In times of financial turmoil, many businesses are looking for ways to optimize, often by laying off employees. In this regard, the phrase "dismissed by agreement of the parties" is increasingly common. This method of dismissal can be beneficial to both the employer and the employee. To do this, you need to correctly draw up an agreement.
It is necessary
- - Labor Code of the Russian Federation,
- - employment history.
Instructions
Step 1
Dismissal by agreement of the parties has undeniable advantages for the employer, because in this case, you can part with the employee immediately after signing the agreement, you do not have to write a preliminary notice of dismissal and incur salary costs for another two months. However, in this case, you first need to convince the employee to sign such a document. To do this, he must see his own benefit from this.
Step 2
In order for the employee not to refuse the proposed dismissal by agreement, the employer must compensate him for the payments prescribed by law in the amount of the average wage for two months. The conditions and amount of compensation must be specified in the agreement and are binding. Otherwise, the employee can challenge the agreement in court as unfulfilled.
Step 3
If the employee agrees to your offer, start the procedure for drawing up a document in which you indicate the date of termination of the employment contract and the conditions on which it is concluded. The agreement is drawn up in free form, no mandatory forms and conditions for its conclusion are provided.
Step 4
First, draw up a verbal agreement with the employee, in which you will discuss all the nuances of his dismissal, payment of compensation, and so on.
Step 5
Then, transfer these agreements to paper. In order to correctly draw up a dismissal agreement, read the corresponding article 78 of the Labor Code of the Russian Federation "Dismissal by agreement of the parties"
Step 6
Refer to this article of the Labor Code of the Russian Federation in your document. Indicate the date of termination of the contract, fill in your details.
Step 7
Submit the agreement to the employee for signature. Make sure that he correctly filled in his data, signed and decrypted.
Step 8
Write an order in which you reflect the decision to fire this employee on the basis of this document, and also specify which date should be considered the last day of the employee's work. Based on this order, the accounting department of the enterprise must prepare a calculation note, which will reflect all charges.
Step 9
Based on this order, make an appropriate entry in the employee's work book. Pay all due charges and compensations and issue a work book to a former employee.
