Grounds for termination of the employment contract and their classification

All the grounds of termination are clearly described in legal act, more precisely, the Labour code of the Russian Federation. Despite a stable regulatory framework, which is a good guide for workers and employers, disputes over improper termination of employment.

So, the General grounds for terminating an employment contract specified in article 77 of the law cited above. These include:

– General agreement or the agreement of the parties;

– the termination of the contractual relationship at the request of the employer;

– the end of the term of the agreement;

– the termination of the contractual relationship at the request of the employee;

– translation, with the consent or at the request of the employee, it to another position or to another place of work;

– refusal of the employee from continuing work in connection with the reorganization of the company;

– refusal of the employee from continuing the contractual relationship in connection with the changed material conditions defined in the agreement;

– the inability of the employee to continue working due to medical indications or in connection with other valid reasons. Medical reasons include illness preventing the performance of job functions, and/or disability. As valid reasons for which an employee is unable to continue its operations, there may be retirement, relocation, caregiving for a sick relative or family member and other;

– refusal of the employee in connection with unspecified transfer to another place of service or work;

– in connection with violations at the conclusion of the contract or labour legislation. If the worker requires to terminate the employment relationship prematurely in connection with gross violations, in accordance with the law must be revealed specified violations, which convened a special Commission.

N. B. If there are circumstances preventing the continuation of the work, as well as in cases of serious violations of labor law or labor contract (agreement), it must be terminated on the date specified in the statement period.

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Along with the Labour code, grounds for termination of the employment contract are reflected in the other Federal laws.

Narrowly focused legislation (e.g., the Prosecutor's office, police ) upon termination of the agreement or contract used in some other, specialized terms: “off”, “exemption from a specific position”, “resignation”. Such terms are due to the specific relations with the separate category of employees.

Also, along with the above concepts in the Russian legislation there is an article which provides another view of the termination of the working relationship between the employee and the employer – the cancellation of the employment contract. This concept applies if the employee does not come to work on a fixed date, such employment contract is equivalent to a non-concluded contract.

All the above grounds for termination of the employment contract can be divided into two groups:

– the actions of the parties due to their will (for example, the initiative of the employee or the employer, as well as the decision of the third body (the court's decision to restore the employee at the same workplace);

– reasons related to a particular event (the recognition of the insane, death of an employee, the ending of seasonal work).

Classification of grounds for termination of the employment contract.

Depending on whether, for what reasons is the end of the employment relationship, they can be divided into:

– termination (article 79, 83, 208, etc.);

– termination (article 78,80,81,280, 296, etc.);

– the liberation from work (article 83);

  termination.

Also often found a different classification of bases.

Depending on subject composition, they can be divided into:

– a common Foundation that can be applied to all workers without exception;

– additional grounds applicable to a category of employees and having the force just for her.