Grounds and procedure for terminating an employment contract at the initiative of an employee

AGREEMENT ON TERMINATION OF EMPLOYMENT CONTRACT

“____”________ 20__ No. __
city ___________________

___________________________________________________________________________ , hereinafter referred to as the Employer, represented by __________________________, acting on the basis of _______________________ , on the one hand, and __________________________________________ , hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the Parties, have signed this Agreement on termination of the employment contract dated ___.____. _____ No. _________ :

1. The employment contract dated ___.___._____ No. _________ is terminated by agreement of the parties, paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation.

2. The day of termination of the employment contract is “___”____ ____. . The day of termination of the employment contract is the last day of work of the employee.

3. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of the Labor Code of the Russian Federation, including paying the employee severance pay provided for in clause ___ of the employment contract dated ___.___._____ No. _________ in the amount ________________.

3. This agreement on termination of the employment contract is drawn up in two identical copies, one for each of the parties.

Signatures of the parties

Employer Employee

_________________ _______________

A copy of the agreement was received by _____________________ (full name of the employee)

Download the document “Sample agreement on termination of an employment contract”

Termination of an employment contract at the initiative of the employee - Labor Code of the Russian Federation

The Labor Code spells out in detail the main points for terminating this type of contract. An employee who wishes to resign submits a statement. In this document he indicates the date of dismissal. The application must be submitted to management no later than two weeks before this date.

Two weeks is a warning period. Upon completion, a person has the right not to start work. It is possible to formalize dismissal before the end of the specified period. For this purpose, the written consent of both parties is sufficient.

In certain cases, a citizen is required to be fired on the day he wrote in the application. The Code includes among them, for example, the applicant’s admission to an educational institution. These types of contracts can be terminated early. The notice period here is also 2 weeks. Those citizens who work in temporary jobs (for example, seasonal) about their desire to quit must notify the landlord 3 days in advance.

If the employer has not fulfilled its obligations, fired the employee without severance pay, or violated his rights in any other way, the employee may go to court. At the same time, it is important to pay attention to the keeping of the minutes of the court hearing and, if inconsistencies are found in it, immediately send appropriate comments to the judge.

You may be interested in: Article 81 on the dismissal of employees, as amended for 2018.

The procedure for terminating an employment contract at the initiative of an employee

The dismissal procedure is as follows:

• The citizen submits an application;
• The application is registered;
• After its consideration, the personnel employee prepares an order to terminate the work contract, at the initiative of the employee at his own request. The main thing here is to correctly write down the wording in the order with reference to the Labor Code of the Russian Federation and correctly indicate the date;
• After the manager signs the order, the dismissed person must read the order and put his signature in the journal;
• The accounting department prepares a note-calculation;
• According to the dismissal procedure, a work book is drawn up. The wording in it must exactly correspond to the definitions of the Labor Code of the Russian Federation.

On the applicant’s last day of work, the employer issues to the employee:

• his accrued salary;
• compensation due;
• a certificate in the established form about income for the previous 2 years;
• work book.

Read the main provisions of the Labor Code on the dismissal of employees due to loss of trust of the employer here:

Grounds for termination of a work contract at the initiative of an employee

The grounds for terminating a working relationship with an employer can be very different. Many of them are enshrined in law.

The following reasons can be distinguished:

• the pensioner’s desire to go on vacation;
• the need to pay more attention to studies at an educational institution;
• employer ignoring the law;
• changing of the living place;
• deterioration of health that does not allow work (disability);
• change of place of work;
• the arrival of another owner of the company;
• deterioration of working conditions;
• the need to move to another location with the company.

Severance pay to employees upon termination of an employment contract at the initiative of the employee

In a situation where a citizen decides to resign on his own initiative, he should not hope for compensation. It is paid if indicated in the company’s documents or established directly for the employee. The amount of such compensation is determined, as a rule, by the employer, and it is not discussed with the employee.

Circumstances arise when management decides to change working conditions. If an employee did not want to work according to the new rules, but decided to quit, then he may be paid a benefit in the amount of two weeks’ average earnings.

Basic guarantees provided to employees upon termination of an employment contract at the initiative of the employer

The main guarantees for the termination of the contractual relationship between an employee and the employer, at the initiative of the latter, are established either during the liquidation of the company or during the reduction of staff. A procedure has been determined in which a company must, in the event of a layoff, notify a person 2 months in advance and offer him a free job in the company, taking into account his training.

If a citizen refuses, management has the right to dismiss him by making appropriate compensation payments. The amount of severance pay is the amount of average monthly earnings. The same amount of payment is retained by the person for the duration of his job search, but not more than 2 months. If an employee decides to quit earlier than 2 months, the company is obliged to pay him another benefit. Few people know about this.

Leave a comment on the document

Do you think the document is incorrect? Leave a comment and we will correct the shortcomings. Without a comment, the rating will not be taken into account!
Thank you, your rating has been taken into account. The quality of documents will increase from your activity.

Comments on the document “Sample agreement on termination of an employment contract”

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

Reply 0

What should an employee do if he changes his mind about quitting?

Life often makes its own adjustments to people’s plans and it happens that an employee changes his mind about quitting .

If two weeks have not yet elapsed from the date of submission of the application, the employee has the right to withdraw his application.

In this case, the manager must meet the employee halfway and has no right to interfere with him. An employee will not be able to remain at work if the employer finds a replacement for him within two weeks . Only here there is a condition - an employment contract must be concluded with the new employee.

In addition, certain citizens are allowed to change their mind about quitting after two weeks. This applies, for example, to officers of the armed forces. If an officer has submitted a letter of resignation and retires, then he has the opportunity to regain his position within three months.

A lawyer will tell us about the nuances of terminating an employment contract at the employee’s initiative:

Found documents on the topic “form for termination of employment contract”

1. Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees Enterprise records documents → Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees
2. Calculation note upon termination (termination) labor agreement with an employee (dismissal). Form N T-61
   Enterprise records management documents → Calculation note upon termination (termination) of an employment contract with an employee (dismissal). Form N T-61

   document “calculation note upon termination ( termination ) of an employment contract with an employee (dismissal). form n t-61″ in excel format you can get from the link “download...

3. Order (instruction) to terminate (termination) labor agreement with an employee (dismissal). Form N T-8
   Enterprise records management documents → Order (instruction) on termination (termination) of an employment contract with an employee (dismissal). Form N T-8

   ... order (instruction) on termination ( termination ) of an employment contract with an employee (dismissal) to terminate the employment contract from “...

4. Sample. Certificate of write-off of damaged forms labor books
   Accounting statements, accounting → Sample. Act on writing off damaged work record forms

   m.p. I approve to the head of the enterprise (signature, surname and initials) an act for writing off damaged forms of work books of the year "" 20 by us (the positions, initials and surnames of the members of the commission for writing off the forms are listed ...

5. Order (instruction) to terminate (termination) labor agreement with employees (dismissal). Form N T-8a
   Documents of the enterprise's office work → Order (instruction) on termination (termination) of the employment contract with employees (dismissal). Form N T-8a

   ... order (instruction) on termination ( termination ) of an employment contract with employees (dismissal) to terminate employment contracts with employees (dismiss) (unnecessary w...

6. Sample wording of orders and entries in labor book related to termination labor agreement (contract) at the initiative of the employee
   Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) at the initiative of the employee

   samples of approximate wording of orders and entries in the work book related to the termination of an employment contract at the initiative of the employee +-+ in the order, an entry in column 3 of the work book “information about admission to ...

7. Accounting receipt and expense book form forms labor book and insert
   Documents of the enterprise's office work → Form of the receipt and expenditure book for recording the forms of the work book and the insert in it

   ...2 to the resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, receipt and expenditure book for recording work forms and inserts in it...

8. Sample wording of orders and entries in labor book related to termination labor agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation
   Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation

   samples of approximate wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation +-+ in the order entry in column 3 labor ...

9. Agreement on termination agreement donations
   Agreement on donation of real estate and other valuables → Agreement on termination of the gift agreement

   agreement to terminate agreement (date in words) we, , residing in and , residing in, have entered into this agreement on the following...

   Read also:  Sample order to impose a disciplinary sanction
10. Claim with demand termination agreement
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the contract

    ... living at the address: tel. statement On June 18, 2012, I entered into agreement No. with your company for the supply, according to your company’s catalog, of a spare part for a car, namely an engine cooling radiator for a car me...

11. Claim with demand termination agreement car purchase and sale
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement

    ... and Article 23 of the Russian Federation Law “On the Protection of Consumer Rights” for violation of the deadlines for eliminating deficiencies and returning money in connection with the termination of agreement , the seller is obliged to voluntarily pay the consumer a penalty in the amount of...

12. Requirement for termination agreement purchase and sale
    Statements of claim, complaints, petitions, claims → Request for termination of the purchase and sale agreement

    ...res of the seller organization) from , (full name of the buyer) residing at the address: demand for termination contract , compensation for losses and payment of penalties "" 20 years ago I purchased from you (hereinafter referred to as the "goods&...

13. Claim about termination agreement purchase and sale
    Statements of claim, complaints, petitions, claims → Claim for termination of the purchase and sale agreement

    ...to the address: tel. claim “” 2012, I entered into agreement for TV “x” at a price of () rubles, which is confirmed by cash and sales receipts and warranty...

14. Sample. Who termination (appendix to agreement for comprehensive services for the development, distribution and placement of securities)
    Securities and shares, issue → Sample. Termination act (annex to the agreement for comprehensive services for the development, distribution and placement of securities)

    to contract no. dated "" 20, act of termination of contract no. "" 20 1. this act has been drawn up to confirm that the above agreement is terminated...

15. Claim with demand termination agreement car purchase and sale
    Statements of claim, complaints, petitions, claims → Claim demanding termination of the car purchase and sale agreement

    ... and Article 23 of the Russian Federation Law “On the Protection of Consumer Rights” for violation of the deadlines for eliminating deficiencies and returning money in connection with the termination of agreement , the seller is obliged to voluntarily pay the consumer a penalty in the amount of...

In what cases can an employee choose the date of termination of the contract?

You can read about how to choose the right dismissal date in our article.

The law provides for situations in which a worker can choose the date when he will stop serving in the organization. The employee’s right to choose the date of dismissal is related to the reasons for termination of the employment contract at the initiative of the employee.

Such situations include:

• dismissal caused by the employee’s enrollment in an educational institution;
• termination of an employment contract, the reason for which was the employee’s retirement;
• dismissal caused by violations of labor legislation by the organization's management, which were established as a result of an inspection by the labor inspectorate.

If one of these situations occurs, the employee indicates any date in his resignation letter and is not required to wait for a certain period to resign.

Important! Another opportunity not to wait until the “working out” period ends is to enter into an agreement with management in accordance with Part 2 of Art. 80 Labor Code of the Russian Federation. In this case, the two parties to the labor relationship have the right to agree on the date of dismissal of the worker or set any date.

Related documents

• Sample agreement on combining positions
• Sample agreement to amend an employment contract when sending an employee for training at the expense of the employer
• Sample agreement to amend an employment contract
• Sample agreement on changing the terms of an employment contract on temporary transfer to another job in accordance with a medical report
• Sample agreement on changing the terms of an employment contract on temporary transfer
• Sample message to the elected body of a primary trade union organization about a reduction in the number (staff) of the organization’s employees
• Sample notice of employment of a citizen holding a position in the state or municipal service
• Sample employment contract
• Sample notification of vacancies
• Sample notification of changes to the terms of an employment contract determined by the parties
• Order to hire someone to work on a day off
• Order to involve an employee in overtime work
• Minutes of the meeting of the trade union committee
• Minutes of the meeting of the trade union committee (option 2)
• Minutes of the reporting and election trade union meeting (conference)
• Minutes of the trade union meeting (conference)
• Minutes of the trade union meeting
• Consent to the processing of personal data
• Extract from the decision of the trade union committee on the opinion of the trade union in connection with the proposed dismissal of the employee
• Example of an order to change the staffing structure

Dismissal procedure upon termination of contract

If the initiator of termination of the contract is an employee, he draws up a statement addressed to the director with a request to dismiss him at his own request. It is issued two weeks (14 calendar days) before departure. According to the Labor Code, a person is obliged to work this time so that the HR department can find a replacement for him. The exception is for employees belonging to preferential categories, for example, pensioners. They can quit at any time.

The document is submitted to the director for review and signing, then the employee is sent a notice of termination of the contract. When familiarizing yourself with it, a person signs for receipt, which is recorded in the journal. If the parties have agreed among themselves, then notification is not required.

After the expiration of the work period (14 calendar days), the HR department issues an order to terminate the contract. On the last day of work, the resigning person is given a work book with a record of dismissal and a link to the article of the Labor Code, according to which the relationship is terminated and the final payment is made.

Comment on the rating

Thank you, your rating has been taken into account. You can also leave a comment on your rating.

Is the sample document useful?

If the document “Sample Agreement to Terminate an Employment Contract” was useful to you, we ask you to leave a review about it.
Remember just 2 words:

Contract-Lawyer

And add Contract-Yurist.Ru to your bookmarks (Ctrl+D).

You will still need it!