An employment contract is a legal document that defines the relationship between the parties that have concluded the agreement - an employee and an employer. This document establishes certain guarantees for the employee, as well as the employer's powers. The contract specifies all the working conditions, wages, rights and obligations of the parties.
The conclusion and termination of the employment contract is carried out in written or oral form, according to the requirements of the legislation. Termination of an employment contract can occur for a number of different reasons. The procedure for the termination of the employment contract is provided for by law, and the concept of its termination includes termination of the contract on the initiative of the parties.
Grounds for termination of employment contract
The legislation clearly specifies all the reasons for the termination and modification of the employment contract. These include:
- agreement of both parties;
- expiry of the contract;
- receipt or call of an employee for military (or alternative) service;
- termination of the contract on the initiative of the parties - the employee or the employer;
- termination of the contract on the initiative of third parties (trade unions, parents or guardians in cases of work with minors);
- transfer of an employee to another enterprise or institution, to an elected position;
- the employee's refusal to transfer him to another locality or to work with other working conditions;
- the entry into force of a court decision, conviction, conviction to imprisonment;
- the grounds specified and stipulated in the contract.
Let's take a closer look at the main, most common reasons for terminating an employment contract.
Termination of fixed-term employment contract
Termination of the employment contract with a fixed term of its validity is considered the end of this term. Notification of the termination of such an employment contract must be provided to the employee at least three days before the termination. An exception may be the expiration of the term of the contract concluded for the duration of the duties for another employee. In this case, the contract expires with the moment of entry into the workplace of this employee. The contract concluded for the season, that is with the seasonal workers, becomes invalid at the end of the season. A contract for the performance of a particular job is terminated when the work is completed. Early termination of a fixed-term employment contract may occur by agreement of the parties or by the initiative of one of them.
Agreement on termination of employment contract
The employment contract can also be terminated by agreement of the parties that concluded it. The date of the order to terminate the employment contract is negotiated and agreed in advance. In such a case, the employee is not required to warn the employer about the dismissal in 2 weeks. However, to indicate such reason for the termination of the contract, the consent of the employer is necessary, and the reason must be indicated in the employee's application for termination of the employment contract.
Termination of an employment contract with a part-time employee is for the same reasons as for the main employee,
Termination of an employment contract on the initiative of one of the parties
You can also terminate an employment contract on the initiative of one of the parties, for example, an employee. He has the right to do so at his own will, and at the same time must write a letter of resignation not later than two weeks before the scheduled date of dismissal.
Termination of the employment contract on the initiative of the employer may occur in the event of the complete liquidation of the organization or enterprise, the reduction of the staff of the employees, the incompatibility of the employee of the position held or the repeated gross violation of his duties without justifiable reasons.