In many cases, the reason for dismissal is indicated in the documents of the employee Art. 77 of the Labor Code of the Russian Federation. In content, it is quite wide. In addition, it has a reference character in some part. You need to be careful and understand whether the administration of the enterprise correctly indicates the reason for the breakdown in labor relations. After all, it affects the future fate of man. Let's look at when a dismissal occurs under Art. 77 of the Labor Code of the Russian Federation. What is the practice of its application when controversial issues arise and how are they resolved. All this must be understood by the employee, so as not to be in an unpleasant situation.
Read the Labor Code
Art. 77 of the Labor Code of the Russian Federation as a whole describes the reasons for the termination of labor relations. They may be different. The described section of the legislative act contains a list of grounds for breaking off relations between the enterprise and the employee, considered general. In this case, the termination of labor relations occurs. Such a decision must be legally justified, that is, have special documents confirming one or another circumstance for dismissal specified in Art. 77 Labor Code of the Russian Federation. It says that you can terminate an employment contract for the following reasons:
- agreement of the parties;
- expiration of the contract;
- successful participation of a person in the election process;
- volitional, initiative interruption of relations;
- transfer to another duty station;
- refusal to perform duties due to a significant change in working conditions, locality, owner;
- not depending on the will of the employee.
Some of these reasons are discussed in more detail in other sections. In Art. 77 of the Labor Code of the Russian Federation, reference is made to them. It should be repeated that this section describes the general grounds for dismissal. Consider each item in more detail.
Agreement of the parties
Here, the termination of the employment contract is the result of an agreed, voluntary decision. It is applied in the case when neither of the parties has claims to the other. The most preferable, by the way, is the reason for dismissal, which in practice does not have a negative impact on a person’s further career. This paragraph reflects the generally contractual nature of the relationship between the parties. They initiated the beginning of the relationship, they also authorized their end (dismissal). P. 1, Art. 77 of the Labor Code of the Russian Federation also regulates the procedure for such a change.
In particular, the contract ends on the day agreed upon by the parties. In practice, an employee submits an application that is endorsed by management. The personnel service prepares an order reflecting the fact of termination of the contract. It also indicates the reasons with reference to Art. 77 Labor Code of the Russian Federation. In addition, the document must contain other information. This includes the amount of compensation for unused vacation, the procedure for transferring material assets to another person, etc. The consent of the parties is confirmed by the signatures of the head and employee.
End of contract
This is a separate paragraph of this article. And the conditions for its use are different. The fact is that an employment contract may be of a limited nature. Most often, it indicates the validity period (temporary or seasonal). In this case, the dismissal occurs without an application by the employee. In his documents, as the reason, the end of the contract is fixed (paragraph 2 of the article under consideration).
However, there are some additional conditions. If the term has come to an end, and the person continues to work, the administration accrues him a salary, then the contract automatically becomes unlimited. That is, processing for at least one day creates a different situation.Management no longer has the right to fire an employee based on the end of the term. In this situation, you should look for other reasons for breaking the relationship. By the way, they are described in other clauses of the article under consideration. But the employee should possess information about such trifles, so as not to be deceived by the administration.
Transfer
Clause 5 of our article describes how the procedure for an agreed change of employee’s place of work proceeds. It is called a translation. For its implementation, confirmation is necessary that the employee wishes to leave for another enterprise, and both organizations agree with such a change. This statement of the person is confirmed by the resolution of the head. The company that according to take a specialist to himself, notifies his current employer in writing. This is necessary to resolve disputes in the event of their occurrence. Man in a sense is at risk. He voluntarily leaves one job, and doesn’t know whether he will get another place. The Labor Code eliminates the risk of this article. If the contract at one enterprise is interrupted taking into account the will of three parties, then they cannot refuse to conclude the next one. The company where he moves guarantees him an employment relationship. Judicial practice under Art. 77 of the Labor Code of the Russian Federation shows that the interests of the employee are primarily taken into account. If there are supporting documents, the administration of the organization is obliged to employ the applicant.
Elected position
When a person is vested with power as a result of a plebiscite, he is also dismissed in accordance with the article in question. The reason for the termination of the contract is confirmed by the relevant documents. In practice, the employee needs to provide at the duty station the act of his election and a certificate stating that the next duty station is independent, that is, an elected position is incompatible with other work. It is called liberated. Moreover, in his documents not only the article of the Labor Code of the Russian Federation is indicated, but also the reason.
Change of circumstances
This section has a fairly broad interpretation. If you study the sources containing Art. 77 of the Labor Code of the Russian Federation with comments, it turns out that this section is often used in practice. A significant change in conditions refers to many facts. The most relevant ones are moving the enterprise to another city (locality) or changing the owner. These circumstances are reflected in the order and are accompanied by relevant documents. Substantial changes sometimes affect the schedule or working conditions.
They should also be confirmed. The administration in rare cases abuses this paragraph. A person receives a work book with an undesirable entry. We will explain. What is the reason for the dismissal is actually of great importance. The specified information will be carefully studied during subsequent employment. There are cases of refusal to conclude a new contract due to the unreliability or disloyalty of the applicant. Agree, this is unpleasant. Therefore, you need to monitor your documents and decide everything with the employer in advance, avoiding conflicts.
Conclusion
The described piece of legislation is widely used in our time. It must be emphasized that the Labor Code is written in such a way as to protect the employee. If he suspects the authorities of infringing his rights, then it is better to contact a special body or court. In addition, many enterprises have strong union organizations. You should not forget about them when resolving contentious issues.
