Увольнение по соглашению сторон

Dismissal by agreement of the parties is becoming an increasingly popular way to end an employment relationship between the employee and the employer. This approach allows both sides to avoid conflicts and litigation, creating a mutually beneficial solution. As part of this process, it is important to understand the nuances and conditions that must be met to ensure the fairness and legality of this procedure. In this article, we will look at the main aspects of dismissal by agreement of the parties, the specifics of dismissal initiated by the employee and the employer, the consequences of dismissal by agreement of the parties, and the importance of understanding the dismissal process.

What is Dismissal by Agreement of the Parties

Dismissal by agreement of the parties occupies a special place among the grounds for dismissal (for reference: the grounds for dismissal may be the following — due to circumstances beyond the control of the parties, at the end of the term of the employment contract, at the initiative of the employee, at the initiative of the employer). The procedure for dismissal by agreement of the parties does not require justification for any reasons and special registration with additional documents.

Dismissal by agreement of the parties is possible regardless of the type of employment contract under which the employee works: a contract, a fixed-term employment contract, an employment contract for the duration of a certain job or the duration of the duties of a temporary absent employee. Dismissal by agreement of the parties is allowed during vacation or sick leave. 

The employee and the employer agree on such dismissal; it does not matter which initiates it. Dismissal by agreement of the parties means that the parties to the employment contract have agreed on the dismissal of the employment relationship and the date of dismissal. 

A separate agreement to the employment contract is not signed.

Which Employees Cannot be Dismissed by Agreement of the Parties

Even though dismissal by agreement of the parties seems to be a simple process, certain categories of employees in Belarus cannot be dismissed on this basis. These include:

• Young professionals until the completion of the mandatory work period specified in the employment certificate issued by the educational institution. 
• Young specialists with whom the company has concluded a targeted training agreement. It is impossible to dismiss such employees by agreement of the parties before the end of the term of work specified in this contract.

• In addition, dismissal by agreement of the parties is not available for obligated persons (parents who are obliged to compensate the state for the cost of maintaining children) and those sentenced to correctional labour who perform their duties based on a court decision.

How is Dismissal Carried Out by Agreement of the Parties on the Initiative of the Employer

Step 1. Prepare a Dismissal Offer

A written dismissal proposal is drawn up to obtain the employee’s consent to be dismissed by agreement of the parties. It is not necessary to describe the reasons for dismissal. The proposal specifies the date of the dismissal and leaves a space for the employee’s consent.

Step 2. The employee Gets the Dismissal Offer

The proposal can be sent to the employee both on paper and electronically. They are often sent on paper since the employee needs to get consent to be dismissed on a certain date. The offer is usually handed over to the employee against signature.

Step 3. Apply for Dismissal

If the employee agrees to be dismissed from the date indicated in the dismissal offer, the employer issues a dismissal order, introduces the employee to it, makes an entry in the workbook about the dismissal, issues the employee a workbook, and pays the employee all necessary payments.

How is Dismissal Carried Out by Agreement of the Parties on the Initiative of the Employee

Step 1. Resignation Letter

An employee who wants to resign by agreement of the parties writes a letter of resignation addressed to the employer, in which he prescribes the desired date of dismissal. There is no need to justify your desire to resign by agreement of the parties in a statement.

Step 2. Employer’s Review of the Resignation Letter

The head of the company can satisfy the employee’s resignation letter, refuse to dismiss, or agree on another dismissal date. Changing the date of dismissal without the employee’s consent does not mean that the employee should be dismissed by agreement of the parties. To change the date of dismissal, it is necessary to obtain the employee’s consent to dismiss him by agreement of the parties.

The head makes his decision with a resolution on the application and transmits it to the company’s HR department.

Step 3. Execution of Dismissal

If the head agrees to dismiss the employee, they issue a dismissal order, make an entry in the workbook, and make payments to the employee. 

What Payments are Made to an Employee upon Dismissal by Agreement of the Parties

The employee must receive the payment no later than the day of dismissal. If the employee did not go to work on the day of his dismissal and was not paid, he has the right to request payment in writing. In this case, the employer must make the payment no later than the next day after receiving this request.

Mandatory payments on the day of dismissal include:

• Wages for the time worked, even if the company’s payday has not arrived.
• Compensation for unused work leave is calculated in proportion to the time worked.
• Payments that are stipulated in the employment contract with the employee.

Suppose the employer decides to pay an employee a bonus based on the results of the reporting period in which the employee worked. In that case, this can be done after his dismissal but no later than the day of payment of wages to all company employees.

An employee who is dismissed by agreement of the parties is not deducted from the dismissal payments for unpaid leave days when he leaves before the end of the working year for which he has already received leave.

Obligations of the Employer in Case of Dismissal of an Employee by Agreement of the Parties

In addition to issuing a workbook and the necessary payments to the dismissed employee, the employer must:

1. Send information to the military enlistment office about the dismissal of the conscripted employee.
2. Transfer the employee’s file to the company’s archive (the people were processing the personal file).
3. Transfer information about the dismissal to the Social Protection Fund.
4. Notify the social protection authorities about the vacancy if it is not closed within 5 days.

Why is it Important to Properly Dismiss by Agreement of the Parties

Dismissal by agreement of the parties is one of the most popular ways to terminate an employment relationship between an employer and an employee. This method is often chosen because it avoids conflicts and lengthy procedures associated with other forms of dismissal. However, a certain order must be followed to complete this process successfully. It is important because failure to follow the order can affect both sides. It is important to observe the dismissal procedure by agreement of the parties to protect both parties’ rights and interests in the employment contract. It ensures the legality of the process, helps to avoid conflicts, and ensures that the employee receives all payments due. For an employer, this is a way to minimize risks and protect their interests in the long run.

1. Legality and Legal Protection

Compliance with the dismissal procedure by agreement of the parties ensures that the dismissal takes place within the law. It protects the rights of both the employee and the employer. Failure to comply with the established rules can lead to legal consequences, including legal proceedings. If one of the parties decides to challenge the dismissal, the availability of properly executed documents and compliance with the procedure will help avoid sanctions and fines.

2. Conflict Resolution

A clear dismissal procedure helps to eliminate possible conflicts. When the procedure is transparent and agreed upon by both parties, the risk of disputes and misunderstandings is reduced. It is especially important for maintaining the company’s business reputation and good relationships with former employees.

3. Guarantees and Compensation

Compliance with the procedure allows the employee to receive all payments and compensations due to him. It may include severance pay, unused leave pay, and other payments stipulated in the agreement. It is also important for the employer, as the payment of all necessary compensation prevents possible claims from the former employee.

4. Protecting the Interests of the Employer

For an employer, following the termination procedure by agreement of the parties minimizes the risks associated with the sudden departure of key employees. The agreement often includes employee obligations, such as refusing to work for competitors for a certain period or maintaining trade secrets.

5. Documentary Evidence

The correct execution of all necessary documents upon dismissal by agreement of the parties confirms that the employment relationship has been legally terminated. It may be important in case of verification by government agencies or in controversial situations that may arise later.

Conclusion

Dismissal by agreement of the parties is one of the most flexible and convenient ways to terminate an employment relationship, which allows the employee and the employer to avoid conflicts and protracted litigation. This process is based on a voluntary agreement between both parties to terminate the employment contract on mutually beneficial terms. 

The key advantages of this approach are the ability to agree on the terms of an employee’s departure, including the amount of compensation, the notice period, and other important details. This gives the employee time to prepare for a new job search and the employer the opportunity to adapt production processes smoothly. 

However, it is important to remember that the procedure must be documented and comply with legal regulations to avoid subsequent disputes. The dismissal proposal should be formulated clearly and unambiguously, including the parties’ obligations and possible payments. 

Thus, dismissal by agreement of the parties can become an effective tool for settling labour relations if approached with attention to both parties’ legal details and interests.