All grounds for termination of employment contractare clearly regulated by the legislative act, more precisely, the Labor Code of the Russian Federation. Despite a stable regulatory framework, which is a good guide for employees and employers, disputes over the improper termination of employment are taking place.
Thus, the general grounds for termination of the employment contract are indicated in Article 77 of the above normative act. These include:
- agreement or general agreement of the parties;
- termination of contractual relations at the request of the employer;
- expiration of the contract;
- Termination of contractual relations at the request of the employee;
- transfer, with the consent or at the request of the employee, to another position or other place of work;
- the refusal of the employee to continue working in connection with the reorganization of the enterprise;
- the refusal of the employee to continue the contractual relationship in connection with the changed essential conditions specified in the contract;
- the inability of the employee to continue workingdue to medical reasons or in connection with other valid reasons. The medical grounds include a disease that interferes with the performance of labor functions, and / or disability. As valid reasons why an employee can not continue his activities, retirement, change of residence, care of a sick relative or family member, etc., can take place;
- Refusal of the employee in connection with an unconvicted transfer to another place of service or work;
- in connection with violations of the contractor labor legislation. If the employee demands to terminate the employment relationship ahead of schedule due to gross violations, then in accordance with the procedure established by law, the fact of the violation specified by him must be revealed, for which a special commission is convened.
N.B.If there are circumstances that prevent the continuation of work, as well as in cases of gross violation of labor law or an employment contract (contract), it must be terminated within the time specified in the application.
Along with the Labor Code, the grounds for termination of the employment contract are reflected in other federal laws.
In specific legislative acts(for example, on the prosecutor's office, on the police), after the termination of the contract or the contract, slightly different, specialized terms are used: "exemption from work", "release from a certain post", "resignation". Such terms are determined by the specific relationship with a particular category of workers.
Also, along with the above concepts, inRussian legislation has an article that provides for another type of termination of working relations between the employee and the employer - the cancellation of the employment contract. This concept applies if an employee does not come to work on a fixed date, such an employment contract is equal to an unconcluded contract.
All of the above grounds for terminating an employment contract can be conditionally divided into two groups:
- the actions of the parties, conditioned by their will (for example, the initiative of the employee or employer, as well as the decision of the third body (court decision to restore the employee to their former workplace);
- grounds associated with the occurrence of a certain event (recognition of the insane, the death of an employee, the end of seasonal work).
Classification of grounds for termination of employment contract.
Depending on the reasons for the termination of the employment relationship, they can be divided into:
- Termination (Articles 79, 83, 208, etc.);
- Termination (Articles 78,80,81,280, 296, etc.);
- exemption from work (Article 83);
- dismissal.
Also, there is often a different classification of grounds.
Depending on the subject composition, they can be divided into:
- general grounds that can be applied to all employees without exception;
- additional grounds that apply to a particular category of employees and are valid only for it.
