Article of the RF Labor Code 77: termination of the employment contract. Comments

Dismissal is an important and responsible stage not only for an employee of an organization, but also often for his relatives and friends. Russian legislation exhaustively regulates all aspects of dismissal. Article of the Labor Code of the Russian Federation No. 77 establishes the legal grounds for the termination of the contract. The labor legislation also defines aspects of dismissal and the necessary formal procedures.

Comments on Article 77 of the Labor Code of the Russian Federation

This article, as already mentioned above, establishes the reasons why the employment relationship can be terminated. Article of the Labor Code of the Russian Federation No. 77 is a legal guarantee of labor law that does not contradict the Constitution. Termination of the contract is possible when three conditions are simultaneously met:

1. There are reasons established by law.
2. Observed the order of dismissal.
3. There is an order for dismissal.

Part 1 of Article 77 of the Labor Code of the Russian Federation (points 1-4) states that the contract can be terminated at the request of the employee or employer, as agreed by the parties or by the expiration of the contract. Also the contract is subject to cancellation in the following cases:

• If the employee is transferred to another employer or to an elected position;
• When the employee refuses to perform his labor duties due to a change in ownership, changes in subordination, reorganization of the enterprise;
• If the employee refuses to continue the work due to new changes in the contract;
• When transferring an employee to another position for health reasons;
• If the enterprise moves to another locality;
• If there were circumstances that did not depend on either party;
• If the rules for concluding employment contracts are violated and it is not possible to continue working in the future.

Employee Initiative

Article 77 paragraph 3 of the Labor Code states that the employee may be dismissed on his own initiative. This is based on the principles of freedom of labor and choice of place of work. At the request of the employee, the employment relationship can be terminated at any time. In addition, Article 77 clause 3 of the Labor Code of the Russian Federation contains a reference to Article 80 TC, according to which the employer must be notified about this 14 days prior to the date of dismissal in writing, and this can be done not only during the performance of labor duties, but also on vacation, during illness.

If the reason for dismissal is the impossibility of continuing work for objective reasons (study, pension, violation of the employer's labor law, conditions of collective, supplementary agreements), the contract must be terminated within the time specified in the application. Also, the employee can withdraw the application for dismissal if the employer has not found a replacement for him. The termination of the contract in this case is not made.

Employer Initiative

Article of the Labor Code of the Russian Federation No. 77 in paragraph 2 states that dismissal may be an employer's initiative. At the initiative of the management, an employee may be dismissed for the following reasons (in accordance with Articles 71 and 81 of the RF TC) :

1. Unsatisfactory passage of the probation period.
2. Changes in working conditions.
3. Expiration of the validity period of the contract.
4. Liquidation of the enterprise.
5. Real staff reduction.
6. Inadequacy of the position for medical reasons or the results of certification at the enterprise.
7. Change of the owner of the enterprise.
8. One-time gross or repeated non-fulfillment of labor obligations.
9. Loss of trust.
10. An immoral act if the employee performs work related to upbringing.
11. Unreasonable decisions that entailed losses, or gross violations by management.
12. If, during employment, the employee provided false information or false documents to the manager.
13. The end of the validity period for access to sensitive data, if the work with them is connected.
14. Due to circumstances stipulated in the employment contract.
15. For other reasons established by this law.

Agreement

Paragraph 1 (Article 77 of the Labor Code of the Russian Federation) states that the contract can be terminated and by agreement of the parties. This can be done regardless of the validity period of the contract.

In practice, employers themselves propose to terminate the contract on this basis, when there are no other legal grounds for dismissal. However, this requires the employee's desire. Both the employee and the employer can give information about dismissal by agreement of the parties either verbally or in writing. The end date of the contract is also agreed upon.

The order of dismissal

The procedure for the dissolution of relations is also regulated by the RF TC. As a rule, the term of dismissal is considered a working day. The employee is issued a work record card and other documents related to employment, and the calculation is made.

If the employer does not fulfill at least one of these duties, it threatens him with material responsibility. A record of the dismissal order in the workbook must necessarily contain the article of the TC, on which the employment relationship was terminated.

The dismissal order

Regardless of the reason for the termination of the employment relationship, the employee must familiarize himself with the order for dismissal against the signature. If the termination occurs at the initiative of the employer, the employee is sent a notice and also under the signature. An employee of the organization may request a copy of the order and notice of dismissal.

Thus, the article of the Labor Code of the Russian Federation 77 contains 11 items. It is the legal guarantee of labor law in the Russian Federation.