Letter of resignation by agreement of the partiesNovember 25, 2020
Dismissal by agreement of the parties is a neutral form of termination of labor obligations. There may be many reasons for such a decision, but the essence is the same: the employee and the employer come to a mutual agreement and have no complaints against each other. The whole process begins with the initiative of one of the parties. If it comes from you, you must prepare a letter of resignation by agreement of the parties with the prescribed conditions.
How to issue a letter of resignation by agreement of the parties
The document is handwritten or printed on an A4 sheet. It should contain the following information:
- F. First name of the head, company name;
- position and name of the leaving employee;
- request for dismissal by agreement of the parties;
- the date of dismissal (if you specify it with the preposition “from”, then the last working day will be considered the previous date);
- date of writing the application;
- employee signature.
What the document may include (but is optional):
- a reference to an article of the law (clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation);
- number and date of the employment contract;
- the conditions that the employee offers to the employer: the amount of compensation, the desire to use paid leave.
Please note: in order not to find fault with anything, it is better to specify in the application that the compensation does not include mandatory payments (salary and the amount for unused vacation).
How is the dismissal process going on
If the employer agrees to your terms, the company draws up an agreement to terminate the employment contract. In fact, this does not always happen, since in the Labor Code of the Russian Federation there are no requirements for the form of the agreement, it can also be oral. But it is still better to have written proof of the parties’ consent. In some cases, the employer simply approves and signs your application, and then a decree is issued to terminate the employment contract. You are obliged to acquaint you with it under the signature. After that, an entry is made in your workbook with a link to the 77th article of the Labor Code.
Pros and cons of dismissal by agreement of the parties
- You can quit your job at any time, even while on vacation or sick leave.
- You can get compensation from your employer.
- It is possible to agree on termination date.
- If you have committed a misdemeanor, this is a chance to avoid an impartial record in your work record.
- If you don’t have time to work, this is also a good alternative to being fired at will.
But at the same time it is worth noting that if you change your mind about resigning, you will not be able to cancel the procedure unilaterally (as in the case of dismissal of your own free will). The agreement is canceled or changed only by mutual consent.
And finally: the employer has no right to force you to sign an agreement, to exert pressure. But, if there is every reason to dismiss you under the article, then the option of terminating labor relations by agreement of the parties will be much more beneficial for you.