Any labor relationship should be based on a contract. But there are situations when the agreement has to be terminated. For an employee to be properly dismissed, all legal norms must be observed. One of them is the publication of an order to terminate the employment contract.
Grounds
It is possible to initiate termination of the contract not only on the part of the management or the employee, other reasons may also precede the dismissal. We will analyze the main ones:
- The desire of the employee.
- The desire of the employer. Here, the reason for dismissal may be a mismatch of the position, an unfair attitude to work, and frequent violations.
- Reducing the number of employees. Not all companies can withstand the pressure of competition or surging difficulties. And often you have to reduce staff. Consequently, labor relations with all due payments are terminated with them.
- Liquidation of the organization. In this case, the entire state must write a letter of resignation. And since the reason relates to the initiative of the head, employees can rely on statutory payments.
- Failure to complete the probationary period. The test is established so that the boss can assess the competence of the employee. If, after the time has passed, the manager understands that the employee is not suitable, an order must be issued to terminate the employment contract with the employee. The dismissal must be notified in three days.
- Agreement of the parties. This case is applicable when the parties come to a common opinion on the termination of labor relations, and the head of such an agreement can protect himself from possible litigation.
- The expiration of the contract. When the employment contract expires, the employee must be notified of the upcoming dismissal in three days if the employer does not want him to continue to work in the organization.
Order
The order to terminate the employment contract is the established form of the T-8 form. This document should indicate:
- name of organization, details of the employer who endorses the document;
- details of the employee leaving the company and his position;
- the reason is the grounds for dismissal with reference to the law.
In the case when the organization has a trade union, when drawing up the order, it is necessary to indicate its opinion.
After the order is issued, the employee who is being dismissed should familiarize himself with it and put his signature.
The following is a sample order to terminate the employment contract at the request of the employee - an example of a document:
If an employee has died
The situation is unpleasant, but it can be encountered at any enterprise. The execution of the order on the termination of the employment contract in this case is no different from the usual. The difference will be only in putting down the date of dismissal - it is taken from the death certificate. Without this form, the organization does not have the right to dismiss an employee for this reason. And according to the law, the prescribed payments are naturally received not by the employee himself, but by his relatives.
Typically, in an order, the basis of the line indicates clause 6 of article 83 of the Customs Code - reasons independent of the will of the parties.
Familiarization and storage
The dismissed employee must be notified of the termination of the contract at least 3 days in advance. For some reasons, up to 3 months are regulated.
At the same time, it is important that the employee is familiarized with the order to terminate the employment contract and leaves his signature in agreement with the reasons for dismissal. Otherwise, termination of employment is considered illegal.
Similar documents are stored for 75 years. As a rule, special registers are created for them in the organization and a place is allocated in the archives, so that at any time it is possible to raise papers to resolve issues.