Sample letter of resignation by agreement of the parties in 2021

Dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation) has its own characteristics. Choosing this basis as the main reason for terminating the contract allows the entrepreneur to terminate the employment relationship with the employee during the period of the contract, including in case of temporary disability. Let's talk about the nuances of the dismissal procedure under Art. 78 of the Labor Code of the Russian Federation by virtue of clause 1, part 1, art. 77 Labor Code of the Russian Federation. In what cases can an employer’s actions be declared illegal in court? What are the advantages and disadvantages of the clause: “dismissed on the basis of Art. 78 Labor Code of the Russian Federation"?

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.

One day dismissal without work

The simplest and most preferable way would be to find a common language with the employer and agree, if the latter has no reason to refuse, you can terminate the employment contract earlier than the due date; an agreement between the parties allows this to be done. If facts of violation by the employer of labor legislation, employee rights or clauses of the collective agreement are recorded, the employee may quit without working. There are a number of reasons outlined in the law why a citizen also has the right not to work the required two-week period. An employee who:

retired;
enrolled in an educational institution;
there are gross violations of labor legislation on the part of management;
conscription for military service;
other cases when it is not possible to continue working.

A worker can resign with good reasons:

change of residence (moving) to another city or region;
the employee’s husband (wife) is transferred to work abroad or to another region of the country;
the employee is forced to change his place of residence due to medical reasons;
caring for a disabled family member.

Pensioners, expectant mothers, parents and adoptive parents of children under 14 years of age also have the right to quit without working for two weeks. In the event of an unmotivated refusal by management, the employee has the right to seek protection of his rights in the CCC or in court.

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.

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.

Controversial issues

Despite the fact that this “amicable” form of severing labor relations is the least conflicting, there is still judicial practice. Most often, disputes arise if:

the agreements are not formalized in writing (see, for example, Ruling of the Supreme Court of the Russian Federation dated May 14, 2010 No. 45-B10-7);
severance pay was not paid (see Appeal ruling of the Orenburg Regional Court dated January 14, 2015 in case No. 33-240/2015);
the person proves that he was forced to sign the document (see Determination of the Oryol Regional Court dated December 22, 2010 in case No. 33-1925).

This once again proves that HR work requires thoughtfulness and attention to detail.

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.

What to pay attention to when making an application

The law does not provide for any unified forms or restrictions for drawing up an application, so you can write it in any form or according to a template valid within the company. It is only important that the structure of the form complies with generally accepted rules of office work, and that the text complies with the standards of the Russian language.

The first thing to write in the application is the “header” :

the addressee is indicated, i.e. full name of the enterprise where the employee works;
position, last name, first name and patronymic name of the manager in whose name the document is drawn up;
then enter the position, the name of the structural unit, the full name of the employee, and his contact telephone number.

Below, in the middle of the line, the word “Statement” is written.

Further, in the main part of the document it follows:

express the employee’s desire to resign with the note “by agreement of the parties”, refer to the required article of the Labor Code of the Russian Federation,
and also indicate the date of your last day at work.

If there are any additional papers that the applicant wishes to add to the application, they must be included in the form as a separate item.

If necessary, additional conditions for dismissal :

information on the transfer of equipment, furniture, machinery and other items located in the area of responsibility of the resigning employee;
the amount of compensation payments;
data on unused vacation days that the employee wants to take before leaving, etc.

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.

How to fire an employee due to a transfer (clause 5 of Article 77 of the Labor Code of the Russian Federation)?

Dismissal due to transfer differs from dismissal on one’s own initiative in just a few things:

Availability of a written invitation from another employer indicating the start date of future work and the position of the invitee or an act of election to an elective position that involves release from the main job.
Indication of the appropriate reason in the text of the employee’s application.
Sending by the employer, in response to the invitation, a letter confirming consent to the transfer.
It is impossible for an employee to withdraw a statement containing such a reason, since it is essentially identical to that reached as a result of an agreement between the parties.
The text of the entry in the work book. In this case, the reason for the transfer (to a new employer or to an elective position) will require a link to it in the text of the entry.
Impossibility for a new employer to refuse employment within 1 month after dismissal (Article 64 of the Labor Code of the Russian Federation).
It is impossible to establish a probationary period for a transferred employee in a new place (Article 70 of the Labor Code of the Russian Federation).

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.