How to write an application for dismissal by agreement of the parties
Meanwhile, dismissal by agreement of the parties has many advantages. For the employee it is an opportunity to quit at any time without working out a two-week term (even if he is on vacation or sick); for the employer - the reason to part with a careless employee without a scandal and unnecessary, unnecessary red tape. Another important difference from other grounds is the inability to refuse to be dismissed unilaterally.
If the initiator of the dismissal is an employee, he can apply to the employer with a written application (which is preferable) or orally. The application is written in an arbitrary form addressed to the head of the enterprise. In it, the employee must indicate his / her name, position, and title the document ("Statement").
In the text of the application it is necessary to indicate the reason, the exact date of dismissal, the basis. For example: "I ask that the labor agreement concluded with me be terminated, pursuant to clause 1 of Article 77 of the LC RF, by agreement of the parties in connection with the urgent move to another locality since 02.12.2010". Further, a personal signature and the date of submission of the application are put.
In addition to the main text, additional requests may be indicated in the application. For example, please send copies of the documents of dismissal by mail to the specified address.
The order is passed to the head of the application for decision. If he does not object, the corresponding visa is put on the employee's application, it is transferred to the personnel management department. The specialist prepares a draft of an additional agreement to the employee's employment contract - this is the basis for dismissal by agreement of the parties. Only after it has been signed by both parties (an employee and an employer), an order is being prepared for dismissal (unified form T-8), a note-settlement for accounting.
On the day of dismissal the employee gets acquainted with the order, with a record in the work book, gets it in his hands.
If the initiator of the dismissal is an employer, he must also notify the employee in writing of his decision. In case of his consent, the aforementioned supplementary agreement to the employment contract shall be executed. Additional points can be included in it by mutual agreement: on the payment of material remuneration in a certain amount, on the establishment of a period for the transfer of material values,
Since the legal basis for dismissal by agreement of the parties is an additional agreement to the employment contract, it is possible to agree and verbally. If the signatures of the parties in the contract are set, it can only be canceled by mutual consent. For example, if an employee changes his mind and the employer does not, dismissal will be legal.