Termination of an employment contract: reasons, grounds and requirements. Termination of an employment contract

29.09.2019

Dismissal or termination employment contract– termination of the relationship between the employee and the employer at the initiative of either party. Like any other personnel job, termination must be accompanied by established procedures, which include:

advance warning of intention to terminate the contract;
working off;
documentation;
final settlements with the employee.

The procedure for terminating an employment contract has its own subtleties, depending on the reason for dismissal and, above all, on who initiated it - the employer or the employee.

The procedure for terminating an employment contract at the request of the employee (Article 80 of the Labor Code of the Russian Federation)

The most common reason for dismissal is the employee’s own desire. In such cases there are general rules termination of employment relationships, which are as follows:

The employee submits a written resignation letter addressed to the manager.
As a rule, 14 days pass from the date of application to termination of the contract. This is the so-called “working off”, during which the employee completes his current affairs, transfers accountable property, etc. During this period, the employer has the opportunity to find a new candidate for the vacant vacancy, accept working documentation and valuables from the employee, conduct an audit, prepare all the necessary orders and accrue the funds due for payment. As for the working period, it can be reduced by agreement between the employer and the employee. During this period, the resigning employee has the right to “change his mind” and withdraw his application.
Termination of an employment contract at the request of the employee is accompanied by a number of actions on the part of the employer:
- a dismissal order is issued;
- the work book is filled out - a record of dismissal is made indicating the grounds, a link to the relevant article of the Labor Code of the Russian Federation, details of the order, certified by the signature of the responsible employee and the seal of the organization;
- a cash payment is calculated, which includes wages for actually worked days, compensation for unused vacation, payment for overtime, etc.;
- on the day of dismissal, the employee gets acquainted with the order (under signature), he is given a copy (upon request), and the work book is returned; the amount due is paid in full.
The date of dismissal is considered to be the employee’s last working day, when he must review personnel documents, put his signatures where required and collect work book.

As a rule, there are no complications when processing departures at will doesn't happen. But here some nuances may arise if the employee for some reason did not want or was unable to obtain documents. In such cases, the personnel employee proceeds as follows:

in the absence of the dismissal person’s signature on the order, makes an appropriate entry on the main copy and copies;
sends a notice to the employee who did not show up for the work book with a requirement to pick it up from the employer;
if a dismissed person fails to apply for a work book on time, ensures its issuance within 3 working days;
At the request of the employee, it is possible to send a work book by mail.

It is extremely important to complete the procedure no later than the day the work contract is terminated, otherwise the dismissal may be considered invalid: this is not the case when it is permissible to draw up documents “retroactively”.

There are situations in which termination of an employment contract at the initiative of an employee deviates slightly from the standard scheme. Basically, changes occur in terms of the duration of mandatory “working off”, namely:

The head of the organization is obliged to give notice of his intention to leave one month before the expected date of dismissal.
Employees have the option to stop labor relations without processing, if this occurs due to the following circumstances:

admission to study at a university or secondary vocational institution;
retirement;
moving to another locality;
dismissal due to violations of standards labor legislation on the part of the employer.

Agreement of the parties

Dismissal by agreement of the parties is considered a “compromise” option between the employee and the employer. It can be caused either by the desire of the employee or by the decision of the employer; in any case, this is possible provided that the parties manage to reach an “amicable” agreement. Termination of employment relations is formalized by agreement of the parties as follows:

the employee fills out an application requesting dismissal under Art. 77 clause 1 of the Labor Code of the Russian Federation;
the employer prepares an order, an agreement to terminate the employment contract, and makes an entry in the work book about dismissal by agreement.

This formulation may provide certain benefits to the dismissed person: monetary compensation from the employer, the opportunity, if necessary, to apply for unemployment benefits based on the amount of wages. The employer may also be interested in the agreement: for example, this way he receives a guarantee that the employee will leave the organization on a specific date, since the statement in case of dismissal by agreement does not have retroactive effect.

Termination of employment relations at the initiative of the employer

The Labor Code of the Russian Federation (Article 81) provides a whole series grounds for termination of an employment contract by the employer. To general grounds applicable to all employees, with the exception of individual categories, include:

staff reduction;
official inadequacy of an employee due to low qualifications, proven by certification activities;
gross violation labor discipline(absence from work without a good reason, being drunk at the workplace), disclosure of confidential information;
systematic failure to comply job responsibilities(presence of several disciplinary punishments);
material damage intentionally caused to the employer;
non-compliance with safety and labor protection requirements, resulting in an emergency situation, causing harm to the life and health of people, property damage;
providing false information and fake documents during employment.

There are also reasons for dismissal that are specific to certain positions, provided for by individual legislative acts, for example, loss of confidence for employees associated with money; immoral behavior for teachers or finding a government employee owning his own business.

To become the basis for termination of an employment contract by the employer, all these facts must be established and documented: acts, medical reports, memos and memos, court decisions, etc.

The only unconditional basis for the dismissal of any employees is the liquidation of the company; in all other cases there are restrictions that relate to:

women during pregnancy;
workers with children under 3 years old;
single mothers and persons raising children under 14 years of age without a mother;
employees who have a child with a disability - until he reaches adulthood;
You cannot fire an employee while he is temporarily unable to work or is on vacation.

Termination of a contract at the initiative of the employer has many nuances arising from the specific reason for dismissal. For example, the procedure related to liquidation and reduction includes, first of all, notice of termination of the employment contract, sent to the employee 2 months before dismissal, as well as payment of severance pay. In some cases, the employer is obliged to first offer the employee to move to another position, and after refusal, he can terminate the employment relationship.

Dismiss the violator of discipline - even more difficult task, which is carried out in several stages and is accompanied by the collection of evidence.

Thus, the procedure for terminating the contract depends on the article of the Labor Code applied upon dismissal, each of which deserves separate consideration.

Termination of a fixed-term employment contract

Work on fixed-term contract- a special case. By signing it, both parties agree that after a certain period their employment relationship will end. Moreover, the possibility of their extension may or may not be provided. However, such a contract does not automatically terminate on the date specified in the agreement.

The urgency of the contract does not exempt the employer from warning the employee 3 days before the date of dismissal - the notice must be given to the employee personally or sent by mail. Otherwise, the contract will be considered extended for an indefinite period, that is, it will become indefinite.

In the usual manner, termination of a fixed-term employment contract occurs in connection with the completion of work (temporary, seasonal), for which the person was brought into the organization, or the departure of a temporarily absent employee, in whose place the dismissed person worked. The difference between a fixed-term contract and a regular one is that it gives the employer the right to part with a temporary employee, even if he will be on sick leave or on vacation by the time the agreement ends.

The fact that the contract has a certain period is not an obstacle to the temporary employee leaving at his own request. To terminate the employment relationship early, you must write a statement, and after 2 weeks you can be free from your duties. Other dismissal options also apply to conscripts - by agreement of the parties, at the initiative of the enterprise.

Difficulties for the employer can arise only in one case: if a pregnant woman turns out to be a worker under a fixed-term contract. It is impossible to fire her due to this circumstance, but you can wait until she receives the right to go on maternity leave. Until this moment, personnel officers have the right to request a pregnancy certificate from a woman every 3 months and, on its basis, renew the contract. A woman who is not in a hurry to go on maternity leave and continues to work “all the way” and beyond can be fired on completely legal grounds within a week from the day the employer receives information about the end of the pregnancy.

What should an employer do if a person in whose place a pregnant employee works has returned to work? Since in in this case a permanent employee has priority rights, legislators “safeguarded” organizations by allowing them to fire a replacement if he does not agree to move to another job. The place offered by the employer must meet only one requirement - correspond to the health status of the pregnant woman, and does not necessarily have to be equivalent in terms of pay and position.

Labor legislation also provides for other situations requiring termination of an employment contract. They cannot be classified as normal personnel practice, but such cases often occur:

transfer to another organization based on the employee’s application and confirmation from the new employer;
dismissal for health reasons, if the employer does not have another job suitable for the employee (grounds for dismissal - medical report, written refusal of the employee);
departure of personnel due to internal changes in the organization (change of owner, deterioration of essential working conditions, relocation of the enterprise to another area) - the actions of the employer in such cases are similar to layoffs;
force majeure and other circumstances beyond the control of the parties, such as the mobilization of an employee for conscript service, death of an employee, natural disasters - the employment contract is terminated if there are documents confirming the fact of the incident.

The employer has the right to terminate the employment contract with the employee on his own initiative. But there must be good reasons for this.
This article states that grounds for termination labor activity employee at the initiative of the employer are:

liquidation of the enterprise;
termination of the activities of the individual entrepreneur;
reduction;
the inadequacy of the employee for the position he occupies;
change of owner of the employer's property;
numerous violations of labor discipline, as well as internal regulations;
repeated neglect and disregard of one’s work responsibilities;
absenteeism;
alcohol or drug intoxication of the employee;
disclosure of state (or other) secrets;
committing theft or another offense at the place of work involving embezzlement of funds or damage to someone else's property;
violation by an employee of labor safety rules, which resulted in an accident at work;
loss of trust from the employer;
committing an immoral act;

In order to dismiss an employee at the initiative of the employer, all of the above violations must be recorded by the employer and witnesses. The employee must be familiar with all documents. When committing an offense that is grounds for dismissal, the employer must obtain a written explanation from the employee. If the employee refuses to write it, the employer must draw up a corresponding act, which, in addition to his signature, will contain the signatures of two more witnesses. Only after this can a dismissal order be issued.

Grounds for termination of an employment contract at the initiative of the employer

An employer can dismiss an employee only on the above grounds. We need to look at them in more detail:

liquidation of an enterprise or termination of the activities of an individual entrepreneur. An employer can be either a legal entity or an individual entrepreneur. When a business closes, all employees are laid off;
reduction of positions or the total number of employees of the enterprise;
the employee occupies a position for which he is not qualified. Non-compliance is determined by conducting certification of workers;
change of ownership of the employer's property. On this basis, only the head of the enterprise, his deputies and the chief accountant can be dismissed. For other employees, this is not a reason for dismissal;
the employee systematically violates discipline, as well as internal regulations. When starting a job, the employee must be familiar with these rules by signing his/her signature in the appropriate journal. If this is not done, then it is quite difficult to apply this ground for dismissal;
the employee systematically fails to fulfill his job duties as prescribed in his job description. Upon starting a job, the employer must familiarize the new employee with job description, which indicates all the employee’s job responsibilities. The employer has the right to dismiss on this basis only if the employee already has a disciplinary sanction on the same basis;
absenteeism. Absenteeism is the absence of an employee from work without good reasons more than 4 hours in a row;
the employee came to work under the influence of drugs, alcohol or toxic substances. This fact must be confirmed by a medical report. The presence of a characteristic odor is not grounds for dismissal;
disclosure of state (or other) secrets. On this basis, it is possible to dismiss only an employee whose work activity is directly related to state (or other) secrets;
committing theft or another offense at the place of work involving embezzlement of funds or damage to someone else's property. The fact that such an offense has been committed must be proven by a court verdict in a case of an administrative offense;
violation by an employee of labor safety rules, which resulted in an accident at work. The fact of violation must be established by commissions for the investigation of industrial accidents;
loss of trust on the part of the employer. It is possible to dismiss on this basis if the employee’s work is related to the maintenance of monetary and material assets;
committing an immoral act that disgraces the moral character of a teacher;
making a decision by the head of the enterprise that led to financial losses;
repeated neglect by the manager, his deputies and the chief accountant of their job responsibilities, which led to financial losses in the enterprise;
submission by the employee, when concluding an employment contract, of forged documents or information that does not correspond to reality;
violation of clauses of the employment contract.

Procedure for terminating an employment contract

If an employee decides to dismiss one of his employees, and there is one of the above grounds for this, he must follow the dismissal procedure. Otherwise, the employee can sue the employer, challenge the dismissal, and be reinstated.

Before dismissing, an employer must:

agree on all the conditions for the upcoming dismissal;
find out whether this employee belongs to categories that are not subject to dismissal;
pay severance pay and compensation for dismissal. This doesn't always need to be done!

In some cases, the employer must take into account the opinion of the trade union organization. This is necessary in the following cases:

when staffing is reduced;
if the employee occupies a position for which he does not correspond;
if he systematically violates discipline.

In addition, you cannot fire:

if an employee is sick;
is on vacation;
a pregnant employee, even if she skips work;
women raising children under 3 years of age;
single mother if the child is under 14 years old. And if he is disabled, then until he turns 18;
an employee whose dependent children are under 14 years of age.

An exception to these rules is the liquidation of a company. The above rules do not apply if a legal entity or entrepreneur completely ceases its activities.

In Art. 178 of the Labor Code of the Russian Federation specifies cases when an employer must pay a dismissed employee severance pay.

In what cases is termination possible?

Termination labor contract with an employee on the initiative of the employer is possible only in cases where the identified violation or misconduct of the employee is properly recorded. That is, the employer bears a large burden of administrative work.
If the reason is staff reduction or liquidation of the enterprise (termination of activities), then employees must be notified 2 months before the proposed events. In addition, they need to pay severance pay.

In all other cases, when the employee’s guilt is evident, it must be recorded and documented. For example, an employee came to work while intoxicated. He smells the part. But smell is not grounds for dismissal. It is necessary to visit with the employee a medical institution that is licensed to conduct examinations. After passing the necessary tests, the doctor will issue an appropriate conclusion, which will be certified by the seal of this institution. This conclusion will become the basis for imposing on this employee disciplinary action in the form of dismissal. Accordingly, it will be necessary to issue an order based on this paper. But it is imperative to require written explanations from the employee. Any refusal by the employee must be accompanied by the execution of a corresponding act, which must be signed by two witnesses.

That's why correct design all papers are required. Important! If the employer does not want to “mess around” with personnel documentation, he can offer the guilty employee to resign by agreement of the parties. Many workers make such a compromise, as it allows them to avoid an unpleasant entry in the work book.

If an employee is guilty of any actions, and this guilt is proven, then the employer offers him to resign “quietly”, without filling out the necessary papers, without a corresponding entry in the work book, but also without severance pay. As a rule, an employee writes a letter of resignation “of his own free will”, and upon dismissal he receives his salary and compensation for vacation. This option usually suits both parties.

Payments and compensation upon termination at the initiative of the employer

In some cases, such as staff reductions or complete cessation of business, an employer must pay severance pay to its employees. It is compensation for the fact that by liquidating, the employer deprives them legal right for labor.
First of all, all workers must be warned. This must be done at least 2 months before the start of the proposed activities. Notification occurs only in writing, against the signature of each employee. Then work continues as usual, nothing changes for workers. The employee may resign before the end of this 2-month period. He must notify the employer about this, and then the latter must pay him additional compensation.

When the above 2 months expire, employees are subject to dismissal. On the last working day, the employer must pay them:

wages for actual time worked;
compensation for unused vacation;
severance pay.

The severance pay includes compensation in the form of the average earnings of the employee. The employer pays its employees 2 such earnings, that is, for the 2 months following dismissal. In addition, if an employee agrees to dismissal before the expiration of 2 months before the proposed reduction, the employer must pay him severance pay for another 1 month.

To pay severance pay, it is necessary to calculate the average earnings of a specific employee for last year. For example, an employee quits in March 2018. Then the billing period will be from 03/01/2017 to 02/28/2018. If he has not worked for even a year, then the actual time worked is taken for calculation.

In addition, the collective or labor agreement may provide for a different amount of severance pay. It will be paid not instead of what is provided by law, but along with it. Without paying compensation, an employer cannot reduce or fire its employees. This is a violation of labor laws. Compensation must be paid on the last working day along with wages and compensation for vacation. A resigning employee can enter into an agreement with the employer and resign by agreement of the parties. In this agreement, the employee can indicate the desired amount of severance pay, which will not depend in any way on his average earnings. As a rule, employers agree to such dismissals, since this frees them from complying with the personnel procedure for layoffs and “paper” work.

The general grounds for termination of employment contracts are indicated in Art. 77 Labor Code of the Russian Federation. We have already touched on some of them above.

The general reasons are:

1. Agreement of the parties.

As follows from Art. 78 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time by agreement of its parties. It is important not only the desire of the parties to terminate the relationship, but also the agreement on the time (period, date) of termination of the contract.

Article 79 of the Labor Code of the Russian Federation imposes the obligation on the employer to warn the employee about the termination of a fixed-term employment contract in writing at least three days before dismissal, otherwise the fixed-term employment contract is transformed into an employment contract concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).

Also in Art. 79 of the Labor Code of the Russian Federation defines the moments of termination of certain fixed-term employment contracts. Thus, when concluding an employment contract for the duration of a specific job, for the duration of the duties of an absent employee, for the duration of seasonal work, such contracts are terminated accordingly: at the end of the work stipulated by the contract, with the replacement employee returning to work, at the end of the season.

In all cases, the employer must warn the employee and issue a corresponding written order, which is delivered to the employee against signature.

3. Termination of an employment contract at the initiative of the employee.

The contract is terminated at the employee’s own request (Article 80 of the Labor Code of the Russian Federation). In this case, the employee must notify the employer in writing of his desire to terminate the employment relationship at least two weeks in advance. A different period may be fixed by agreement of the parties or specified in the law (for example, the manager must notify the employer at least a month in advance - Article 280 of the Labor Code of the Russian Federation). And if an employment contract is concluded with an employee for a period of up to two months or with a seasonal worker, then the employer is notified of the early termination of the employment contract three calendar days in advance (Articles 292, 296 of the Labor Code of the Russian Federation).

If, after submitting a notice of dismissal, an employee changes his decision, he has the right to withdraw his notice at any time before the expiration of the notice period for dismissal. This is always possible, except for the situation when another employee is invited in writing to replace the resigning employee, who, in accordance with Art. 64 Labor Code of the Russian Federation or others federal laws the conclusion of an employment contract cannot be refused.

4. Termination of an employment contract at the initiative of the employer.

This paragraph does not apply independently and refers to Art. 81, which outlines the grounds for termination of the contract at the initiative of the employer. We will consider these reasons further.

In accordance with Art. 61 of the Civil Code of the Russian Federation, the liquidation of an organization entails its termination without the transfer of rights and obligations in the order of succession to other persons.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another area, termination of employment contracts with employees of these structural units is carried out according to the rules provided for cases of liquidation of an organization (Part 4 of Article 81 of the Labor Code of the Russian Federation). Employees must be given written notice of the upcoming dismissal at least two months in advance (Article 180 of the Labor Code of the Russian Federation).

The dismissed employee is paid at the expense of the employer a severance pay in the amount of average monthly earnings. In addition, he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it (Part 2 of Article 178 of the Labor Code RF). And upon dismissal from organizations located in the Far North, salary retention is possible for the fourth, fifth and sixth months (Article 318 of the Labor Code of the Russian Federation).

With the written consent of the employee, the employer has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in proportion to the reduction in the notice period (Parts 2 and 3 of Article 180 of the Labor Code of the Russian Federation).

Temporary workers (those with a contract period of up to two months) are warned about the liquidation and reduction of staff three days in advance, and severance pay may be provided for in the contract (Article 292 of the Labor Code of the Russian Federation), and seasonal workers are warned seven days in advance, and severance pay is not less than two weeks' earnings (Article 296 of the Labor Code of the Russian Federation).

When dismissing employees due to the termination of activities by the employer - an individual, the notice period for dismissal, as well as the cases and amounts of severance pay and other compensation payments, are determined by the employment contract (Article 307 of the Labor Code of the Russian Federation). If the contract does not specify these guarantees, the provisions of the law shall apply.

2. Reduction in the number or staff of the organization's employees.

When carrying out these activities, the employer is obliged to offer the employee another available job (vacancy positions). All positions (works) that the employee can occupy (perform) must be offered, taking into account his skills and health status.

If staff reductions lead to the dismissal of workers, then workers with greater labor productivity and (or) qualifications have an advantage.

If labor productivity and qualifications are equal, preference in remaining at work is given to:

family - if there are two or more dependents (disabled family members who are on full content employee or receiving assistance from him, which is their permanent and main source of livelihood);
persons in whose family there are no other independent workers;
employees who received a work injury or occupational disease in this organization;
disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland;
employees who improve their qualifications in the direction of the employer without interruption from work (Part 2 of Article 179 of the Labor Code of the Russian Federation);
other persons specified in the collective agreement of the organization.

In accordance with Part 1 of Art. 82 of the Labor Code of the Russian Federation about the decision to reduce the number or staff of the organization’s employees and the possible termination of employment contracts with employees on this basis, the employer must also inform the elected trade union body of this organization in writing, and if the decision to reduce the number or staff of the organization’s employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities.

When dismissing workers who are members of a trade union, it is necessary to coordinate the decision with the trade union.

3. The employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results.

On this basis, an employee may be dismissed if it is impossible to transfer him to another job with his consent. In order to protect the rights of workers, the certification commission must include a member of the commission from the relevant elected trade union body (Part 3 of Article 82 of the Labor Code of the Russian Federation).

4. Change of owner of the organization’s property.

Upon termination of an employment contract with the head of the organization, his deputies and the chief accountant in connection with a change in the owner of the organization, the new owner is obliged to pay compensation to the indicated employees in the amount of not less than three average monthly earnings of the employee (Article 181 of the Labor Code of the Russian Federation). They also cannot be deducted from them for unworked vacation days used in advance, etc. (Article 137 of the Labor Code of the Russian Federation).

Points 5 to 10 art. 81 of the Labor Code of the Russian Federation are disciplinary dismissals (penalties - Article 192 of the Labor Code of the Russian Federation), therefore the procedure for their application must strictly comply with the procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation).

5. Repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction.

Termination of an employment contract on this basis is possible if the employee has already committed a disciplinary offense for which he is subject to in the prescribed manner a disciplinary sanction was applied and this employee again commits a disciplinary offense, and the previous sanction has not yet been lifted at this time. A disciplinary sanction is lifted automatically one year after application, unless removed earlier by order of the employer.

The general rules for applying penalties are as follows:

an explanation must be taken or an act drawn up;
an order for each case of violation is issued no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to determine the opinion of the representative body of employees, but in any case no later than six months from the date of the misconduct , and based on the results of an audit, inspection of financial and economic activities or an audit - no later than two years from the date of the offense.

6. One-time gross violation of labor duties by an employee.

Single gross violations of labor duties mean:

a) absenteeism, i.e. absence from work for the entire shift or absence from the workplace without good reason for more than four hours in a row during the working day;

b) appearing at work in a state of alcohol, drug or other toxic intoxication.

Dismissal is possible only when the employee is working hours was in a drunken state on the territory of the organization or facility where, on behalf of management, he had to perform labor functions.

The employee’s presence of alcohol, drugs or other toxic intoxication and the fact of his appearance in this state at work must be proven by the employer. The evidence will be a medical report or other evidence (for example, witness testimony);

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, as well as 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 resolution of an authority authorized to apply administrative penalties;

e) violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences.

7. Commitment of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer

Workers to whom this basis can be applied are persons servicing monetary and commodity assets. On this basis, watchmen, cleaners, etc., who do not service (storage, processing, manufacturing) monetary and commodity values, although they can use them in the process of work, cannot be fired.

The application of this basis does not depend on other types of liability and on the existence of an agreement on full financial liability. In this situation, the guilt of the employee is established by the employer himself on the basis of the evidence available to him.

8. Commitment by an employee performing educational functions of an immoral offense incompatible with the continuation of this work.

There is no definition of immoral offense in the law. It seems that it should be understood as offenses that violate accepted legal norms, directly related to morality, committed by an employee both at work and at home and that do not correspond to the moral qualities required for positions held or for the work performed by him related to the education of minors.

Only employees performing educational functions, i.e. teachers, social educators, educators, etc., can be dismissed on this basis. Persons performing only technical duties cannot be dismissed on this basis.

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 organization’s property.

10. One-time gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties.

A manager can be dismissed for general one-time gross violations (Article 6, Article 81 of the Labor Code of the Russian Federation), as well as for other gross violations that must be specified either in individual agreement with the employee, or in local regulations, with which the manager is familiarized with signature.

11. Submission of false documents by the employee to the employer when concluding an employment contract.

In accordance with the Labor Code, the employee presents a whole package of various documents (Article 65 of the Labor Code of the Russian Federation), which can be legally expanded in some cases, taking into account the specifics of the work.

Forgery of documents can be in form (when the entire document is fake) and in content (when a valid document contains false entries).

12. This paragraph - termination of access to state secrets - was moved by the legislator to Art. 83 TK.

13. Cases provided for in the employment contract with the head of the organization, members of the collegial executive body organizations.

Termination of the contract due to circumstances beyond the control of the parties

In accordance with Art. 83 of the Labor Code of the Russian Federation, an employment contract is subject to termination due to the following circumstances beyond the control of the parties:

1. Calling an employee to military service or sending him to an alternative civilian service that replaces it.

Upon termination of labor relations on the specified basis, the employee is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

Termination of an employment contract on this basis is carried out on the basis of an application from the employee upon presentation by the employee of a summons from the military registration and enlistment office to appear at the recruiting station for service. Only in this case does the Federal Law “On the Status of Military Personnel” guarantee the right of a serviceman who worked at a state (municipal) enterprise before conscription to return to his previous job within six months from the date of demobilization.

2. Reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court.

Termination of an employment contract on this basis is possible only if it is impossible to transfer the employee with his consent to another job. Moreover, in this case, the employee is paid severance pay in the amount of two weeks’ average earnings (Article 178 of the Labor Code of the Russian Federation);

3. Not being elected to office.

Logically, this paragraph applies in the event of non-re-election of an employee holding a certain position, new term. Since in the competitive filling of a position, in addition to such an employee, persons filling other positions can participate, and if they are not elected, they remain in their positions and there is no need to dismiss them. Also, an applicant from the street, i.e., not an employee of the organization, can participate in the competitive selection, and if he is not elected, he also does not need to be fired, since he did not become an employee.

4. Conviction 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.

In accordance with Art. 392 of the Code of Criminal Procedure of the Russian Federation, a court verdict that has entered into legal force is mandatory for all authorities state power, local governments, public associations, officials, other individuals or legal entities and is subject to strict execution throughout the Russian Federation.

If the punishment chosen in the sentence prevents the employee from continuing his work activity (for example, imprisonment, deprivation of the right to hold a certain position or engage in certain activities), then in this case the employment contract is subject to termination by the employer issuing an appropriate order.

According to Part 3 of Art. 77 of the Labor Code of the Russian Federation, the day of dismissal of an employee is the last day of his work. If the employee was under arrest before the trial, then the day of his dismissal will be considered the last day of his work. This is one of the few cases of dismissal of an employee since last month.

5. Recognizing the employee as completely disabled in accordance with a medical report.

In this case, the employer is obliged to terminate the employment relationship with the employee. The basis for issuing an appropriate order can only be a medical report from authorized experts of the MSEC (medical and social expert commission).

6. Death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing.

If the first half of this basis is clear enough, then the issue of recognizing a person as missing or deceased is extended in time and also leads to dismissal in the past after the person is recognized as such in court.

7. The occurrence of emergency circumstances that prevent the continuation of labor relations (military actions, catastrophe, any other 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.

Not only an event must take place, but also a decision to recognize it as an emergency by the relevant authority.

8. Disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract.

9. Expiration, suspension 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 bear arms, other special rights) in accordance with federal laws and other regulatory legal acts 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.

In Art. 23 of the Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets” defines the conditions for terminating the access of an official or citizen to state secrets.

If, for one of the reasons given therein, the employee’s access to state secrets is terminated and as a result he loses the opportunity to further carry out his labor functions, then the employment contract can be terminated by the employer under clause 12 of Art. 81 Labor Code of the Russian Federation.

Dismissal is allowed under clauses 8-10 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 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.

11. Cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work.

12. Bringing the total number of employees who are foreign citizens or stateless persons into compliance 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.

13. The emergence of restrictions on engaging in certain types of labor activity established by the Labor Code and other federal laws that exclude the possibility of an employee fulfilling his duties under an employment contract.

Such dismissal is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer. 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.

Additional grounds for termination of contracts with certain categories of employees.

The current labor legislation provides for a significant list of grounds for termination of an employment contract. They are contained directly in the Labor Code of the Russian Federation, as well as in other federal laws.

In Art. 278 of the Labor Code of the Russian Federation provides additional grounds for terminating an employment contract with the head of an organization. In Art. 288 of the Labor Code of the Russian Federation contains an additional basis for terminating an employment contract with persons working part-time. In Art. 336 of the Labor Code of the Russian Federation specifies additional grounds for termination of an employment contract with a teaching employee. In Art. 241 of the Labor Code of the Russian Federation outlines additional grounds for the dismissal of employees in the representative office of the Russian Federation abroad. In Art. 248.11 provides additional grounds for the dismissal of athletes.

There are special grounds for dismissal from service of civil servants, law enforcement officers, resignation of judges, etc.

The general procedure for registering termination of an employment contract is regulated. This article describes an algorithm of actions that must be followed.

Termination of an employment contract is formalized by order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

By general rules The day of termination of the employment contract is always the last day of work of the employee, with the exception of cases when the employee did not actually work, but retained his place of work.

On the day of termination of the employment contract, the employer is obliged to:

issue the employee with a work book (if the employee is not at work on the day of dismissal, then he is sent a notice of the need to pick up the work book or agree to have it sent by mail);
make a settlement with it in accordance with;
upon written request of the employee, issue certified copies of documents related to work.

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

There has long been a dispute among HR specialists regarding which wording to use: “the employee is fired,” “the employment contract is terminated,” or “the employment contract is terminated”? The Labor Code does not give a clear answer to this question, so employers often choose the wording at their own discretion.

Grounds for dismissing an employee

1. Dismissal during the probationary period

The establishment of a probationary period when hiring is regulated by Art. 70 TK. It provides a list of employees for whom a probationary period is not established:

persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
pregnant women and women with children under the age of one and a half years;
persons under the age of 18;
persons who have received secondary vocational education or higher education according to those who have state accreditation educational programs and for the first time entering work in the acquired specialty within one year from the date of receiving professional education at the appropriate level;
persons elected to an elective position for paid work;
persons invited to work by way of transfer from another employer as agreed between the employers;
persons concluding an employment contract for a period of up to two months;
to other persons in cases provided for by the Labor Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of the new employee using memos and reports. When the probationary period ends and the employer evaluates the newcomer’s performance as unsatisfactory, he must document the validity of his decision.

The employer may terminate the employment contract before the expiration of the probationary period if the result is unsatisfactory, but he will need to notify the employee in writing (in notification format) no later than three days in advance, indicating the reasons that served as the basis for making such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If an employee refuses to sign a notice, a corresponding act is drawn up, which records the fact that the employee has read the notice and refused to sign it. Based on the notification, order T-8 is issued to terminate the employment contract. If an employee refuses to sign an order, then at the bottom of the order the personnel officer writes by hand that the employee was familiar with the order, but refused to sign, or a corresponding act is drawn up. In any case, it is important to record the fact that the employee has read the order.

Terminate the employment contract at your own request probationary period maybe an employee. To do this, he needs to submit an application, but he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 TK, will be three calendar days. The dismissal itself is made on the basis of (termination of the employment contract at the initiative of the employee).

2. Dismissal at your own request

Which article of the Labor Code should you refer to: .

An employee has the right to terminate an employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement of the parties, this period may be reduced.

In cases where dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains the grounds when this option is possible: enrollment in an educational institution, retirement, established violation of labor legislation by the employer, etc. Labor relations practice shows that there are many more reasons for reducing notice periods. For example, an illness that prevents the continuation of this work, provided there is an appropriate medical report; moving to another area ().

The list of valid reasons for dismissal on the day the application is submitted can be enshrined in the internal labor regulations of the organization or in the collective agreement.

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 the Labor Code and other federal laws, cannot be denied an employment contract. For example, in Art. 64 of the Labor Code states that it is prohibited to refuse to conclude an employment contract to employees invited in writing to work as a transfer from another employer.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer must:

issue the employee with a work book;
issue other work-related documents upon written request from the employee;
make a settlement with him.

How to prepare documents?

When an employee has the right to reduce the notice period, he writes a dismissal date, which is binding on the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to benefits, but asks to be fired early. For example, he writes a statement on May 15, and asks to fire him on May 19. In this case, the employer can act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires two weeks notice and asks to write a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the book is issued, so that the employee immediately signs in the book for recording the movement of work books).

3. Dismissal by agreement of the parties

Which article of the Labor Code should you refer to: .

The basis for dismissal “by agreement of the parties” was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: “An employment contract can be terminated at any time by agreement of the parties to the employment contract.” No matter how such a basis for dismissal is perceived, one must proceed, first of all, from the fact that the word “agreement” itself indicates a peaceful basis for termination of the employment relationship.

Despite the fact that the agreement is not provided for by the Labor Code, it is very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to expiration of the employment contract

Which article of the Labor Code should you refer to: .

The grounds on which a fixed-term employment contract is concluded are specified in. Most often - for the duration of the duties of an absent employee, who retains his place of work.

If a fixed-term employment contract has been concluded with an employee, then the expiration date of the employment contract is associated with specific date, which is stated in the contract itself. Three days before this date, the employer is obliged to warn the employee about the expiration of the period by means of a notice.

Sometimes the expiration date of an employment contract cannot be established in advance; in this case, the contract does not indicate the expiration date, but a condition. In this case, there is no need to notify about the termination of the employment contract, since the very fact of the main employee returning to work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code states how to formalize a disciplinary sanction. The employer's action algorithm in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two working days). Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. If there is or is no explanation, the employer makes a decision based on its assessment of the employee’s actions.

The timing of the application of the penalty must be taken into account - no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense.

A report on the commission of a disciplinary offense is sent to the director (the person who can make decisions on this issue). And the employee is given a notice against signature with a requirement to provide a written explanation. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action is taken. In case of “mild” violations, the employee is first reprimanded. At the same time, the order to apply a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to treat a person's long absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until a violation of labor legislation is established.

Registration of such a situation begins with drawing up an act for each working day stating that the person is absent from work for an unknown reason (in the first act the time of absence is indicated “from ... to”, and in the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of long-term absence - as of the day of submission of the next time sheet.

Letters are sent to the employee asking for an explanation of the reasons for failure to appear (they must be sent by registered mail with a list of attachments).

In case more than a year there is no news from the missing employee, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may, through the court, recognize the missing employee as missing. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested parties, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6 of Part 1 of Art. 83 Labor Code of the Russian Federation.

Subscribe to our channel on Telegram to learn about all the most important changes that affect business!

The Labor Code provides for a number of grounds for termination of an employment contract, which are discussed in Article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article we will look at exactly how termination of an employment contract can occur.

General procedure

According to the Labor Code, upon termination of an employment contract, an order or instruction of the employer must be drawn up, which the employee must be familiar with by signature. If an employee refuses to sign a document, a corresponding entry is made on the order. A copy of the order or instruction, at the request of the employee, can be handed over to him.

In any case, the day of termination of the employment contract is the employee’s last working day (with the exception of cases when the employee did not actually work, but retained his job).

The employer must make an entry in the work book in full compliance with the Labor Code. This means that the wording must indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to issue the employee a work book and a full payment. If an employee does not show up for documents, he must be sent a notification about the need to obtain a work book. If an employee who has not received the book on time requests that it be issued to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal differs significantly from voluntary dismissal. For example, if an employee, after dismissal, registers as unemployed, his benefit will be determined not on the basis of the minimum wage, as for someone dismissed at his own request, but on the basis of his official salary. last place work.

The agreement to terminate the employment contract is concluded in writing and, in fact, is an additional agreement that is attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by an inspector of the HR department or another authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of an employment contract, or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee is working under a fixed-term employment contract, then three days before its expiration date - actual dismissal - the employer must warn the employee in writing. This means that the employee must be given or mailed notice of termination of the employment contract. A fixed-term contract can be concluded:

to perform the duties of a temporarily absent employee (such a contract must be terminated simultaneously with the return of this employee to his place of work);
for the duration of certain work (such an agreement is terminated upon completion of the work specified in it);
contract for seasonal work (such a contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such contract is extended until she becomes entitled to maternity leave.

If an employee working under a fixed-term contract wants to resign of his own free will, then he must submit an application addressed to the manager (that is, notify him) three days before the date of dismissal.

Termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than dismissal at his own request. An employee has the right to submit an application for resignation at his own request at any time, at least two weeks before the date of dismissal, and the head of the organization - a month before. The reason for such dismissal may be any personal circumstances. But if an employee quits due to:

with admission to an educational institution;
retirement;
moving to another area;
due to violations of labor laws by the employer;
he has the right to dismissal without service.

During service, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless resigns, then on the last working day the employer is obliged to pay the employee in full, paying him the due wages, compensation, vacation pay, and also give out all necessary documents and work book.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer has not calculated it within the required period and has not issued documents, is considered to continue working, and his application for dismissal is considered invalid.

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like the employee, has the right to terminate the employment contract on his own initiative. The grounds for termination may be general or additional. General ones apply to all employment contracts, and additional ones apply to employment contracts of certain categories of employees. Termination of an employment contract on general grounds can occur in several cases:

upon liquidation of an enterprise;
when there is a reduction in staff or number of employees;
due to the employee’s inadequacy for the position held (due to low qualifications, which is confirmed by certification documents, for health reasons - confirmed by a medical report);
due to a gross one-time violation of labor duties by an employee (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
due to repeated failure to fulfill job duties (if the employee already has disciplinary sanctions);
committing theft, embezzlement, intentional destruction and damage to property;
violations of labor protection requirements that resulted in an accident, breakdown, catastrophe or created a real threat thereof;
for committing immoral acts (for teaching staff);
in case of loss of trust (for financial workers);
for making unfounded decisions that resulted in the unlawful use of property (for managers, deputy managers, chief accountants);
for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that appearing at work while intoxicated must be documented by an act confirming the employee’s presence at the workplace and by a medical report.

An employer cannot fire an employee who is on sick leave or on vacation (with the exception of liquidation of the enterprise).

If the employer is individual entrepreneur, then upon termination of its activities, it can terminate employment contracts with its employees. In this case, the basis for termination of the employment contract will be an extract from the Unified State Register of Individual Entrepreneurs.

Additional grounds for terminating an employment contract

Termination of an employment contract by an employer is also possible on additional grounds that are specified in other regulations. For example, teaching staff may be fired for using inappropriate parenting methods (this includes physical or psychological abuse) or violating the Charter educational institution(Federal Law “On Education”), and civil servants - for disclosing information constituting a state secret or occupation entrepreneurial activity(Federal Law “On Civil Service”).

Who cannot terminate an employment contract with at the initiative of the employer?

pregnant women;
women who have children under three years of age;
single mothers who have children under 14 years of age or have a disabled child under 18 years of age;
other persons who raise children without a mother.

Dismissal by transfer

Such dismissal can only be carried out if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this can be a letter of guarantee or a signed application for employment). If we are talking about election to any elective position, the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such dismissal is possible if there is a change in the owner of the organization’s property, reorganization or change in the jurisdiction of the institution. In this case, the employee simply submits a resignation letter. This rule does not apply to the chief accountant, manager and his deputy. The employment contract with them can be terminated at the initiative of the new owner of the organization’s property within three months after his property rights arise.

Dismissal of an employee due to a change in significant working conditions

In practice, situations often arise when, when organizational or technological working conditions change, the terms of the employment contract also change, but without a fundamental change labor function. The employee must be notified in writing of such changes two months before their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work under the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions may entail mass layoffs. In these cases, a part-time work schedule is possible, which can be introduced in agreement with the trade union for a period of up to six months. If the employee refuses to work under the new conditions, then the contract is terminated according to Article 81 of the Labor Code of the Russian Federation.

Dismissal due to health reasons

The employee has the right to apply for another job in accordance with his state of health, which must be confirmed by medical documents. But if the organization does not have suitable work or the employee refuses the transfer, then the employment contract is terminated according to Article 77, paragraph 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee’s application for transfer to another job, and documents confirming the lack of suitable work (or the employee’s refusal to transfer to a specific job).

Termination of an employment contract due to the employer's relocation to another location

It happens that the owner of an enterprise transfers production to another area. In this case, the employer is obliged to notify employees in writing about the transfer of production, and upon receiving a refusal to transfer, together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for terminating an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

conscription;
reinstatement of a former employee (by court or decision of the labor inspectorate);
impossibility of transfer to another job at the request of the employee;
failure to be elected to office;
recognition of the employee as disabled according to medical documents;
conviction of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
death of an employee or his unknown absence;
emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by a decision of the Government of the Russian Federation.

The procedure for terminating an employment contract in this case requires the provision of documentary evidence of the occurrence of circumstances, and then, based on the documents submitted (a summons from the military registration and enlistment office, a death certificate, a court decision, a medical report, etc.), an order to terminate the employment contract is issued.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes labor inspectorate violations that were committed during the conclusion of the employment contract are identified. Such contracts must be terminated by law. The reasons can be very different, for example:

the contract was concluded with an employee who, by a court decision, is prohibited from holding a given position or performing a specific job (in this case, the employee must first be offered another job in writing, and if he refuses, the employment contract with him must be terminated);
the contract was concluded for the performance of work that is contraindicated for the employee due to health reasons (there must be a medical report);
the contract was concluded with an employee without specialized education (if, in accordance with regulations, the position or type of work performed by the employee requires special education certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee severance pay in the amount of average earnings. The exception is a situation where the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (providing false documents).

Features of terminating an employment contract with foreign citizens

If the employer cooperated with foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.