The agreement of the parties on cooperation is drawn up in the form of an agreement. The form and clauses of the agreement are determined by law, taking into account the intentions and agreements of the participants. The wording "agreement of the parties" is more often used in the field of labor law and implies a special procedure for dismissal, which is provided for in paragraph 1 of Art. 77 article 78 of the Labor Code of the Russian Federation.
Instructions
Step 1
To begin with, the parties (employee and employer) must agree. Dismissal by agreement of the parties can be formalized only in the absence of objections, but on the initiative of any of them.
Step 2
The initiating party communicates its proposal to the other party. This can be done both in writing and orally. It is more convenient to do this orally, since you can immediately discuss all the points without lengthy correspondence.
Step 3
During the negotiations, come to a compromise solution on the following issues: the wording of the grounds for dismissal (agreement of the parties), the term of dismissal, the amount of severance pay (if necessary).
Step 4
Please note that if an employee has unused vacation, then you must pay for it and, if the employee wishes, set the last day of vacation as the date of dismissal. Add this nuance to the text of the agreement.
Step 5
After agreeing on all the issues, draw up an agreement of the parties, in writing, in duplicate. The name of the document should look like this: Agreement No. … on termination of the employment contract from (date of the contract) No. (contract number). Next, indicate the place of drawing up (city) and the date of the agreement.
Step 6
In the header, indicate the parties to the agreement (just as it is done in the employment contract). Then, point by point, list the agreements: - that the contract is terminated in accordance with clause 1, article 77 of the Labor Code of the Russian Federation (by agreement of the parties);
- indicate the day of dismissal (date);
- Record that on the day of dismissal, the employer undertakes to give the employee a completed work book and make a full payment;
- if there is a payment of severance pay, indicate this fact and the amount of the payment;
- add standard clauses that the parties have no mutual claims and that this agreement is made in two copies, both with equal legal force.
Step 7
Sign the agreement, stamp it with the employer.
Step 8
After signing the agreement, it is necessary to issue an order for dismissal, in which indicate the basis for dismissal (article of the Labor Code of the Russian Federation) and the document-basis (Agreement No. … from …). Familiarize the employee with the order against signature.
Step 9
Make an entry in the work book indicating the order number. It is better to do this on the day of dismissal, since if the dismissal is scheduled after a certain period of time, the plans of the parties may change.
Step 10
Each of the parties has the right to change their intentions regarding dismissal. In this case, it is necessary to send a written proposal to the other party to cancel the agreement.
Step 11
If the other party agrees, the agreement and order are canceled, which is also drawn up in writing in the same form as the agreement itself and the order of dismissal
Step 12
If the other party does not agree, then the agreement remains in force, it is impossible to cancel it unilaterally.
