During military service, a person may encounter such concepts as “retirement” and “reserve”. Many people consider these concepts to be equivalent, but this opinion is erroneous. Every serviceman should understand the difference between resignation and transfer to the reserve, since ignorance can lead to negative consequences due to differences in military service obligations.
Difference
A person who is liable for military service can be transferred to the reserve, but this moment not passing military service. This category of citizens can be called up for military service if there are grounds that are provided for at the legislative level, for example, in the event of a military threat.
It is important to know! A person who has been transferred to the reserve is not paid any money during this period.
The reserve of the RF Armed Forces consists of people who:
- were dismissed and subsequently transferred to the reserve;
- completed their studies at a military educational institution;
- were exempted from military service;
- did not complete service due to receiving a deferment from conscription;
- are not subject to conscription due to reaching 27 years of age;
- did not complete military service without legal grounds and reached the non-conscription age;
- were dismissed from military service and registered after a while;
- completed alternative service.
In addition, female persons who have a military specialty can be sent to the reserve.
Resignation implies a complete cessation of military service by citizens. A person can be dismissed at his own request, which will be expressed in writing, or forcibly, for example, when the person reaches a certain age, has medical indications prohibiting the continuation of military activities. Transfer to retirement is carried out together with removal from military registration.
It is important to know! Upon dismissal, a person may continue to wear a uniform with insignia only if this right is specified in the order.
Among the main differences between retirement and reserve it is worth highlighting:
- different categories of suitability. If a military commission recognizes a citizen as unfit for military service and assigns him category D, then he immediately resigns;
- The reserve consists of civilians liable for military service who have a fitness category. Persons in military positions who have reached retirement age, which may differ depending on a number of factors, including the person's rank;
- if a person has been sent to the reserves, then if certain conditions are met, he can be called up for military service, for example, when hostilities begin on the territory of the country. Besides, this category citizens are required to attend military training. If a citizen was transferred to the reserve upon reaching a certain age or due to poor health, then even during military conflicts he cannot be called up;
- when a person is dismissed, he is provided with cash payments, which are regular. Citizens in reserve cash are not paid.
It is important to know! The payment amount is calculated individually, taking into account various factors, including length of service, contributions made and awards received.
Grounds for dismissal
Persons enter the reserves after conscript or contract service, as well as if they have a military specialty. The grounds for termination of service are:
- completion of a fixed-term period of service;
- lack of contract renewal;
- unfit for medical reasons;
- lack of necessary psychological or professional characteristics.
The contract itself can be terminated for any reason, but further actions are the same unless there are disciplinary reasons or other unrelated incidents that affect the termination of service. Actions:
- documents receiving;
- contacting the military commissariat at your place of residence and registering with transfer to the reserve;
- filling out documentation.
In the future there may be various options actions. For example, if there is a return to service again, then the person is removed from the reserve register and transferred to the active aircraft. All this is possible before resigning. Main grounds for resignation:
- age limit for stock category;
- the presence of medical data that will not allow you to serve;
- other valid reasons, for example, having dependents who require constant care.
Valid reasons must be documented. This may help you retire and avoid being drafted into military service.
Dismissal procedure
Persons can retire from both the reserve and active service. The main points are the presence of grounds and confirmation in the form of documents.
Important! A documentation package will be required for procedures related to deregistration and full retirement. Without documents, no commissariat will be able to carry out this procedure.
The dismissal procedure itself has an established procedure:
- on the basis that is indicated, a package of documents is collected;
- you will need data from a medical commission or other documents that certify the existence of a reason;
- upon leaving active service, all due amounts are also calculated and paid, including insurance if necessary;
- when transferring from the reserve to retirement, you only need to provide documents to the military registration and enlistment office with which the person is registered;
- at the commissariat the mark “deregistered” is affixed, indicating the reason.
It is worth considering that upon resignation it is also possible to accrue a pension. All these points are established upon dismissal from service.
Reserve and retirement are considered different concepts, since being in the reserve still implies the possibility of active service, and retirement is the end of a military career. All aspects of registration and deregistration are carried out according to the grounds, and the procedure is certified by the military commissariat at the place of registration on the registration list.
Termination employment contract with employees for various reasons occurs regularly in the business practices of companies. When choosing a method of separation acceptable to both parties to an employment contract, HR specialists often wonder: dismissal by agreement of the parties or by agreement at will- what's better? To answer this question correctly, it is necessary to consider in more detail legal aspects application of each method.
Key points for terminating an employment contract at the request of an employee
Mechanisms and main points of termination labor relations at the initiative of the employee is regulated by the provisions of Art. 80 Labor Code of the Russian Federation. To carry out this procedure prerequisite is the employee’s desire to sever his relationship with the employer.
Dismissal at one's own request requires informing the employer at least 2 weeks before the date of termination of the contract.
In other words, after drawing up and submitting a letter of resignation, the employee must continue to perform his duties according to the established schedule for another 14 calendar days. A fixed-term contract is terminated with at least 3 days’ notice, and the head of the enterprise must give a month’s notice of his desire to resign. This period must run from the day beginning immediately after the employer receives the application. In this case, it is allowed to send it to the employer by mail. It is also possible that, by agreement between the employer and the employee, the latter may resign without completing the specified period.
There are often cases when dismissal at the initiative of a person working in an organization is caused by circumstances that prevent the employee from fulfilling labor functions: entering college in another region, reaching retirement age, moving to another city. Then the contract must be terminated on the day specified in the employee’s application, without observing the rule of mandatory service. After the end of the notice period, the employee may stop performing his duties, withdraw work book, receive a calculation, as well as by contacting the employer in writing, other documents related to his work in this company.
As long as the two-week period of time before the day of dismissal has not expired, the employee can withdraw his resignation letter. However, such an employee’s request is granted only if another applicant is not accepted for his position, and it is no longer possible to refuse him in accordance with the law.
Important! If after 2 weeks the employee continues to work and does not insist on terminating the contract, and the employer has not issued a dismissal order, then the employment contract remains in force.
In addition, the law allows for the option of granting leave with subsequent dismissal on one’s own initiative. In this case, the resigning person can withdraw a previously submitted application only before the start date of the vacation.
The procedure for dismissal by agreement between the participants in the labor relationship
Termination of an employment contract by agreement of the parties is rather poorly regulated by law. Because of this, many often believe that it is no different from dismissal “on one’s own”, that is, it is the same thing. This type of termination of employment relations is provided for in Art. 78 of the Labor Code of the Russian Federation, it states that labor relations can be terminated at any time by agreement between the employee and the employer. To achieve such an event, the mutual desire of the participants in the labor relationship is important. At the same time, no warning periods or punishments in this case are strictly established. The conditions of dismissal for this method of termination of the contract depend solely on the agreements of the parties to the employment contract.
As a rule, this approach to termination of employment is applied in the following cases:
- The employee’s desire to receive additional payments and compensation upon dismissal, beyond those provided for in the employment contract;
- The employee’s desire to avoid dismissal for a disciplinary offense;
- The employer strives to gently get rid of a disloyal employee or carry out a “hidden” reduction;
- The need to part with an employee whose dismissal by other means is not permitted by law.
As you can see, this method of terminating a contract under certain conditions is beneficial to both the employee and the employer. However, it is the employer who most often initiates this approach to dismissal. The absence of legislative regulation of its procedure does not prohibit the agreement between the parties from establishing a period of work until the day of dismissal.
Application from an employee to in this case not necessary, but desirable, since all conditions of separation are fixed in the dismissal agreement.
Advantages and disadvantages of approaches to terminating an employment contract
As can be seen from the description of these methods, it is impossible to say that dismissal on the initiative of an individual and by agreement of the parties is the same thing. In the first case, the primary and most important factor– the employee’s sincere desire to terminate labor contract, while the employer’s consent is not so important. In the second, it is important to reach an agreement between the employer and employee on termination of the employment relationship.
If the employee himself initiated the application for dismissal, the employer satisfied his desire, this fact does not carry any negative legal consequences for the company. However, if an organization forces a negligent employee to write a statement on his own, it must understand that the “gate” to a legal dispute in this case remains open. And there is no guarantee that the employee will not later achieve reinstatement in court. In particular, the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 emphasizes that termination of employment relations at the initiative of an employee should be carried out exclusively at the voluntary request of the employee. Moreover, although infrequently, judicial precedents arise, as a result of which an employee is reinstated at work, even if he has a written resignation letter, if he proves that he wrote it under pressure from the employer.
Agreement between the parties is the best option for terminating relations with an employee if continued work with him is undesirable. At the same time, he himself does not intend to leave, and looking for a formal reason for his dismissal at the initiative of the company is risky. In addition, the agreement of the parties should be given preference if it is necessary to reduce the number of units, and carrying out the reduction is quite troublesome. In this case, it is also better to settle on dismissal under an agreement with the payment of monetary compensation. In this case, the agreement must include a number of points:
- date and number of the contract to be terminated,
- confirmation of the consent of both parties to the agreement to terminate it;
- date of dismissal;
- all kinds of additional payments that the company undertakes to pay to the resigning person;
- obligations to transfer cases and prepare reports on completed and unfinished projects and work.
Sample agreement to terminate an employment contract
The agreement must be drawn up in two copies, one for the employee, the other for the employer.
As a rule, when dismissal is by agreement of the parties, subsequent legal proceedings are extremely rare and they are resolved mainly in favor of the employer.
Thus, it is possible to talk about the advantages of one or another method of terminating an employment contract only in the context of specific circumstances. Based on whether the employee wants to resign himself or the employer wants to “push” him to do so, a decision should be made on using the option of formalizing the dismissal.
If you plan to leave the organization in the most beneficial way, it's worth considering everything existing species dismissals. In most cases, those resigning opt for the most popular form - “at their own request”.
The option of dismissal by agreement of the parties looks unusual and dangerous. However, there are situations in which it is preferable.
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Let's start with the laws governing situations related to dismissal. The first step is to study Article 78 of the Labor Code of the Russian Federation– on termination of the employment contract by agreement of the parties and Article 80– on termination of an employment contract at the initiative of the employee.
If you have questions regarding cash payments, please open Art. Art. 84.1, 140 Labor Code of the Russian Federation, and you may also find the Decree of the Government of the Russian Federation useful dated December 24, 2007 No. 922“On the peculiarities of the procedure for calculating average wages.”
All the features and nuances of dismissal
At your own request
According to Russian legislation, every person is free to choose labor activity and change jobs. The condition for leaving the organization may be employee initiative.
Who should apply? This depends on the rules of your organization. Somewhere the application is submitted to the manager, somewhere to the personnel department, and somewhere through the reception.
If a conflict situation arises, for example, they don’t want to sign your application, they lose it, or destroy it, you can protect yourself from troubles. Complete the application in two copies.
One is intended for the manager, and give the second to the HR specialist or secretary - you need the date on 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 labor you are entitled to while on sick leave.
After submitting your application you have the right to change your mind, unless a new person has already been invited to your position. However, you cannot be replaced by a new employee against your will.
Make sure that the correct entry appears in the employment record: with the correct designation of the article and the reason for your departure. It must contain a link to Art. 77 Labor Code of the Russian Federation and the text that you were fired of your own free will or on the initiative of your manager.
All words are written in full, without abbreviations or abbreviations. If you see an inaccuracy in the work report, insist that a new entry be made. Before it, you need to indicate that the previous one is invalid.
Find out more about voluntary dismissal by watching the video:
By agreement of the parties
The most attractive difference of this type of dismissal is speed of registration. You must negotiate your resignation with management and put the agreement in writing, but the law does not require you to give advance notice of your resignation.
Any party can initiate your resignation: both the employer and you. If you are the initiator, you do not need to justify your departure.
Both parties have the right to nominate each other various conditions. For example, you can agree on the resigning employee receiving compensation (severance pay) up to a specific amount, length of service, transfer of responsibilities to another person, and so on. Important to remember, that all conditions are recorded in the document, otherwise they are considered invalid.
The employer may reject your initiative if he is not satisfied with the conditions. In such a situation, no one can force the other side, everyone is in an equal position. Neither you nor your employer you do not have the right to suddenly “change your mind” without the consent of the other party.
You can resign in this way while on vacation, during illness or probationary period. For employees employed under a fixed-term contract, the same rules apply as for those who entered into 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 details of the agreement, 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.
Do not hesitate to ask 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 Labor Code Russian Federation».
For all the benefits of dismissal by agreement of the parties, watch the video:
What's the difference?
The main difference is in the initiator of the dismissal. It could be you, or it could be the manager. If you leave of your own free will, no one has the right to restrict you. But if you have chosen a form of care by agreement of the parties, you will need seek compromise with management.
If you agree, you don't have to tell us about your departure two weeks in advance. When you need to quit urgently, this option is ideal.
Dismissal by agreement of the parties provides an excellent chance to receive from the organization good monetary compensation. It will be especially easy to introduce such a condition if the initiator was the manager.
The text in the employment contract will vary (“dismissed by agreement of the parties” or “dismissed at his own request”). Both options will have no impact on your future career.
Which is better to choose?
The choice of one option or another depends on life circumstances. Situations when it makes sense to prefer self-care:
- there is a possibility that you will change your mind about quitting;
- you are interested in going through the dismissal procedure quickly and easily;
- you are satisfied with the payments and guarantees due;
- you are on vacation or sick leave.
Disadvantages: you do not receive any additional cash payments, you are required to notify management in advance of your desire to quit.
It's better to get away by agreement of the parties, If:
- you need to leave the organization as quickly as possible (for example, you have already been invited to another place);
- you are firmly convinced that you will not change your decision;
- there is an opportunity (recorded in writing!) to receive a large sum of money from the organization;
- you are planning to contact the employment service.
The main disadvantages of this type of dismissal: if you are dissatisfied with something, the court is unlikely to take your side. You receive only what is specified in the agreement and do not have the right to change the terms without agreement with management.
What is the best way to quit?
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.
What is the difference between dismissal by agreement of the parties and dismissal at will and what is its advantage? 09/11/2015“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 when terminating an 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 the courts of the Russian Federation of the Labor Code of the 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 pregnant workers’ right 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 severance payments. 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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