties. However, you should know how they differ, because there really is a difference.
About voluntary reduction
Each employee may need to leave the organization, and the reasons for this may be different. Perhaps a more promising option for employment has appeared, or the conditions at the current place are not satisfactory, or wage. In any case, you will need to formalize your removal from office.
It is important to know the difference between voluntary dismissal and dismissal by agreement of the parties. To do this, first of all, let's consider the advantages and disadvantages of each option. Because there are inconvenient moments for employees and management, and vice versa positive sides specific type of abbreviation.
When leaving voluntarily, an employee must understand that he will most likely have to work for two weeks. In addition, you need to notify your superiors at least 14 days before the proposed dismissal. Of course, there are cases when a person does not legally need to work, or the company allows him to no longer perform duties. But such issues must be resolved on an individual basis.
Dismissal by decision can also have a negative impact on those who are planning to register with the employment service. If a person did not have valid reasons for terminating the contract, then his benefit will be minimal. Moreover, payments will begin only after three months. Therefore, those leaving should think about whether they want to immediately get a new job or want to receive benefits.
Of course, there are also positive aspects for the employee. First of all, he can withdraw his resignation letter if he wishes. After all, he is given two weeks before the final payment, and the boss cannot refuse to withdraw the application. The only thing is that they can refuse if another specialist has already been invited to this place. In other situations, you can change your mind about quitting and continue your activities in this company.
Read also The procedure for drawing up an application for resignation at your own request
Of course, the wording itself is an advantage, because it rarely raises questions during employment. This is much better than if the person was decided to be laid off by decision of the boss. It’s even worse when dismissal occurs for violating labor rules, for example, for theft at work or for absenteeism. Then it is more difficult to find a new place.
As for employers, they are also quite comfortable when they quit by their own decision. This option, by the way, is used during the reorganization or liquidation of a company in order to reduce staff at minimal cost. Considering that two weeks are given before an employee leaves, if necessary, the company can try to persuade the person to stay by discussing the reasons for leaving.
Dismissal by agreement of the parties
Often there are such reasons for leaving as at one's own request and by agreement of the parties. If the first option is clear, then in the second case people may not yet know what advantages it has. Conveniently, it is possible to accurately specify the conditions under which the employment contract will be terminated. Moreover, they are accepted by mutual agreement, therefore, both parties agree with all points. This minimizes the likelihood of litigation due to dissatisfaction of an employee or superiors.
Benefits for the manager:
- The dismissal period can be reduced. As you know, a person must be notified two months before the planned removal from office. However, in this situation it is not necessary to wait so long.
- You can reduce costs because it is possible to negotiate a specific amount of compensation.
- It is often possible to remove from a position someone who does not want to leave. For example, you can assign a profitable payment. It is also possible to fire someone who is on vacation or sick leave, if the agreement was signed before.
- In most cases, employees do not go to court. After all, they agreed to the terms and even signed.
Of course, if the employee quits by agreement of the parties, then there will also be positive aspects for him. The good thing is that you can preliminarily agree on a dismissal date and find another place of employment before that. You can also try to increase the required payments or ask for good recommendations.
Important! When applying to the employment center, payments will be accrued to a person immediately after receiving unemployed status. This happens a week after visiting this organ.
The employee is advised to carefully read the terms of the layoff, because compensation may not be specified there, or an inconvenient deadline will be assigned. These parts of the dismissal should be clearly established so that you don’t have to get upset later. If the employer does not comply with the terms of the agreement, then it will be possible to sue him. Therefore, the employee will be insured against unwanted events.
In accordance with Russian labor legislation, dismissal is recognized as the termination of the labor relationship between the employee and the employer.
It is also considered to be the release of an employee or employee from a government or other position, or the granting of the right to a military personnel to leave a military location or leave the place of service for a certain short, usually a period of time.
Paragraph 2 of Article 81 of the Russian Labor Code stipulates that reducing the number or staff of workers is a type of the most troublesome way of dismissing employees on the initiative of the employer.
When the number of workers becomes smaller total number employees of the organization, and when the staff of workers is reduced, the number of staff units for a certain position is reduced or the position itself is completely eliminated.
Rights upon dismissal and reduction
Workers' rights
The process of reducing staff or numbers, as well as dismissing employees, is a fairly common practice among employers. First of all, in any proper organization this is done with the aim of increasing the productivity of the enterprise.
However, ordinary workers suffer serious damage by losing their workplace, so they need to know theirs and what they can count on in the event of dismissal or layoff.
Employees have the right not to be dismissed due to staff reduction in the following situations:
- If these are women with children under 3 years of age;
- If this ;
- with minor children under 14 years of age (if the child has a disability, then up to 18 years of age);
- A man who is on parental leave instead of his mother;
- who is raising children without a mother (if she has passed away, she has been deprived of parental rights or is in a hospital in an inpatient department for more than a month, as well as for other reasons);
- An employee who provides guardianship over children under 14 years of age.
There is a list of categories of employees who have a preferential right to continue working in case of staff reduction: 
- Employees with higher qualifications and labor efficiency;
- Persons in families with at least 2 dependent people;
- Workers whose families do not have other workers with their own source of income;
- Disabled people;
- Military veterans.
Before dismissal, the employee must be notified in writing of this at least 2 months before the planned date of dismissal. Until this period expires, the employer does not have the right to dismiss an employee without his consent, otherwise the employee’s rights will be violated during staff reduction.
To restore his rights, the worker has the right to go to court, which, by its decision, can change the date of dismissal.
Plus, the employer will have to pay the employee for the period of forced absence from work (from the date of dismissal to the end of the two-month notice period). 
The employee also has the right to a reduced salary working week upon receipt of a notice of staff reduction. Once he receives his position, during the subsequent two-month period before the date of dismissal, the employee has the right to leave work for 4 hours per week to conduct searches new job.
On the final day of work, the employer is obliged to pay his employee in full; he must pay all due benefits and compensation. If such a day was not a working day for an employee, then that’s all cash should be paid after the employee applies.
Amounts of money that an employee will have to receive upon dismissal due to reduction:
- Salary for the month worked;
- (it is equal to average monthly earnings and is paid within two months);
- If the employee was not on vacation before the date of dismissal, he will receive
An employee has the right to receive leave upon dismissal due to staff reduction as regular and additional vacation days. In this case, he loses the right to receive compensation, and the dismissal procedure will continue after he returns from vacation.
Among other things, the employment or collective agreement may provide for other payments or increased amounts of severance pay.
Employer's rights
An employer has the right to dismiss an employee due to staff reduction in the following cases: 
- When it is not possible to transfer an employee to another workplace;
- When an employee agrees to be dismissed;
- Due to transfer to another position (possibly with advanced training).
The employer has the right to offer the employee not only a position with the same specialty and qualifications, but also another job that he can perform with his existing education, health and skills. If the employee agrees, the employer transfers him to another position by registration.
If the employee does not agree to work in the position that the employer provided him, or the employer does not have the opportunity to give him another job, then dismissal due to staff reduction is carried out in accordance with the Labor Code of the Russian Federation.
The employer has the right to issue it to the employee only on the day of termination of the employment contract with him. Until this day, the employer must have the work book.
The employer also does not have the right to refuse to provide work book employee and in the course of employment in connection with amendments to labor legislation from January 1, 2015.
What is the difference between dismissal and layoff?
Dismissal is general concept termination of labor relations between employer and employee.
Reduction, in turn, is a type of dismissal. Dismissal due to reduction is completely legal on the part of the employer on the basis of the Labor Code of the Russian Federation. A reduction in the number or staff of employees is usually carried out in connection with the improvement of methods and methods of work, optimization of the work process.
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.
Dear readers! Our articles talk about typical solutions legal issues, but each case is unique.
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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 the application to be marked with the date it was received, the position and the signature with a transcript.
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 respectful 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 pay 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. 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 during a probationary period. For employees employed under a fixed-term contract, the same rules apply as for those who entered into an open-ended 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 be shy about asking for severance pay when management suggests you quit. 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 of the Labor Code of the 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?
Concerning 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.