According to the Labor Code, the relationship between employer and employee can be terminated by mutual agreement. This method of terminating an employment contract is the least problematic and time consuming. But one way or another, personnel workers will have to draw up a number of documents.
It is necessary
labor contract
Instructions
Step 1
The first thing you need to do is conclude an agreement to terminate your employment contract. As a rule, it is drawn up in written and free form. Signed by both parties.
Step 2
Be sure to indicate in the agreement the number and date of the terminated employment contract, and also indicate that this regulatory document ceases to be valid under paragraph 1 of Article 77 of the Labor Code of the Russian Federation (agreement of the parties).
Step 3
Do not forget to indicate the obligations of the parties, for example, the payment of compensation for unused vacation, while in the agreement write down the date of payment and the amount.
Step 4
Be sure to write down the term for termination of the employment contract. And be careful when dismissing, as the date specified in the above-written agreement must coincide with the actual date of termination of the contract, otherwise you will have to draw up a new agreement.
Step 5
Remember that the employee does not have to draw up a letter of resignation, and he also does not have to work out the prescribed two weeks after signing the document. On your part, there are pluses when using this method of dismissal - the employee will not be able to challenge the dismissal in court and recover to his previous job. There are also pluses on the part of the employee himself - if the work experience upon dismissal of his own free will is not interrupted for three weeks, then upon dismissal by mutual consent, this period is increased to a month.
Step 6
On the basis of the agreement, issue a dismissal order (Form No. T-8). On the Ground For Termination line, indicate the agreement. After that, make an entry in the employee's work book. Please note that you need to refer to paragraph 1 of the first part of Article 77 of the Labor Code of the Russian Federation (abbreviations in the work book are not allowed).
