Many may be faced with a situation where you need to terminate a certain type of contract. This can be a contract, rental or labor contract. The agreement on termination of the employment contract is a very important document, as unpleasant execution can lead to unpleasant consequences.
When to draw up
The document can be made both at the time of drawing up the contract, and at the time of the trial period.
An agreement on termination of an employment contract may be drawn up:
- By the employer (legal or natural person) in different situations - during the sick-time period, vacation time. All actions are carried out in accordance with legal regulations.
- With the filing of an employee. If you want to leave the place of work, the employee must draw up a letter of resignation.
- By mutual agreement of both parties - here the employer must send a proposal to the employee by letter.
Not a single normative document requires a mandatory written termination of the contract, but nevertheless, lawyers advise, whatever the grounds for termination of the employment contract, to draw up an agreement, which will be a legitimate reason for dismissal.
Registration
The main parties to the agreement are the head and subordinate. A written notice of intent shall be sent from the party that decides to initiate the termination.
There is no clear time frame for such a notification. It is important that the proposal itself be drafted in accordance with all legislative norms and leave time for writing the agreement.
Important sections
The form of the agreement on termination of the employment contract must be written (if the parties decide to draw it up). Since it is not legally established what exactly should be indicated in the document, the parties usually adhere exclusively to their intentions.
Consider the main aspects that should still be present:
- The text of the document must necessarily reflect the will of both parties. That is why the document formulates a clause on its signing on a voluntary basis both by the head and by the employee.
- The date of preparation and signing, the number of the agreement, the details of both parties, the signature and seal of the organization must be indicated.
- The date of the employee’s last exit to work should be indicated.
- In the case when the employment contract is fulfilled, the parties indicate the absence of claims to each other.
Naturally, such recommendations are general in nature. And the agreement is drawn up depending on the complexity of the employment relationship. Therefore, the more detailed the agreement is written, the easier it is to prove your own correctness later.
The following is the agreement of the parties on the termination of the employment contract (sample document).
Nuances
When an agreement is drawn up, do not forget to enter the data of the employee and employer. If the employer is an individual, then the following shall be entered in the agreement on termination of the employment contract:
- surname, name and patronymic according to the documents (passport);
- taxpayer identification number (indicated for all persons, except for those who hire employees for homework);
- information about the person who is authorized instead of the employer to approve the agreement.
The agreement must contain the amount of payments. Upon dismissal, the amount of compensation includes wages for actually worked time, unused holidays.The legislation does not provide for any other payments, if the basis for termination of the employment contract is the agreement of the parties. But if the parties agreed on additional payments, this fact should be spelled out in the document. The agreement implies either a specific amount payable or a certain number of employee salaries.
On the last working day, information on termination of employment by agreement of the parties must be entered in the employee’s work book. The record is certified by the signature of the head, as well as the stamp of the organization (if any). In a sign that the employee is familiar with this record and with the reason for dismissal, he signs in his labor book and in the book of movement of labor books. The last column contains the number of the order of dismissal, which is the basis for termination of employment.