Sample letter of resignation by agreement of the parties in 2021

Labor legislation

The procedure for terminating an employment contract is regulated by Art.
77 and 78 of the Labor Code of the Russian Federation, where the provisions and procedures are prescribed. Using these articles, you can terminate both an open-ended and a fixed-term contract. In case of an indefinite employment contract, termination of the relationship is allowed after a preliminary 14-day warning by the party that initiated this action. A fixed-term contract is terminated when management notifies the subordinate in writing at the end of its term. If management did not warn such an employee about dismissal due to the expiration of the contract, the agreement becomes indefinite.

Any party may take the initiative to terminate the contract. Once an agreement is reached, the severance of the labor relationship must be documented in the appropriate protocol.

( Video : “How to formalize dismissal by agreement of the parties?”)

Thus, there are the following options for terminating an employment contract.

The end of its validity period when it is concluded for a specific period.
Submission by an employed person of a resignation letter with 14 days of work.
In other options provided for by law.

Note. By mutual agreement, the outgoing employee may leave the institution without working the 2-week period.

What should you pay attention to?

To ensure that an employee does not sue the employer after dismissal by agreement of the parties, it is important to ensure that the dismissal is carried out without violating the requirements of the legislator:

offer the employee an application form that will reflect the employee’s will to terminate the TD;
carry out the procedure in the presence of at least three witnesses, so that in the event of a trial they can confirm that the person was not subjected to physical and/or psychological pressure when making the decision to dismiss;
prepare indirect evidence that the separation with the employee was amicable. Electronic correspondence, sequential transfer of tasks to your colleagues, etc. will do;
nullify falsification of evidence, as this may entail criminal liability for the perpetrators under Art. 327 of the Criminal Code of the Russian Federation;
if an employee was fired as a result of a disciplinary offense, then relevant evidence must be provided, in particular, the fact of an internal investigation and an act of recording the violation;
Be careful when dismissing pregnant women - if a company representative cites pregnancy as a reason for dismissal, he will face criminal liability under Art. 145 of the Criminal Code of the Russian Federation.

As evidence of unlawful dismissal, the court, among other things, considers:

issuance of unfounded and not provided for in Art. 192 of the Labor Code of the Russian Federation of disciplinary sanctions;
fact of psychological or physical impact;
deliberate deterioration of working conditions.

Do you need help from a professional lawyer under the Labor Code of the Russian Federation? Contact the international office by phone: 8, or leave an online application at rosco.su.

How to submit an application to an employer

Termination of business relationships by agreement of the parties is possible for both open-ended and fixed-term contracts. To carry out such an event, the employee must submit a written request, the content of which must comply with the rules for drawing up business papers.

Note. A request for dismissal by agreement of the parties is submitted 2 weeks before the date of termination of the employment contract.

A completed request to leave the company by agreement of the parties can be sent to the manager using the following options:

Personally by a working person, visiting the reception or personnel department.
Via mail - by sending a registered letter with notification of delivery to the addressee.
Courier delivery.
Sending the document by email, if you have an email address at the company.

In all options for filing an application, the time for filing it is counted taking into account the delivery of the document, if the working person must work for 2 weeks.

An employee can send such an application while:

In a hospital bed. In these circumstances, the boss is obliged to dismiss the employee on the date noted in the petition, even if on the specified date he is on sick leave. He will receive payment and necessary documents, as well as accrued sick leave after recovery.
On holiday . The date of deduction according to the vacationer’s request can be made both during the vacation and at its end. The vacationer will receive the documents at the end of the vacation.

Advantages and disadvantages

The following advantages of this method of dismissal are noted:

Both the employer and the employee have the right to propose terminating the employment relationship.
There is no requirement to indicate the reasons for dismissal or resignation.
To dismiss at your own request, you must notify the employer of your decision 14 days in advance, and there is a mandatory work period.
When dismissal by agreement of the parties, the application is submitted at any time, everything depends on the agreement.
Conditions that are beneficial for all participants in the process are agreed upon: terms, monetary compensation.
With this form of dismissal, a person has 1 month of continuous service.

The disadvantages of the procedure concern the employee rather than the employer:

It is possible to dismiss a subordinate who is on vacation during pregnancy, illness or maternity leave.
The point of view of trade union organizations is not taken into account.
There will be no monetary compensation not provided for in the contract.
The application cannot be canceled after the agreement has been accepted. Cancellation is possible if both opponents agree.

Attention! The agreement takes into account all the features of termination of the contract. It is developed in writing and sealed with the signatures of the manager and employee.

A sample application for dismissal by agreement of the parties with payment of compensation is here.

Documents required for registration of dismissal

The expulsion process, just like the employment process, requires the implementation of an accepted algorithm. Therefore, in order to expel an employed person, a basis for deduction is required, regulated by Art. Art. 78, 79, 80 of the Labor Code of the Russian Federation and the availability of the following documents:

Petitions for dismissal, when leaving by personal will.
Agreement on termination of the contract, upon dismissal by agreement of the parties.
Notifications about the expiration of an employment contract when employed under a fixed-term employment contract.

To expel an employee, you must complete the following steps:

Issue an order for deduction in accordance with Form T-8. This order requires you to display:

Grounds for deduction.
Provide a link to the relevant article of the Labor Code of the Russian Federation, according to which the person leaves the company.
The dismissed person must sign the order to familiarize himself with its contents.
Based on the order, fill out the subordinate’s work book with the appropriate entry, according to the order.
Fill out a calculation note (form T-61), showing the due payments to the employee.
Fill out the employee’s personal card (form T-2), making an entry about the deduction and familiarizing the departing employee with the completed records for signature (Article 84.1 of the Labor Code of the Russian Federation).
On the last day of work, give the dismissed person the documents required by law that he will need when finding employment in another institution.

List of documents issued upon dismissal:

An employment contract signed when a subordinate is hired for work.
Order on hiring an employee to the company.
Orders issued when transferring a subordinate to other departments (if any).
Issued order for deduction.
Certificate of salary received by the employee for 2 years, or during the period of work if the person worked for the company for less than 2 years.
Documents certifying deductions from wages to established funds.
Personal Income Tax Form-2, which includes information on the amount of salary received by the employee at the estimated time, as well as on all accruals of insurance premiums. The certificate must be certified by the signature of the responsible employee and the seal of the company. This form is issued on the final day of work or sent to the dismissed person by registered mail, if the latter consents to this.
A certificate showing the vacancies held by subordinates during the working period in this company.

The entire list of certificates is issued in one copy and only once. They can be received no later than one year from the date of dismissal from work.

All duplicates of issued documents are attached to the person’s personal file. The fact of their delivery to the dismissed person is recorded in a special journal.

In addition to the listed materials, the dismissed person must receive a work book from the personnel department, with a record of deduction made in accordance with the requirements of the Labor Code of the Russian Federation.

Step-by-step procedure for dismissal by agreement

The process of terminating the contract by agreement of the parties can begin after the initiative of any party in the institution to terminate cooperation.
The law does not define who can take the initiative, however, all changes and additional agreements in the employment contract must be made in writing.

If this initiative was shown by a subordinate, then he is required to submit a petition.

Deduction by agreement of the parties on the initiative of the superiors is carried out by sending a service notification to the subordinate. The form of these documents is not established by law.

Next, the consent of the other party is required, which must also be expressed in writing. Consent can be expressed, for example, as follows - “I agree”, with the date and signature displayed.

The next step involves drawing up a resignation agreement, which stipulates conditions that depend on the specific situation and working conditions of the departing person.

After concluding an agreement, changing it is allowed in the same manner as the conclusion, that is, the employee does not have the right to leave work earlier than the agreed date, and the boss cannot dismiss the leaving employee earlier than the agreed period in the agreement. This provision is regulated by the legislation of the Russian Federation, confirmed by the Supreme Court of the Russian Federation (decision of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004) and the Constitutional Court of the Russian Federation (No. 1091-O-O of October 13, 2009).

Note. Unlike leaving on personal initiative, when expelled by agreement of the parties, the subordinate does not have the right to change his mind and withdraw his resignation request - for this, the boss will also need to agree with the extension of the employment relationship.

On the date shown in the agreement, the head of the company issues an order for deduction. The form of the deduction order was established by the State Statistics Committee of the Russian Federation No. 1 dated January 5, 2004, which is expressed in the standard T-8 form. Since 2012, according to the Russian Federation Law “On Accounting,” institutions have the right to create internal templates for business documents, but most managers use the T-8 form.

After an order is issued to expel a subordinate, the latter is obliged to sign it, confirming familiarization with it. Then he is given a completed work book with the corresponding entry made and a full payment is made, with the issuance of documents, in accordance with the legislative norms of the Russian Federation.

At this point, the business cooperation between the employee and the head of the institution is terminated.

Reasons for choosing this method of dismissal

Life experience shows that there are 2 groups of reasons determined by who is the initiator of the termination of the employment relationship.

Initiative from an employee can come in situations if:

the employee wishes to receive any compensation payments prescribed by the employment contract;
he wants to prevent dismissal for violating labor relations in the organization.

The employer initiates this process when:

there is a need to dismiss an employee, compensating him for the forced measure with a monetary payment;
there are restrictions on complying with the official downsizing procedure;
it is necessary to dismiss an employee who is a beneficiary, and the usual procedure cannot be carried out. (The beneficiary, if desired, can appeal to the court and be reinstated in his job.)

How to file a resignation letter by agreement of the parties

To fill out an application, by agreement of the parties, take a blank sheet of paper, A4 size, and fill it out, either manually or on a computer, followed by printing.
The application must be completed with the following structural elements:

A cap

The position, company name, full name are displayed here. boss (in the dative case)
The position to be filled below is full name. the submitter of the request (in the genitive case). The structural unit and personnel number can be displayed.
The name of the form is “Application”.

Request text

This section sets out the applicant's request for consent to terminate the business relationship and the date of discharge.

Conclusion

At the end of the completed application, the date of completion and the signature of the dismissed person are indicated.

A request to leave the company by agreement of the parties can be sent at any time:

during work activity;
while on a business trip;
during illness;
while on vacation.

Based on the submitted petition, the management of the company issues an order signed by the boss.

Sample letter of resignation by agreement of the parties

There is no unified template for an application to leave the company by agreement of the parties.
Such a request can be written in any style. However, it is advisable to follow the rules for drawing up business documentation, that is, fill out the document in a business style, without grammatical errors, with a clear statement of the essence of the request being submitted. Like any application for payment, a request to leave work by agreement of the parties must be completed by filling out the “header”, which is usually located on the right side of the top of the page. This section requires displaying the data of the manager to whom the applicant is applying and the data of the applicant himself.

Then you need to title the document you are filling out. In this case, you need to write “APPLICATION”.

After this, the applicant must begin presenting his appeal, clearly displaying the essence of the appeal and the date of execution. In this option, you need to write: “I ask you to dismiss me from work by agreement of the parties...”

Finally, you need to sign the document and put the date on which it was written.

A sample of such a statement is presented below.

Entry in the work book

When an employee is expelled by agreement of the parties, a record of this event appears in the work book.
The instructions for registering work books (adopted by the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003) states that the entry must have a link to Art. 77 Labor Code of the Russian Federation. Then the reason for expulsion is displayed without abbreviations, with the following text: “Explored by agreement of the parties, part 1 of Art. 77 of the Labor Code of the Russian Federation.”

The work book is signed by the personnel officer responsible for this area of work and the entry is certified with a seal.

After this, the dismissed person is given a work book against signature confirming its receipt.

Compensation upon dismissal by agreement of the parties and other payments upon settlement

Most often, when leaving an enterprise by agreement of the parties, the question arises about compensated payments to the leaving employee.
The legislation does not provide for mandatory provision of compensated payments by the institution. At the same time, there is no prohibition on limiting such payments, therefore, when signing a care agreement, the parties can stipulate the conditions for the person’s care with the provision of additional payments.

Moreover, by agreement, the subordinate may even be awarded severance pay.

( Video : “Dismissal by agreement of the parties of payment”)

Other payments for deductions under the agreement are exactly the same as for deductions on other grounds, which are as follows:

Salary for final days worked.
Compensation for missed vacation days, according to Art. 127 of the Labor Code of the Russian Federation, including for the past time, if any.

At the same time, if a person received vacation pay in advance, then the excess money given to him is withheld.

Who benefits from the agreement: the employer or his subordinate

A severance agreement is called an agreement because it is usually of interest to both parties. For example, an employee can bargain for good “compensation” - their amount is not limited by law (it is worth noting that if they are not specifically specified in the document, settlement funds will be paid in the amount provided for by the legislation of the Russian Federation). Through this document, the employer gets the opportunity to get rid of an “unnecessary” employee, and (which is especially important!) after signing the agreement, the employee will no longer be able to unilaterally refuse dismissal or change its terms.

And the most important advantage of the agreement is that the date of dismissal is set based on the interests of both parties: for example, two days, or maybe two months, may pass from the moment the agreement is drawn up to the immediate termination of the employment contract.