Any employee can terminate a contract, however there are rights and obligations that vary depending on the type of contract and the reason you wish to terminate the contract. Employment Alert has collected information on the subject.
Termination of the contract for a good reason
A good cause termination occurs when the reason for the termination is related to the behavior of the employer, in which case you may be entitled to compensation.
But for this, it is necessary that a good reason be recognized and recognized by the employer or recognized as proven in court.
Thus, according to Article 394 of the Labor Code of the Russian Federation, the following actions of the employer are a valid reason for terminating an employment contract with an employee:
Late payment of remuneration in the proper form (and which lasts for 60 days);
Violate legal or customary employee warranties;
apply an insulting sanction to the employee;
non-compliance with the conditions of occupational health and safety;
unlawfully harm the serious property interests of the employee;
Direct insults to the physical integrity, freedom, honor or dignity of an employee, entailing criminal liability.
The amount of compensation an employee is entitled to varies depending on the base wage and the severity of the employer’s conduct.
However, under article 396 of the Labor Code, a worker is entitled to 15 to 45 days of basic wage plus seniority bonus for each full year of service. In addition, this compensation must be less than three months’ base salary and seniority.
With regard to prior notice, in cases where the employee has a good reason to terminate the contract, no obligation arises.
However, upon learning of a good reason, the employee must notify the employer in writing within 30 days of his desire to terminate the contract, indicating the good reason for termination (Article 395 of the Labor Code).
Termination of the contract without good reason
The employee may also want to terminate the employment contract, even if there is a good reason for doing so.
For example, because you have found a new job, because you are going to stop working for a while, or simply because you do not want to continue working at your current company.
Therefore, in this case, compliance with the notice period is mandatory. And they vary depending on the type of contract and the employee’s length of service in the company.
In the case of an open-ended employment contract, the written notice must comply with the following deadlines:
Up to two years of experience: 30 days
Experience more than two years: 60 days
These terms can be extended up to 6 months, depending on the collective work schedule that you are covered by.
Also, if you are an employee with managerial, administrative or responsible positions, the period may increase.
In the case of fixed-term contracts – definite or indefinite – advance notice must be given as follows:
Contract up to six months: 15 days
Contract with a duration equal to or greater than six months: 30 days
In the case of open-ended contracts, the performance period (15 or 30 days) refers to the already expired contract (Article 400 of the Labor Code).
Will you be eligible for unemployment benefits?
Not! When an employee retires, they are not eligible for unemployment benefits from Social Security.
Only employees who have become involuntary unemployed are entitled to this benefit.