Termination prevention cancellation. Termination and annulment of an employment contract: some issues of theory and practice

It involves the termination of previous obligations. From this moment, the parties will be able to consider themselves free from all obligations that previously existed.

The concept of "contract"

What is a contract? Civil law determines the presence of a certain legal fact that creates an obligation and a document that consolidates the actually established legal relationship. Thus, an agreement is an agreement between two or more persons about what rights and obligations they have established, changed or terminated.

Although the agreement covers most types of transactions, only unilateral transactions do not apply to them. They are regulated by civil law and special rules.

Cancellation of the contract

If both parties or one of the parties to the contractual relationship no longer wishes to cooperate or clearly violates the agreements reached, sealed by the contract, then the latter can be canceled. This means that the will of both parties or one of them is necessary to terminate the contract.

The legislation provides for the possibility of any transaction to be declared invalid or terminated by a court decision. This can happen in the event of a material breach of the terms of the contract.

Can the contract be cancelled? The concept of "annul" civil law does not give. This term means the termination of all relations previously established on the basis of the specified document.

Termination by mutual consent of the parties

Almost any transaction provides for the possibility of its termination by mutual agreement of the parties. However, it needs to be done correctly. If the original contract is signed and sealed by the parties, then the termination agreement is drawn up in the same official version. It is signed by the heads of organizations or their official proxies with the obligatory indication in the text of the grounds for termination (expression of the will of the parties) and the date of termination of the relationship.

Terminate by decision of one party

You can also cancel the contract unilaterally. This is especially easy to do if the document itself provides for such a condition.

Commitments not fulfilled on time.
Payment not made.
The contractor was deprived of a license to carry out a certain type of work.
The party or both repeatedly violate the terms of the agreement.

Thus, if there are sufficiently compelling reasons, then the contract can be canceled. This will not entail more serious consequences than could be with continued cooperation.

How exactly can be canceled, this is indicated in the legislation. If both parties have come to such a conclusion, then a document is drawn up confirming the decision of the parties. If the decision was made by only one party, then it sends the opponent a claim, which should indicate the grounds for the decision it made. You can also apply to the court, before which to petition for the termination of any concluded contract.

Cancellation of the transaction leads to the cancellation of all consequences associated with it.

Conditions for canceling a license

If during the year the management company was imposed an administrative penalty twice or more for non-fulfillment or improper fulfillment of the instructions of the state housing supervision body (GZHN) in relation to an apartment building, information about such a house as a result of the issuance of an appropriate decision by the state housing supervision body is excluded from the Register of licenses of the subject of the Russian Federation.

The owners may, within two months after receiving a notice of the obvious reasons for exclusion from the Register of Licenses, make a decision to prolong the activities of the management company to manage their apartment building. In this case, there are 3 working days during which the decision should be reported to the state housing supervision body, this should be done by sending a registered letter with a corresponding application and an attached copy of the protocol.

If there was an exception of information about the house from the Register of licenses, this is the basis for the termination of the activities of the managing organization.

The license can be canceled exclusively in a judicial proceeding upon filing an appropriate application by the state housing supervision body. Cancellation may occur due to a number of reasons:

the fact of distortion of the information provided is discovered;
there was a violation of the requirements of the license;
the instructions of the GZhN were not fulfilled more than two times;
violation of the procedure for issuing a license;
facts of non-fulfillment of the terms of the contract with an apartment building were revealed.

Grounds for revocation of a license

Cancellation of a license is possible on the basis of a court decision or as a result of the termination of the organization's activities. An application for annulment is submitted to the court by the state housing supervision authority. The reason for submitting the corresponding application is the decision of the licensing commission.

Despite the fact that the decision to terminate the license is made by the court on the basis of the submitted application, the court only makes such a decision, and revokes the license directly to the GZhN. The claim to the GZHN court should be based on the violations of the management company that were identified as a result of the audit.

The main reason for revoking the license of the management company and filing a corresponding application is non-compliance with the instructions issued by the GZHN.

That is, the application will be submitted if at least two prescriptions are not complied with by the management company and / or two penalties are imposed on it. It is also possible to cancel the license if in the course of managing the houses violations of the requirements were allowed, the number of which is at least two per calendar year.

The license may, at a minimum, be suspended if it fails to comply with the following requirements:

the staff of the management company is understaffed with specialists or their qualifications do not correspond to the work being performed;
information about the management company is not true.

Thus, the basis for the license to be canceled is the exclusion from the register of licenses of information about MKD, the total area of \u200b\u200bthe premises of which is more than 15% of the total area of \u200b\u200ball premises in houses that the licensee was responsible for managing during the 12 months preceding the date of application to the judicial authority.

License Termination

Part 3 of Article 199 of the Housing Code of Russia determines that the license is terminated due to its annulment by a decision of the court from the moment when the corresponding entry is made in the register of licenses of subjects of Russia. Other reasons for this are indicated in the Federal Law on Licensing Certain Types of Activities. The reasons why it is possible to exclude information about MKD from the register of licenses are indicated in article 198 of the LC RF. It determines that the cancellation of the license of the management company occurs in the following order:

the state housing supervision authority within 12 months at least twice issues an order regarding the MKD, which is managed by the licensee;
the management company (licensee) ignores the implementation of the instructions issued by the state housing supervision body, or approaches their implementation in an improper way;
the court, at the request of the state housing supervision authority, at least twice imposes an administrative penalty on the licensee for failing to comply with the order or improperly performing it;
the state housing supervision authority excludes information about the MKD, in relation to which administrative penalties were imposed, from the register of licenses. This procedure is carried out in the manner and on time, which are approved by the authorized executive authority.

Termination of activities for the management of an apartment building

Management of the MKD continues until the moment when:

the new organization will assume obligations under the MKD management contract;
there will be state registration of a housing cooperative or HOA.

Within 15 days from the date of issuance by the state housing supervision authority of a notification about the fact of the license cancellation by the local government, a general meeting is convened. In a situation where a method of management is not chosen or the decision made is not implemented, a competition is announced by the local self-government structure within 3 working days. If for some reason the competition did not take place, the contract can be concluded without a competition.

The structure that has lost its license is obliged, within two working days, to transfer technical documentation and other documents related to the MKD to a new structure that has assumed obligations to manage the apartment building.

The denunciation of the contract must take into account the norms and rules of civil circulation. As a rule, if it happens at the will of one side, then the other opposes it. As a result, the question arises of how to terminate the contract, providing for all possible options for a painless way out of this relationship.

Termination of the contract by the will of both parties

In the event that both parties decide to terminate the contractual relationship, the termination procedure takes place by agreement between them. The form of the document depends on the form of the original contract, that is, if it is signed and agreed upon by the parties, then the denunciation agreement must be drawn up in a similar way. The heads of organizations or their proxies have the right to sign such papers.

Before terminating the contract, the document on denunciation must provide for the grounds for termination (if its procedure is voluntary, then the basis will be the will of the parties), as well as the moment of termination of the performance of contractual obligations. If there are unfulfilled or unfinished obligations, it is necessary to provide for the timing of their closure.

Denunciation unilaterally

The grounds applicable for can be provided both in the Civil Code of the Russian Federation and in the document itself. First of all, these are late fulfillment of obligations, non-payment under the contract, deprivation of the contractor of permits for the affected types of activities and licenses, as well as repeated violation by the party (or both) of the terms of the contract. Most importantly, there must be good reasons to cancel the agreement. Since such termination is not a deal, it is carried out by going to court if it was not possible to resolve the problem out of court.

Termination of the loan agreement

An ordinary borrower, as a rule, is not very well versed in the legal peculiarities of the relationship between the creditor and the debtor. That is why the majority of citizens, when drawing up a contract, agree to the illegal conditions of banks. In this case, the question arises of how to terminate the loan agreement.

There must be reasons for this. For example, if the bank does not have the appropriate permission from the Central Bank to carry out certain or all types of activities, then such a document is considered illegal and has no legal force.

An agreement may also be terminated if information about the proposed loan product is not fully displayed if the agreement does not clearly spell out such constituent elements of the loan as interest, commissions, terms, etc.

Loses its validity and an agreement in which the conditions have changed unilaterally without agreement with the debtor.

In addition, it may be due to the lack of a bank seal or a personal signature of the borrower. No less important here is the cancellation of the security agreement. To cancel the agreement, you must apply to the court.

How to terminate a loan agreement? It should be borne in mind that absolutely any such agreement must be concluded only in writing, since otherwise it is difficult to prove the illegal actions of the bank.

Cancellation of the rental agreement

Before terminating a lease, you must familiarize yourself with this procedure before signing all the papers. This will help to avoid various surprises later.

Just like any other civil law agreement, the lease agreement is denounced by agreement of the parties. The conditions for this can be anything.

The grounds for termination at the request of the parties are fixed in the Lessor may cancel the contract ahead of schedule if the tenant uses the property with repeated violations, thereby significantly worsening its condition, or does not comply with the terms of the agreement. When, during the payment period established by the agreement, the other party does not make more than two consecutive payments, the landlord can easily solve the problem of how to terminate the agreement ahead of schedule. He can also do this because of the overhaul of the property not made within the time limits established by the contract.

The tenant also has the right to terminate the contract ahead of time. The grounds may be the behavior of the landlord, who prevents or does not provide property for use in accordance with the agreement. In addition, the reason for the denunciation is often the shortcomings of the property not specified by the lessor, which prevent its full use.

How can I terminate the contract? For the tenant, the reason for the cancellation of agreements may be the lack of major repairs, which are the responsibility of the owner of the property.

Termination of the contract of sale

How to terminate a sales contract? When solving this problem, it must be remembered that in the event of denunciation, the parties do not have the right to demand the return of what was performed under the obligation before the termination of the agreement, unless otherwise provided by the contract or legislation.

Cancellation of the insurance contract

The easiest way to solve this problem is to terminate the contract by agreement of both parties. But how to terminate the insurance contract and at the same time refuse further cooperation? There are two options here: the insurance company itself refuses due to non-fulfillment by the other party of the clauses of the contract, or this is done by the client using the insurance services, who can denounce the contract only if the insurance was not mandatory, but voluntary. At the same time, it must be remembered that the amount of contributions paid before the termination of the agreement will not be returned to the citizen. But still, you can write an application for a refund if you decide to terminate the contract before paying all insurance premiums.

Termination of the agreement with the bank

Getting a loan is not a problem now, but how to terminate an agreement with a bank? Despite the laboriousness and rather large time costs, this can be done, and in two ways.

The best option is denunciation by agreement of the parties. There are usually no special restrictions here, but such termination may entail some consequences (reimbursement or damages). In this case, the parties sign a written agreement with the specified amount and terms of payment.

In order to terminate the agreement unilaterally, it is necessary to apply to a civil court, since this is the only way to terminate the agreement with the bank. But this happens only in special cases (for example, the bank violates its obligations).

Also, the contract can be canceled at the initiative of the bank. This situation occurs when the client hides information about the quality, loss or reduction of collateral, violates the procedure for repaying the debt, or has already squandered funds for other purposes. Another denunciation can occur if the financial situation of the client has become worse. In cooperation with a legal entity, the reason for termination is the reorganization, bankruptcy, liquidation of the enterprise.

How to terminate an employment contract

The basis may be the usual agreement of the parties (the other party must inform in writing about its decision within 3 days). Also, the termination of the contract is due to the expiration of its validity period. Termination of the agreement can occur at the initiative of the employer (he is obliged to notify the employee in writing at least one month in advance) or the employee (he is given the same period to warn).

Denunciation may also occur due to circumstances beyond the control of the parties. This may be, for example, the death of an employee, his conscription into the army or the entry into force of a court sentence, a state of incapacity or partial capacity, etc.

If a person has moved to elective office or one of the parties violates the terms of the contract, cancellation of agreements may also occur. But in any case, the employer must issue an act of termination of the contract indicating the reason and return to the employee all stored documents, including the work book.

Termination of OSAGO contract

There can be many reasons for this, but the termination procedure itself seems to many to be complicated and confusing. So how to terminate the OSAGO agreement?

First of all, you must write a statement indicating that the denunciation is your desire, as well as attach a passport and an OSAGO policy to it. Within two weeks, the insurance company is obliged to pay out a portion proportional to the number of unused days. From the date of the written application, the contract is considered terminated.

Denunciation of the agreement with Rostelecom

How to terminate the contract? With Rostelecom, this is as easy to do as in previous cases.

The first thing to do is to write an application to the specified organization. In it, indicate the reason for termination (non-fulfillment or poor-quality fulfillment of your obligations), for which you, in fact, denounce the agreement unilaterally (indicate the clause of the contract), and also demand the return of the funds remaining on the account.

The application must be written in two copies, while requiring that the document that remains with you be stamped and marked with acceptance. The company must give a written response within two weeks. Here's how to terminate the contract with Rostelecom at the initiative of the client.

Psychostimulants and nootropic drugs are actively used in many areas of medicine. They allow you to normalize the patient's well-being, correct his emotional state. One of these drugs is Phenibut. It is prescribed to combat anxiety, depression, and certain cognitive impairments. The drug gently affects the functioning of the nervous system, normalizing cerebral circulation and metabolism. At the same time, the drug does not belong to the list of narcotic drugs, that is, it is not addictive and can be used for a long time.

Withdrawal syndrome in adults often develops against the background of the use of high doses of potent substances. The use of Phenibut is associated with a minimal risk of complications. At the same time, the formation of side effects from the use of this anxiolytic is associated with violations of the rules for its use. To prevent possible withdrawal after taking the drug, the dosage must be reduced gradually. In the event of an individual reaction to the use of the medication, it is necessary to seek medical help.

Basic information about the appointment of "Fenibut"

There are many indications for the use of this nootropic. The most common include:

Neurotic and obsessive states, accompanied by constant fear, anxiety or aggression.
Migraines and dizziness also respond well to Phenibut therapy. This is due to the ability of the drug to restore metabolic processes in the brain and improve cerebral circulation.
Various sleep disorders, including nightmares.
Nervous tics, as well as stuttering in children under 10 years of age.
Asthenic syndrome, manifested by constant fatigue, general weakness and malaise.
Vegetovascular dystonia is a common indication for the use of nootropic drugs.
"Fenibut" is also prescribed in the treatment of withdrawal syndrome against the background of refusal to use alcohol and drugs.

Thus, the drug can be used for both a child and an adult. The justification, as well as the required dose of the medicinal substance, are determined by the doctor on the basis of the collected history and the individual characteristics of the patient.

Toxicity of the agent

The drug has a mild effect on the body. Its chemical transformations occur mostly in the liver. In this case, the drug does not have a cumulative effect, that is, it does not accumulate in the body. The metabolic products of "Fenibut" are excreted through the kidneys, as well as through the intestines due to passage through the hepatobiliary system and excretion into the bile. Associated with this mechanism of drug transformation is the required caution in its use in people with severe hepatic impairment. The medication is not recommended for patients suffering from acute or chronic renal failure.

If an anxiolytic is taken for a long time and in high dosages, its toxic effect on hepatocytes is possible. The risk of fatty degeneration of liver cells increases, which is accompanied by a violation of its function. At the same time, the Phenibut withdrawal syndrome in children and adults develops extremely rarely, which is associated with its mild effect.

Symptoms and treatment of overdose

Too high a concentration of the drug in the blood leads to intoxication and failure of the internal organs. Similar consequences occur when the instructions for using the product are violated, as well as when the required dose is significantly exceeded. Clinical manifestations of this pathological condition include:

Great oppression, and constant daytime sleepiness.
Gastrointestinal disorders such as vomiting and diarrhea. Somatic manifestations of the effects of anxiolytic drugs are not uncommon, since these substances have a systemic effect on the body.
The development of acute liver failure associated with lipid degeneration of its parenchyma. These effects are rarely reported. Elderly patients, as well as people with a history of disorders of the hepatobiliary system, are predisposed to their formation.
The occurrence of acute renal failure is recorded due to the damaging effect of the decay products of Phenibut on the filtration apparatus. There is a decrease in the daily volume of urine, and symptoms of general intoxication of the body develop.

If such clinical signs occur, the medication should be discontinued. Treatment of overdose manifestations is based on accelerating the excretion of drug metabolites from the body. Gastric lavage is carried out, enterosorbents are prescribed. In severe cases, hospitalization of the patient and infusion therapy in a hospital are required.

Danger of addiction

This anxiolytic has a mild effect on the nervous structures. This is one of the lightest drugs that has a slight sedative effect, and also allows you to normalize the metabolism of nervous tissue. It does not cause the formation of dependence, since it does not belong to the group of narcotic compounds. However, with long-term use of large doses of the drug, the development of Phenibut withdrawal syndrome is possible, which lasts no more than two weeks. At the same time, it is important to distinguish between abstinence after the end of the use of a tranquilizer and the increase in clinical signs of the underlying disease. This requires a doctor's consultation.

withdrawal syndrome

Such consequences of using the drug are very rare. Usually, the drug is well tolerated by patients, even when prescribing a long course of treatment with high dosages. In this case, it is recommended to stop using the medication gradually, over a period of 3-4 weeks. This allows you to prevent possible unpleasant consequences. The Phenibut withdrawal syndrome is similar in symptoms to hangovers, colds, and clinical signs of some mental disorders. This is related to the misconception about the narcotic effect of the drug. Withdrawal of the drug is rarely accompanied by unpleasant consequences, therefore, if irritability, insomnia or an obsessive state occur, it is necessary to seek medical help.

A rare case of dependence on Phenibut in a 35-year-old man is described. The patient took the drug as maintenance therapy during the period of getting rid of alcohol dependence. At the same time, the patient combined an anxiolytic with kratom, which has a psychedelic effect. Such treatment allowed him to give up the uncontrolled use of alcoholic beverages. However, when trying to stop taking Phenibut, the man faced severe withdrawal symptoms. She was manifested by increased irritability, anxiety and aggression. The duration of the use of the nootropic agent at the time of seeking medical help was 10 months.

To save the patient from the need for medical support, complex treatment was required. It involved communicating with a doctor, as well as the use of drugs such as Baclofen and Suboxone. It took more than two months of therapy to completely stop using Phenibut and kratom. The problem was the long-term uncontrolled use of substances, as well as their incorrect combination and the lack of adequate treatment for alcohol dependence. Complete remission in the patient was noted after 24 weeks of fighting the problem.

Prevention of withdrawal syndrome

To avoid the possible negative impact of Phenibut, it is important to follow the doctor's recommendations. You can not independently adjust the dosage, as well as stop using the medicine without consulting a doctor. Gradual refusal to take nootropic and anxiolytic drugs helps prevent the development of a possible withdrawal syndrome. If signs of withdrawal are nevertheless formed, symptomatic agents are used, as well as psychotherapy aimed at identifying possible causes of malaise.

The general procedure for processing the termination of an employment contract is regulated. This article describes the algorithm of actions that must be followed.

The termination of the employment contract is formalized by the order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

According to the general rules, the day of termination of the employment contract is always the last day of the employee's work, except in cases where the employee did not actually work, but the place of work was retained for him.

On the day of termination of the employment contract, the employer must:

issue a work book to the employee (if the employee is not at work on the day of dismissal, then a notification is sent to him about the need to pick up the work book or agree to send it by mail);
make a calculation with him in accordance with;
at the written request of the employee, issue certified copies of documents related to work.

An entry in the work book on the basis and reason for the termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR professionals as to which wording to use: “employee fired”, “employment contract terminated” or “employment contract terminated”? The Labor Code does not give an unambiguous answer to this question, so employers often choose the wording at their discretion.

Grounds for dismissal of an employee

1. Dismissal during probationary period

The establishment of a probationary period for employment is regulated by Art. 70 TK. It provides a list of employees who are not subject to a probationary period:

persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
pregnant women and women with children under the age of one and a half years;
persons under the age of 18;
persons who have received secondary vocational education or higher education in state-accredited educational programs and for the first time come to work in the acquired specialty within one year from the date of receiving professional education of the appropriate level;
persons elected to an elective position for paid work;
persons invited to work in the order of transfer from another employer as agreed between employers;
persons concluding an employment contract for a period of up to two months;
to other persons in cases stipulated by the Labor Code, other federal laws, a collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of a new employee using memoranda, acts. When the trial period ends and the employer evaluates the results of the newcomer unsatisfactorily, he must document the validity of his decision.

The employer can terminate the employment contract before the expiration of the test period with an unsatisfactory result, but he will need to notify the employee in writing (in the notification format) no later than three days, indicating the reasons that served as the basis for such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If the employee refuses to sign the notification, an appropriate act is drawn up, which records the fact that the employee has read the notification and refuses to sign it. Based on the notification, an order T-8 is issued to terminate the employment contract. If the employee refuses to sign the order, then at the bottom of the order the personnel officer makes an inscription by hand that the employee was familiarized with the order, but refused to sign, or an appropriate act is drawn up. In any case, it is important to record the fact that the employee is familiar with the order.

The employee can also terminate the employment contract at his own request during the probationary period. To do this, he needs to submit an application, while he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 of the Labor Code, will be three calendar days. The dismissal itself is made on the basis (termination of the employment contract at the initiative of the employee).

2. Voluntary dismissal

Which article of the TC to focus on:.

The employee has the right to terminate the employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal. By agreement of the parties, this period may be reduced.

In cases where the dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds when such an option is possible: enrollment in an educational institution, retirement, established violation of labor legislation by the employer, etc. The practice of labor relations shows that there are many more reasons to reduce the notice period. For example, an illness that prevents the continuation of this work, if there is an appropriate medical certificate; moving to another area ().

The list of valid reasons for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in the collective agreement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract. For example, in Art. 64 of the Labor Code states that it is forbidden to refuse to conclude an employment contract for employees invited in writing to work in the order of transfer from another employer.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must:

issue a work book to the employee;
issue other documents related to work, at the written request of the employee;
make a settlement with him.

How to draw up documents?

When an employee has the right to reduce the notice period, he writes the date of dismissal, which is mandatory for the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to a benefit, but asks to be fired earlier. For example, he writes a statement on May 15, and asks to be fired on May 19. In this case, the employer may act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires a two-week notice and asks for a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the issuance of the book, so that the employee immediately signs in the book of accounting for the movement of work books).

3. Dismissal by agreement of the parties

Which article of the TC to focus on:.

The basis for dismissal "by agreement of the parties" was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: "The employment contract can be terminated at any time by agreement of the parties to the employment contract." No matter how such a basis for dismissal is perceived, it is necessary to proceed first of all from the fact that the word “agreement” itself indicates a peaceful basis for termination of employment relations.

Despite the fact that the agreement is not provided for by the Labor Code, this is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to the expiration of the employment contract

Which article of the TC to focus on:.

The grounds on which a fixed-term employment contract is concluded are spelled out in. Most often - for the duration of the performance of the duties of an absent employee, for whom the place of work is retained.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a certain date, which is prescribed in the contract itself. Three days before this date, the employer is obliged to notify the employee of the expiration of the period by means of a notice.

Sometimes it is impossible to determine the expiration date of the employment contract in advance, in which case the contract does not indicate the expiration date, but the condition. In this case, it is not necessary to notify the termination of the employment contract, since the very fact that the main employee enters work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code spells out how to issue a disciplinary sanction. The algorithm of actions of the employer in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then a written explanation is required from the employee (the deadline for providing the document is two business days). The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. In the presence or absence of an explanation, the employer makes a decision based on his assessment of the employee's actions.

The deadlines for applying the penalty must be taken into account - no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction may not be applied later than six months from the day the offense was committed.

A memorandum on the commission of a disciplinary offense is sent to the name of the director (the person who can make decisions on this issue). And the employee is given a notice against signature with the requirement to provide a written explanatory note. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action will be taken. With “soft” variants of violations, the employee is first reprimanded. At the same time, the order on the application of a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to deal with a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until the fact of violation of labor legislation is established.

The registration of such a situation begins with the preparation of an act for each working day stating that a person is absent from work for an unknown reason (the first act indicates the time of absence “from ... to”, and the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of a long absence - as of the day the next time sheet was submitted.

Letters are sent to the employee with a request to give an explanation of the reasons for the absence (must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may recognize the missing employee as missing through the court. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6, part 1, art. 83 of the Labor Code of the Russian Federation.

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