Sample application for termination of a service contract for 2021.

For what reasons does this most often happen?

Service agreements can be drawn up in relation to any services provided to both individuals and legal entities. It can be:

financial;
consulting;
household;
informational;
educational services, etc.

It should be noted that all contracts, regardless of their content, are a kind of preliminary agreement of intent, the execution of which must be confirmed by the presence of certain papers.

IMPORTANT! In the period before the actual implementation of the contract, each of the parties has the full right to refuse it.

The rupture of contractual relations can be explained by a variety of reasons. The most common:

failure of one of the parties to fulfill its obligations;
violation of deadlines for fulfilling the terms of the contract;
delays in payments, etc.

The contract can be terminated even simply because there is no longer a need to provide the service for which it was drawn up (provided, of course, that this service was not provided at the time the application was written).

If the service provider, by the time the application to terminate the contract is received, has incurred any expenses under it, they must be fully compensated by the customer (but only if the service provider provides the necessary supporting documents - checks, receipts, etc.).

Results

So, when terminating a supply contract at the initiative of one of its parties, a mandatory condition is that it sends a corresponding notice to the other party.
In this case, the document must contain information about both parties to the agreement, as well as set out the reasons why the agreement is subject to termination, and indicate the date the document was sent to the counterparty. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What to refer to when terminating a contract

The law provides the customer with the right to refuse services under the contract. In this case, there is no need to go to court - this is indicated by paragraph 1 of Article 782, Part 2 of the Civil Code of the Russian Federation dated January 26, 1996 No. 14-FZ.

A citizen who is a consumer of services and uses them for personal needs (not related to commercial activities) has the opportunity to refer in his application for termination of the contract to Article 32 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1.

It should be noted that sometimes the contractor requires to show papers indicating a valid reason for severing the contractual relationship. Such a requirement is unlawful, since the customer can refuse the contract even without giving reasons.

But if the termination occurs due to the fault of the contractor, the customer should attach written evidence of this to the application (checks for payment for services performed poorly or not performed at all, etc.) - this may be useful in the future if the case goes to court.

When do you need to notify?

The requirement to notify employees of dismissal is provided for in the Labor Code of the Russian Federation for four cases :

The contract has expired.

This is the most common reason associated with notice of dismissal. According to Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract ends when a certain time (date or event) occurs. At the same time, the employee is not obliged to keep in mind the date of his departure - the employer must remind him of this in writing. Otherwise, the contract will become indefinite.

The employee failed the test.

In accordance with Art. 71 of the Labor Code of the Russian Federation, an employer can dismiss an employee who is on a probationary period for poor performance. In this case, the employee must be notified of the upcoming dismissal.

We found a replacement for the part-time worker.

According to Art. 288 of the Labor Code of the Russian Federation, a part-time employee can be replaced by an employee for whom this position will become the main one.

Reduction of staff and liquidation of the organization.

Art. calls for notifying employees about the upcoming layoff. 180 Labor Code of the Russian Federation. Special conditions for such notifications are contained in Art. 292, 296 Labor Code for temporary and seasonal workers.

Features of drawing up an application

Now there is no generally applicable, standard application form, so you can write it in free form, based on your own vision of this document. The main thing when preparing it is to ensure that the sequence of its contents meets certain standards for drawing up business documentation.

The document should be roughly divided into three parts:

beginning - information about the addressee and applicant;
the main section is a request to terminate the application, as well as information about the contract and the reasons for its termination;
conclusion - a list of attached documents and a signature.

There are no special criteria for the design of the document, just like for its content, i.e. The application may be written manually or typed on a computer. For a printed document, an ordinary blank piece of paper of any convenient format is suitable (A4 or A5 are mainly used).

It is recommended to write the application in two identical copies , one of which should be given to the representative of the organization providing services under the contract, the second should be kept with you, having previously secured a mark on it that the contractor has received a copy.

Notice period for dismissal

The most common case of notice of dismissal is the expiration of a fixed-term employment contract . The procedure for such notification is prescribed in Art. 79 Labor Code of the Russian Federation. It requires notifying the employee at least three calendar days before this date.

Failure to comply with this deadline will entail the illegality of subsequent dismissal, and the employee will automatically move from the category of temporary to permanent.

The exception is temporary workers hired to replace an absent employee. Even if the employer knows when he will return, it is not necessary to notify the employee about this. He must be fired on the day the main employee returns to work.

The Labor Code sets aside the same period for informing about the termination of the employment relationship due to poor passing of the test . The employer can fire an employee he doesn’t like, having collected all the necessary evidence, at any time during the trial stage, notifying him three days in advance .

Also Art. 71 of the Labor Code of the Russian Federation also sets a three-day period for the test subject to notify the employer that the work is not suitable for him and he will not continue it.

A different case is represented by Art. 288 Labor Code of the Russian Federation. Part-time workers are in a special position, whose work is less protected by law than the work of permanent employees. If a company finds a permanent employee to fill a position occupied by a part-time employee, it can make a replacement. The part-time worker must be notified of this at least two weeks in advance .

Particularly difficult is notifying employees about potentially massive layoffs - staff reductions and liquidation of the organization. The legislator classified these dismissals into one category and in Art. 180 established the general dismissal period: no less than 2 months .

An employee can be fired earlier by paying appropriate compensation (Part 3 of Article 180), but the notice period will still be different.

These periods are reduced for seasonal workers to a week (Part 2 of Article 296 of the Labor Code of the Russian Federation establishes a seven-day notice period), and for temporary workers with a contract period of less than 2 months - to three days, as well as upon expiration of the contract.

Sample application for termination of a service agreement

At the top of the document (right or left does not matter) you should indicate:

position, full name of the manager, name and address of the performing company under the service contract;
information about the applicant: full name, registration address and telephone number, passport details.

Then, in the middle of the form, write the word “application” and put a dot.

The main block of the application contains the actual request to terminate the contractual relationship. Here you need to indicate:

date and number of the agreement, parties (all this is entered in full accordance with the main document);
the reason and date of the break, as well as the articles of the legislation of the Russian Federation justifying these actions and the clauses of the contract itself;
a request for a refund of the advance payment (if the customer has paid it).

If necessary, the application can be supplemented with other information (depending on individual circumstances).

Normative base

According to the Civil Code of the Russian Federation, a contract can be terminated either by mutual agreement of each participant or unilaterally. Termination of the agreement is regulated by Articles 450-453 of the Civil Code of the Russian Federation.

It is worth noting that in order to carry out this procedure, it is necessary to have compelling reasons, which prevents the possibility of an uncontrolled refusal to fulfill the obligations prescribed by the contract, as this could harm partnerships and economic relations throughout society.

If the contract is terminated, you will need to provide evidence that the other party does not fulfill its obligations.

After writing the application

After completing the application, it must be transferred to the other party to the contractual relationship. You can do this in several ways:

the first and most reliable is to give it personally, from hand to hand to the service provider;
send the document via regular mail by registered mail with return receipt requested (with a list of attachments) - this route also guarantees that the message will reach the recipient;
submit the application through a representative, but only if he has a valid, duly certified power of attorney from the applicant;
send an application via email, but only if such a procedure is specified in the contract;
if there is electronic document flow between the parties, then it is allowed to send the application through the user’s personal account or via Internet banking (in situations when we are talking about credit institutions and their clients).

What is the difference between refusing to perform duties?

The right to unilaterally refuse to fulfill obligations is usually specified in the terms of the contract. After a party exercises this right, the second partner does not have the right to demand the fulfillment of obligations previously specified in the agreement.

Through the court, you can achieve not only the termination of the contract, but also the proper fulfillment of obligations. This is an important point, since in most cases the contract can not be broken, but the second party can be forced in court to fulfill all the clauses of the agreement.

The concept of termination by agreement of the parties

Art. 95 44 Federal Law defines termination of a contract as the opportunity to terminate obligations under a government contract on the basis of mutual agreements between the supplier and the government customer. However, the grounds and procedure for action have not been established. In this regard, it is necessary to be guided by the norms of the Civil Code (Civil Code of the Russian Federation), in particular Chapter 29, which describes the essence, mechanism of the procedure and possible consequences of termination of obligations.

Termination by agreement of the parties under 44 Federal Laws implies that in the process of fulfilling obligations a change in conditions occurred. Because of this, fulfillment of all terms of the contract has become less profitable than the customer or supplier initially expected when concluding.