Among the general grounds for dismissal in the first place is dismissal by agreement of the parties. However, it is used much less frequently than, for example, on their own. Why is this happening? It is possible that some uncertainty confuses the employer. The question arises, what documents need to be drawn up upon dismissal, what is the basis for it, does the employee need to write a letter of dismissal by agreement of the parties?
Meanwhile, dismissal by agreement of the parties has many advantages. For an employee, this is an opportunity to quit at any time without working a two-week period (even if he is on vacation or is sick); for the employer - a reason to part with a careless employee without scandal and unnecessary red tape. Another important difference from other grounds is the inability to refuse to dismiss unilaterally.
If the initiator of the dismissal is an employee, he can apply to the employer with a written statement (which is preferable) or orally. The application is written in any form addressed to the head of the enterprise. In it, the employee must indicate his full name, position, title the document ("Application").
In the text of the application, you must indicate the reason, the exact date of dismissal, the basis. For example: "I ask you to terminate the employment contract concluded with me under paragraph 1 of Article 77 of the Labor Code of the Russian Federation by agreement of the parties in connection with an urgent move to another settlement from 02.12.2010." Next, a personal signature and the date of application are put.
In addition to the main text, additional wishes may be indicated in the application. For example, please send copies of your termination documents by mail to the specified address.
According to the established procedure, the application is transferred to the head for making a decision. If he does not object, the corresponding visa is put on the employee's application, it is forwarded to the personnel management department. The specialist prepares a draft supplementary agreement to the employee's employment contract - it is this that is the basis for dismissal by agreement of the parties. Only after it is signed by both parties (employee and employer), a dismissal order is prepared (unified form T-8), a calculation note for accounting.
On the day of dismissal, the employee gets acquainted with the order, with the entry in the work book, and receives it in his hands.
If the initiator of the dismissal is the employer, he must also notify the employee of his decision in writing. In case of his consent, the aforementioned supplementary agreement to the employment contract is drawn up. By mutual agreement, additional clauses may be included in it: on the payment of material remuneration in a certain amount, on the establishment of a time limit for the transfer of material values, etc.
Since the legal basis for dismissal by agreement of the parties is an additional agreement to the employment contract, you can also agree orally. If the signatures of the parties have been put in the agreement, it can be canceled only by mutual agreement. For example, if an employee changes his mind, but the employer does not, the dismissal will be legal.