For starters, sidess (employee and employer) must agree. Dismissal by agreement of the parties may be issued only when no objection but on the initiative of any of them.
The initiating party presents its proposal to the other partiesE. This can be done both in writing and orally. Oral to make it more convenient as you can just discuss all the points without a long correspondence.
During the negotiations come to a compromise on the following issues: the formulation of grounds for dismissal (agreement of parties), the period of notice, severance pay (if needed).
Note that if an employee has unused vacation, you are required to pay and the employee's desire to put the date of dismissal last day of vacation. This caveat also appears in the text of the agreement.
After all the questions, fill out the agreement of the parties, in writing in two copies. The title of the document should look like this: Agreement no. ... on termination of the employment contract from (date of agreement) no (contract number). Next, specify the place of execution (city) and date of executing the agreement.
In the header, specify the sidess of the agreement (as well as in the employment agreement). Next on the points list agreement: - that the contract is terminated in accordance with clause 1.St.77 TK the Russian Federation (by agreement of the parties);
- specify the date of dismissal (date);
- fix that in day of dismissal the employer is obliged to give the employee the completed work book and make full payment;
- if there is a payment, indicate this fact and the amount of payment;
- make standard items that sidess do not have mutual claims and that this agreement is made in two copies, both with equal legal force.
Sign the form, seal with the sidess of the employer.
After signing the agreement, you must place your order on the dismissal, which specify the basis for dismissal (article of the labour code) and document-based (Agreement №... from...). Familiarize the employee with the order under the painting.
Record in the workbook with the number of orders. It is better to do the day of dismissal, as if the dismissal is scheduled in a certain period of time, plans of the parties can change.
Each of the parties has the right to change its intentions regarding layoffs. In this case, you must deliver to the other partiese in writing a proposal for cancellation of the agreement.
If the second of the partiesand agree that the agreement and the order shall be cancelled, which also must be in writing in the same form as the agreement and order of dismissal
If the second of the partiesnot agree, the agreement remains in force, oneof the parties tothis order it cannot be altered.