Art. 77 of the Labor Code of the Russian Federation - "General grounds for termination of the employment contract"

Labor relations cease immediately aftertermination of the contract between the organization and the employee. It is not uncommon for a situation when the termination of an employment agreement entails litigation. Art. 77 of the LC RF establishes the general grounds necessary to implement such actions. What should a worker know?

Art. 77 of the LC RF: comment

This article of labor lawdetermines the grounds necessary to terminate the employment contract. The reasons for the removal of an organization employee from work should be clearly justified. Termination of the contract is the expiration of the period after which the employee ceases to perform his work. Dismissal is the end of the work in a particular organization.

Art. 77 of the RF Labor Code every employee must know in order to avoid possible violations by the employer. There are often cases when unclean bosses, using the trust of their employee, are persuaded to write his application for dismissal and other accompanying papers. Everyone should know their labor rights in order to defend their position legally.

Common grounds for termination of employment

Common grounds for the termination of an employment agreement are the following:

• Mutual consent of the employee and the management of the organization (Article 77 part 1 of the Labor Code of the Russian Federation, item 1).
• If the term of the fixed-term contract has come to an end.
• The employee made a decision on his own dismissal.
• The head of the enterprise independently decided to dismiss the employee.
• When reorganizing or changing the subordination of the enterprise.
• When applying to another employer (clause 5 of Article 77 of the LC RF),
• With a significant change in working conditions.
• If the employee is not suitable for this job for medical reasons, and settle for another, he does not want (Article 77 of the Labor Code, paragraph 8).
• When moving the organization for a considerable distance.
• When applying for a job, the rights of the new employee were violated.
• In circumstances that do not depend on both parties to the employment contract.

Additional circumstances under which termination of employment agreements is possible:

• Bankruptcy and liquidation of the organization.
• A part-time employee may be dismissed if a new employee is accepted in his place, with whom he has concluded an unlimited contract.
• Teachers can be dismissed because of violation of labor discipline and the charter of the educational institution.
• The ambassador at the Russian Federation's representation abroad can not fulfill his obligations (341st article TC).
• If the athlete loses his qualification or violates the all-Russian anti-doping rules.

Employee Initiative

P3 Art.77 of the Labor Code of the Russian Federation presupposes the termination of employment agreements on the initiative of the employee. The employee has the right to resign at will. At the same time, the employer must be informed of the dismissal within 14 days so that he can prepare all the necessary documents and find a new specialist for the vacant position. When it comes to a seasonal contract or a fixed-term employment contract, this period is reduced to three working days.

The employee has the right to withdraw the application for leave in the 14-day period. But, if the management of the organization found a candidate for a vacant position, it will not be possible to withdraw the application.

Employer Initiative

Paragraph 4 of Art. 77 of the LC RF says that the dismissal of an employee may be initiated by the employer. The grounds for termination of the agreement may be disciplinary reasons:

• Insufficient qualification does not allow the employee to perform official duties (the decision is made by the certification committee).
• A repeated violation by the employee of the labor discipline and order of the organization.
• A single gross violation of discipline.
• Provision of forged or invalid documents for employment.

The leadership of the organization can be dismissedwith single gross violations of the labor regulations or in making a decision that entailed the loss of the property of the enterprise or the undermining of its reputation.

The initiative can come from the employer and for organizational reasons:

• Reducing the number of staff.
• Change of the owner of the organization.

Independent circumstances

None of us is insured against force majeure.Therefore, the labor agreement can be terminated due to independent circumstances, usually with the intervention of a third party or force majeure. Such cases include:

• Passage of military service in the Armed Forces of the Russian Federation.
• Judgment by the court of the impossibility of the employee fulfilling obligations at the former workplace.
• Admission to the staff of a previously dismissed employee by a court decision if his workplace is already occupied and he does not want to be transferred to another position.
• Deprivation of the employee's license to carry out activities.
• The death of one of the parties to the agreement.
• Natural and social cataclysms.

Procedure for termination of employment

Art. 77 of the Labor Code of the Russian Federation establishes the reasons for the termination of the employment agreement. How does the dismissal process take place?

Termination of employment contractis a document confirming the legal grounds for dismissal. The order form is unified. It is made up by the personnel department staff. It indicates the reason for dismissal and the date of termination of the contract. The employee must read the order against the signature. This duty falls on the specialist of the personnel department.

If necessary, this document reflects thethe opinion of the head of the trade union organization. If the accountable person is dismissed, a certificate of absence of indebtedness is attached to the order. On the last day of work, the employee is issued a work book and the final calculation is made.

Timing

The last day of performance of theobligations is the date of dismissal. However, upon prior agreement with the management, the employee can leave at any time. The citizen is notified about the termination of labor relations for 3 days, according to the 79th article of labor legislation.

Arbitrage practice

Often there are situations in which the dismissedthe employee initiates legal proceedings upon the dissolution of the employment contract due to the change in the material terms of the contract. Dismissal will be deemed unlawful if the employer does not prove that changing the organization of production has indeed caused a change in working conditions. Illegal is the wording in the order on incompatibility of the employee of the post.

Art. 77 of the Labor Code of the Russian Federation provides for general grounds on which the employment contract can be terminated. Knowledge of the procedure for the termination of employment agreements will help citizens navigate the current situation and avoid violating their rights and freedoms.

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