An employment contract is an agreement between an employee and an employer, providing for the period for which the employee is recruited, as well as all the attendant conditions and requirements. More often, the basis for termination of an employment contract is the expiry of the term specified in it. Another condition for terminating an employment contract may be the dismissal of the employee of his own choice or for another reason.
However, there are other reasons for the termination of the employment contract, which the employee often does not even suspect. To protect yourself from all kinds of surprises and misunderstandings, it is worthwhile to figure out what are the general grounds for terminating the employment contract.
Classification of grounds for termination of employment contract
All grounds for terminating an employment contract are classified into groups. Classification of the termination of the employment contract is carried out depending on the reason for termination, on the event or initiative of certain persons. The employment contract can be terminated:
- Upon the occurrence of a certain legal event, for example, the expiration of the contract or in the event of the death of the employee.
- In connection with certain legal actions, for example, by agreement of the parties or on the grounds stipulated by the contract, as well as when the employee refuses to transfer him to another locality or working conditions.
- On the initiative of the parties, the employee or the employer, depending on a number of reasons.
- On the initiative of third parties not related to the employment contract, for example, conscription, the decision of a court or trade union, the claims of parents or guardians under a minor employee.
Detailed consideration of additional grounds for termination of employment contract
The legislation specifies more than 10 legal grounds for the termination of the employment contract. Let us consider in more detail the most common of them.
- Agreement of the parties. The employment contract can be interrupted on the initiative of the parties - the employee or the employer. Usually such a reason is the basis for the termination of a fixed-term employment contract when its term has not yet expired, but the contract with an unsettled period of validity may also be interrupted. In this case, the employee is not obliged to warn the employer about dismissal for 2 weeks, but the date of termination of the contract must be agreed and agreed upon. The parties' agreement on the termination of the document can be both oral and written. The employee is obliged to file an application for termination of the employment document, necessarily indicating in it an article and an item that explains the termination of the agreement by agreement of the parties.
- The end of the term. The urgent labor contract is concluded only in cases when it is impossible to conclude an indefinite one. This may be a special nature of the work or the conditions for its implementation, as well as the desire of the employee. In the absence of such conditions, a fixed-term employment contract may be considered void. Termination of this
document can be only if the initiator is one of the parties - the employee or the employer. By itself, the end of the term does not terminate the contract, it is automatically deemed to be extended for an indefinite period. - Employee Initiative. Other grounds for termination of the employment contract may include the employee's refusal to transfer him to new working conditions, to another locality, to work that is contra-indicated for health reasons. Such transfers within the boundaries of one institution can only be carried out with the consent of the employee.
These are the most common and main points in the grounds for the termination of the employment contract, which any employee who has an agreement with the employer needs to know.