In the modern world, work is an integral part of most people’s lives. However, sometimes, there are situations when it is necessary to terminate the employment relationship between an employee and an employer. In such cases, you can use the dismissal procedure by the parties’ agreement.
Dismissal by agreement of the parties is one way to terminate an employment contract. It allows the parties to come to a mutual agreement on the terms of termination of the employment relationship. This type of dismissal has its characteristics and advantages, which we will consider in this article. We will consider the procedure for registration of dismissal by agreement of the parties, as well as the rights and obligations of the employee and the employer in this process.
What does “dismissal by agreement of the parties” mean?
This is one of the most common grounds for dismissal, as it does not require special registration and does not require valid reasons.
By agreement of the parties, you can quit when a fixed-term or indefinite employment contract is concluded. You can quit at any time that the employee agrees with the employer: during vacation or sick leave.
The parties’ agreement means that the employee and the employer have agreed on the termination of the employment relationship and the date of dismissal, and it does not matter from whom the initiative of such dismissal comes.
Why is it important to know about the procedure for dismissal by agreement of the parties
The topic of dismissal by agreement of the parties is relevant because it is one of the most common ways to terminate an employment relationship between an employee and an employer. Dismissal by agreement of the parties avoids conflicts and litigation in the future.
This topic is relevant for all participants in labour relations: employees, employers and the state. Employees can use the dismissal by agreement of the parties to quickly and peacefully terminate the employment contract. Employers can use this method of dismissal to avoid possible claims from the employee in the future. The state is also interested in preventing labour disputes.
Who cannot be fired by agreement of the parties
Despite the simplicity of termination of employment relations by agreement of the parties, in Belarus, some categories of employees cannot be dismissed by agreement of the parties. Such employees include:
- Young specialists before the mandatory work-off period ends. This period is prescribed in the certificate of employment, which the educational institution issues.
- The company signed a contract for targeted training for young specialists. Such employees cannot be dismissed by agreement of the parties before the end of the term of work set out in the contract on targeted training.
- Also, by agreement of the parties, it is impossible to dismiss obligated persons (parents who are obliged to reimburse the state for the maintenance of children) and those sentenced to correctional labour who work for the company in such jobs by court decision.
The employer initiates dismissal by agreement of the parties
In this case, the head of the company instructs the employee responsible for human resources to prepare a dismissal proposal for the employee with the date of the expected dismissal. The reason for the dismissal does not need to be described. Usually, such an offer is made out on paper and handed over for signature. In the proposal, the employee can personally write about his consent to dismissal or disagreement and refuse to be dismissed by agreement of the parties. The employee certifies such a record with his signature and puts a date.
An employee initiates dismissal by agreement of the parties
To obtain the employer’s consent to dismissal, an employee usually writes a statement asking to be dismissed by agreement of the parties. In the application, he puts down the desired date of dismissal. The employee should not justify his dismissal by any circumstances. The head of the company may make one of the decisions on such an application:
- To satisfy the employee’s application.
- To coordinate the dismissal on another date.
- To refuse dismissal.
Usually, the head expresses his decision in the upper right corner of the application. This inscription is called “resolution” and contains, in addition to the head’s decision, his signature and date, as well as an instruction to the responsible employee to issue a dismissal (in the case when the dismissal is agreed).
Consequences of agreeing on the date of dismissal by agreement of the parties
Only by agreement of the parties can the parties change the agreed date of dismissal or cancel the dismissal. Only the employer or the employee, by his unilateral decision, cannot change the agreed date of dismissal or cancel the dismissal.
A document confirming the date of dismissal (an employer’s proposal or an employee’s statement) will be the basis for issuing a dismissal order by agreement of the parties.
Execution of dismissal by agreement of the parties
When the employer and the employee have agreed on the date of dismissal, the employee responsible for processing personnel documents issues an order for dismissal by agreement of the parties. The date of dismissal is written in the order – this date cannot be later than the date of issue of the order.
The employee is introduced to the signed order.
On the day of dismissal, the employee is given a work record with a record of dismissal. The employee must sign in the workbook on receipt of the workbook. A record of dismissal is made if a record of employment has been made. For example, when applying for a part-time job, they do not always make an entry in the employment record book, so in this case, when you leave, you also do not need to make an entry about the dismissal.
When an employee is not at work on the day of dismissal, he is called to receive a work record by mail with a delivery notification. In the offer to come for the workbook, you can ask for the employee’s consent to send the workbook by mail.
Settlement with an employee
The employee must be paid off no later than the day of dismissal. If an employee did not work on the day of dismissal and was not paid off, they may request payment in writing. In this case, the employee is settled no later than the next day after receiving such a request from the employee. Mandatory payments on the day of dismissal include:
- Wages.
- Compensation for unused work leave is calculated in proportion to the time worked.
- Payments that are set out in the employment contract with the employee.
- If the employer decides to pay an employee a bonus, which is determined based on the results of the reporting period in which the employee worked, this can be done after the employee is fired: no later than on the day of salary payment to all company employees.
Consequences of delayed payment upon dismissal
A delay in calculating dismissal risks the employer since an employee can go to court and recover the average earnings from the company for each overdue payment day. In this case, the employee will not need to pay a state fee, but the court will subsequently collect it from the employer.
The same consequences occur when an employer delays issuing a work record to an employee. In this case, the employee can demand that the court change the date of dismissal to the date of issue of his work record.
What else should an employer do?
1. In the case when, by agreement of the parties, a conscripted employee is dismissed, the employer must send information to the military enlistment office within a month.
2. When an employee has a personal file, you must transfer it to the company’s archive.
3. Send a particular document to the Social Protection Fund with information about the dismissal of an employee.
4. The vacancy must be notified to the social protection authorities if a new employee has not been accepted for the vacancy within 5 days after the employee’s dismissal. In this case, the social protection authorities will need to be notified about the closure of the vacancy.
What to pay attention to when quitting by agreement of the parties
We recommend that all agreements between an employee and an employer and changes to such agreements be made in writing. This is necessary to prevent misunderstandings that can lead to damaged relationships and reputations, litigation, and inspections.
How to contact us
For more information or advice on issues related to dismissal or recruitment in the field of information technology, do not hesitate to contact us. We are here to help and support you.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
