Termination of the employment contract by agreement of the parties. How to terminate the contract by agreement of the parties: step-by-step instructions Disagreement with the terms of termination of the contract


The contract between the parties that concluded it can be terminated for various reasons. One of them is the consent of the parties. One party makes a proposal to the other for termination. If the other party has no objections, then an additional agreement is drawn up to terminate the contract. It will be an integral part of this agreement.

The termination agreement is a document indicating the mutual voluntary desire of the parties to terminate the relationship under a specific agreement. This document implements the principle of freedom of contract, which underlies the Civil Code of Russia.

The general requirements for this document are as follows:

  • The agreement is drawn up in writing.
  • In the introductory part, the parties to the agreement should be named, the details of the agreement being terminated should be indicated: the date of its conclusion, name and number.
  • The date of the agreement is indicated, it will be the date of termination if the text contains the words: "from the moment of signing."
  • It is indicated that the parties have no claims against each other. In case of partial fulfillment of the contract, this is indicated in the text of the agreement.
  • Specifies the number of instances of the agreement.
  • Complete the document details, signatures and seals of the parties.
  • Additional termination conditions may be named, appropriate in this particular case, and documents are attached. For example, an act of acceptance and transfer in the option of terminating a lease agreement.
  • From the moment of signing, all obligations under the terminated agreement are considered fulfilled. However, there are conditions that may continue after termination of the contract. This is, for example, warranty service of goods purchased under the contract. Or a return after termination of the lease agreement of the leased item itself.

    Sample additional agreement on termination of the contract

    If the terms of the contract are fulfilled by one party, for example, a batch of goods is delivered, then after signing the termination, the obligation to pay the batch to the counterparty is not removed from the other side.

    So, the agreement is drawn up on the basis of the consent of all parties to the contract to terminate it. It fixes in writing the completion of the interaction of the parties under this agreement. The agreement may specify special conditions for terminating the contract and conditions that will continue after the termination of the contract.

    Form of additional agreement on termination of the contract download (Size: 27.0 KiB | Downloads: 41)

    Outdated form or article? Please click!

    Additional agreement to the contract of sale on termination of the contract (sample filling)

    Related samples: Agreement

    Additional agreement N 1 to the contract of sale dated 14.03.2011 N 15 on termination of the contract

    LLC "Seller" represented by General Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the Seller, on the one hand, and LLC "Buyer" represented by General Director Petrov Petr Petrovich, acting on the basis of the Charter, hereinafter referred to as the Buyer, with on the other hand, have entered into this additional agreement as follows.

    1. The Seller and the Buyer, who are parties to the contract of sale dated 14.03.2011 N 15, have mutually agreed to terminate the said contract.

    2. At the time of termination of the contract, the parties fulfilled their obligations in the following volume. The buyer transferred an advance payment in the amount of 123,900 rubles. (including VAT - 18,900 rubles). The seller did not deliver the goods. The Seller's debt to the Buyer is 123,900 (one hundred twenty-three thousand nine hundred) rubles. including VAT - 18,900 (eighteen thousand nine hundred) rubles.

    3. The Seller undertakes to transfer 123,900 (one hundred twenty-three thousand nine hundred) rubles to the Buyer's settlement account within 5 banking days. including VAT - 18,900 (eighteen thousand nine hundred) rubles.

    4. This additional agreement is an integral part of the contract and comes into force from the date of its signing by the parties.

    5. This additional agreement is made in two copies, having equal legal force - one for each party.

    Details and signatures.

    Form of agreement on termination of the contract (sample 2014)

    From _ _ 20_ Moscow, previously paid to the last contractor under the contract, _ _ 20_ the parties agreed to consider the contract terminated with all its conditions from _ _ 20_ the contractor undertakes to return and pay the customer the money in full, in the amount of _ rubles _ kopecks. The Contractor undertakes to transfer funds by _ _ 20_, the customer will not have any material or moral claims against the Contractor, in accordance with 2 of this supplementary agreement, related to the execution of the contract, provided for in 2 and 3 of this supplementary agreement, account _ bik _ inn _ checkpoint _ limit _ _ from the moment the contractor fulfills his obligations, according to the following details of the customer: p, account: _ in _ k. With full or partial use of materials no more than 2 articles, an active link to that is not closed from indexing. Addresses, signatures of the parties, bank details. An example of an agreement form on this page of the site, termination of the contract, a sample of which can be downloaded at. Addresses, bank details, signatures of the parties. Made in two copies of equal legal force, one for each party. With full or partial use of materials no more than 2 articles active, this agreement enters into force from the moment it is signed by the parties, the link to: the subject or name of the agreement is not closed from indexing. Promotions, discounts, individual approach to each client. For the preparation and examination of contracts, additional agreements, subscription services for individuals and legal entities - a legal center, ussfera, statements of claim, we recommend that you contact a lawyer by phone - 8 919 722-05-32, offers quality services at affordable prices. Additional agreement on the termination of the contract in 2014, which you can download and fill out yourself. For the preparation and examination of contracts, statements of claim, we recommend that you contact a lawyer by phone - 8 919 722-05-32, subscription services for individuals and legal entities, additional agreements. It is an integral part of the contract. This additional agreement: comes into force from the moment of its signing by the parties. The obligations of the parties will be fulfilled as follows: 12:3.4, which the parties have already begun to fulfill. The termination agreement can be downloaded in doc format, additional agreement on termination of the contract, sample of the additional agreement of the contract, sample of 2014, pdf and excel, agreement on, termination of the contract form, termination of the contract. CEO, citizen, ooo, _ _ _ mp.

    Additional agreement on termination of the contract sample

    Sections

    SUPPLEMENTARY AGREEMENT

    on termination of the contract _______________

    No. ___ of ___ _______ 20__

    Moscow ___ __________ 20__

    Limited Liability Company ____________, hereinafter referred to as the CONTRACTOR, represented by the General Director ___________________, acting on the basis of the Charter, on the one hand, and _______________________, hereinafter referred to as the CUSTOMER, on the other hand, collectively referred to as the PARTIES, have concluded this additional agreement to the contract ___________ No. ____ dated ___ __________ 20__ (hereinafter referred to as the CONTRACT) on the following:

    2. The CONTRACTOR undertakes to return (pay) to the CUSTOMER the funds in full, previously paid to the last CONTRACTOR under the AGREEMENT, in the amount of ______________ (____________________________) rubles _______ kopecks.

    3. The CONTRACTOR undertakes, before ___ ___________ 20__, to transfer funds, in accordance with clause 2 of this additional agreement, to the following details of the CUSTOMER:

    Settlement account: ________________________________ in ______________________________

    To/account ____________________________

    BIC ________________

    TIN ________________ / KPP ________________

    OGRN ___________________

    ___________________________________________________________________

    4. From the moment the CONTRACTOR fulfills its obligations under paragraphs 2 and 3 of this additional agreement, the CUSTOMER will not have any material or moral claims against the CONTRACTOR related to the performance of the CONTRACT.

    5. This Addendum:

    comes into force from the moment of its signing by the PARTIES.

    is an integral part of the AGREEMENT.

    Termination Agreement

    In the event that the fulfillment of obligations under the contract (deliveries, for example) is hindered by certain circumstances that require a revision of the terms of the main agreement, and the counterparty has objections to this, one should resort to concluding an agreement to terminate the contract. The preparation of this document will allow you to translate disputed issues into a legal direction and avoid litigation in court.

    The parties to the agreement on termination of the contract are referred to as "Party-1" and "Party-2", respectively. At the beginning of the agreement, the names, officials and documents that are the basis of their activities are indicated. The following is information about the main contract (its number and date of preparation), as well as a detailed description of the reasons for its termination. The agreement comes into force from the moment of its signing and cancels the obligation to fulfill obligations under the previously concluded agreement.

    If, at the time of signing the termination agreement, the parties fulfill some obligation under the main contract and cannot terminate its performance for objective reasons (for example, the cargo is in transit), then the agreement should contain detailed information on how they should proceed with respect to unfinished obligations . The agreement on termination of the contract is drawn up in two copies with signatures and seals of the parties.

    procedures for termination of contractual relations will be discussed in the article. You will learn when the parties can use such an agreement and what they need to do in doing so.

    How to terminate a transaction according to the norms of Art. 450 of the Civil Code of the Russian Federation

    Termination of a transaction by agreement of the parties is relevant only for contracts in which a period of validity is established, as well as for those contracts that do not terminate with the fulfillment of obligations under them. For open-ended contracts, the legislator provides for the possibility of unilateral refusal to execute them with a notice to the other party, for example, a month in advance.

    The agreement of the parties indicates that both parties do not object to the severance of relations. If one of the parties does not express its consent, then the contract is subject to termination only through the court. At the same time, this agreement is intended to regulate certain aspects of the early termination of the transaction.

    By signing the agreement, the parties can confirm that they have no mutual claims, or vice versa, indicate the fact that there is a debt under the obligation and it must be fulfilled within a certain period. In this case, one of the parties, signing the agreement, also recognizes itself as a debtor.

    Registration of termination of the contract by agreement of the parties

    This agreement must be executed in the same form as the contract itself. So, if the parties limited themselves to a simple written form, then it will be enough for them to put their signatures and seals under the text of the agreement. If the agreement between them was notarized, then the agreement will have to be taken to the notary, but not necessarily the same as last time. The situation is the same with state registration: if the contract has been registered, then any additional agreements to it, including its early termination, are subject to entry into the register.

    Don't know your rights?

    In the agreement itself, the parties must indicate the date from which their legal relationship terminates. This may also include conditions that the parties consider necessary for documentary confirmation in the event of a break in relations. To simplify the drafting of such an agreement, you can use one of the samples posted on the Internet, simply by entering the details of the agreement and the parties, as well as the conditions under which the transaction is terminated.

    If, at the conclusion of the contract, property was transferred to one of the parties under the act of acceptance and transfer, then in addition to the agreement, an act of reverse acceptance and transfer is drawn up, where the state in which the property is returned is recorded.

    Consequences provided for by the Civil Code of the Russian Federation for termination of the contract

    These consequences are spelled out in Art. 453 of the Civil Code of the Russian Federation. With the termination of the contract, the obligations under it also cease. In the example of a lease, this means that the tenant must move out of the premises, but he does not have to pay more rent. With the termination of the contract, the party does not have the right to demand what has already been performed by him.

    But at the same time, you can demand to apply the consequences of unjust enrichment. For example, under a supply contract, payment for the next batch was made in advance, but the shipment itself did not occur. This money can be claimed back.

    Termination of the contract, if both parties agree with it, occurs by signing the relevant agreement. Early termination of legal relations allows the parties to terminate the fulfillment of obligations assumed at the conclusion of the contract. If the parties still have claims against each other, then they can resolve them even after the termination of the contract.

    1. How is dismissal by agreement of the parties different from dismissal on other grounds.

    2. How to formalize the termination of an employment contract with an employee by agreement.

    3. In what order are taxes and contributions calculated from compensation paid upon dismissal by agreement.

    An employment contract with an employee can be terminated both at the initiative of the employee and at the initiative of the employer, as well as due to circumstances beyond the control of the parties. In addition to these grounds, the Labor Code of the Russian Federation also provides for dismissal by "mutual consent", that is, by agreement of the parties. However, the situation when both the employee and the employer are simultaneously interested in terminating the employment relationship is extremely rare in practice. As a rule, the initiator is still one party, and most often, the employer. Then why do employers prefer, instead of laying off, for example, to reduce the number or staff, "negotiate" with employees? You will find the answer to this question in this article. In addition, we will find out what are the features of the design and conduct of the dismissal procedure by agreement of the parties, how it can be beneficial to the employer and employee.

    Article 78 is devoted to dismissal by agreement of the parties in the Labor Code of the Russian Federation. And literally, the content of this entire article is as follows:

    The employment contract can be terminated at any time by agreement of the parties to the employment contract.

    The Labor Code does not contain any more clarifications regarding the procedure for conducting and formalizing the dismissal of an employee by agreement of the parties. Therefore, when terminating an employment relationship with an employee on this basis, one should be guided by established practice, primarily judicial, as well as explanations given by individual departments, such as the Russian Ministry of Labor.

    Features of dismissal by agreement of the parties

    To begin with, let's define how dismissal by agreement of the parties is fundamentally different from dismissal on other grounds. These features just explain why employers and employees in certain situations prefer to disperse by drawing up an agreement.

    • Ease of design.

    All that is required for the dismissal by agreement is the will of the employee and the employer, documented. Moreover, the whole procedure can take only one day - if the day the agreement is drawn up is the day of dismissal. Neither the employer nor the employee is obliged to notify each other in advance of their intention to terminate the employment contract. In addition, the employer does not need to notify the employment service and the trade union. Thus, it is obvious that it is much easier for an employer to “break up” with an employee by agreement than, for example, by.

    • Opportunity to agree terms of dismissal.

    According to the meaning of the very wording “dismissal by agreement of the parties”, termination of the employment contract in this case is possible if the employee and the employer agreed to the conditions put forward by each other, that is, they reached an agreement. In this case, the conditions can be very different. For example, the agreement can provide for the payment of monetary compensation to the employee (severance pay) and its amount, as well as the period of work, the procedure for transferring cases, etc. It should be noted that the payment of severance pay upon dismissal by agreement is not a prerequisite, and its minimum and maximum amounts are not established by law. Also, the term of working off - it may not be at all (dismissal on the day the agreement is signed), or, on the contrary, it can be quite long (more than two weeks). It is obvious how these terms of dismissal by agreement affect the interests of the employee and the employer: for the employee, the advantage is the opportunity to receive monetary compensation, and for the employer, the opportunity to set the necessary period for working off and transferring cases to a new employee.

    • Change and cancellation only by mutual agreement.

    After the agreement establishing a certain date and conditions for dismissal is signed by the employee and the employer, it is possible to amend or withdraw from it only by mutual agreement. That is, an employee with whom an agreement on termination of an employment contract has been signed cannot unilaterally “change his mind” about resigning or put forward new conditions for dismissal (Letter of the Ministry of Labor of April 10, 2014 No. 14-2 / ​​OOG-1347). This is one of the main advantages of dismissal by agreement of the parties for the employer compared, for example, with the dismissal of an employee of his own free will, in which the employee has the right to withdraw his letter of resignation.

    ! Note: In the event that the employee sends a written notice of his desire to terminate or change the previously signed dismissal agreement, the employer should also respond in writing, arguing his position (to meet the employee halfway or leave the agreement unchanged).

    • The absence of "exceptional" categories of workers who are not subject to dismissal by agreement.

    The Labor Code of the Russian Federation does not provide for any restrictions on employees who can be dismissed by agreement of the parties. Therefore, the fact that an employee is on vacation or on sick leave cannot be considered as an obstacle to terminating an employment contract with him on this basis, in contrast, for example, to dismissal at the initiative of the employer (part 6 of article 81 of the Labor Code). Under the agreement, employees who have concluded both a fixed-term employment contract and an indefinite one, as well as employees during a probationary period, can be dismissed.

    Also, from a formal point of view, the legislation does not prohibit the dismissal of a pregnant employee by agreement of the parties: such a ban is valid only upon dismissal at the initiative of the employer (part 1 of article 261 of the Labor Code). However, when terminating a contract with a pregnant woman, the employer should be especially careful: firstly, the consent to terminate the contract must really come from the employee herself, and secondly, if the employee did not know about her pregnancy at the time of signing the dismissal agreement, but found out later and expressed a desire to annul the agreement, the court may recognize her claim as legitimate (Ruling of the Supreme Court of the Russian Federation dated 05.09.2014 No. 37-KG14-4).

    • No special justification is required for dismissal.

    Unlike, for example, dismissal for disciplinary violations, in which the employer needs to have sufficient evidence of the fact that they were committed by the employee, dismissal by agreement is based solely on the will of the parties and does not require any evidence or confirmation (the main evidence is the agreement itself, signed by the parties) . Thus, if the employee is “guilty”, then dismissal by agreement can be beneficial to both parties: the employee will avoid an unpleasant entry in the work book, and the employer will not have to additionally confirm the legality of the dismissal.

    These are the main distinguishing features of dismissal by agreement of the parties, which explain its attractiveness for both parties to labor relations. Employers especially “love” dismissal on this basis: this is the fastest and surest way to part with objectionable employees, which virtually eliminates the possibility for workers to challenge its legitimacy and reinstate their jobs- after all, they personally agreed to terminate the employment contract. Of course, we are talking about the voluntary consent of the employee to dismissal, and not about situations where such consent was obtained under pressure or fraudulently (which, however, the employee will have to prove in court).

    The procedure for issuing dismissal by agreement of the parties

    1. Drawing up an agreement on termination of the employment contract.

    Such an agreement between the employee and the employer is the basis for dismissal, so it must be documented without fail. However, the form of the dismissal agreement is not regulated, that is, the parties have the right to draw it up in any form. The main thing that this document should contain:

    • grounds for dismissal (agreement of the parties);
    • date of dismissal (last working day);
    • written will of the parties to terminate the employment contract (signature).

    An agreement on termination of an employment contract can be drawn up:

    • in the form of an employee's statement with a written resolution of the employer. This option is the simplest, but it is suitable in cases where only the date of dismissal is agreed (which is indicated in the application);
    • in the form of a separate document - an agreement on termination of an employment contract. Such an agreement is drawn up in two copies, one for the employee and the employer. In addition to the mandatory components, it may contain additional conditions that the parties have agreed on: the amount of monetary compensation (severance pay), the procedure for transferring cases, granting leave with subsequent dismissal, etc.
    1. Issuing a notice of dismissal

    An order for the dismissal of an employee by agreement of the parties, as well as for dismissal for other reasons, is drawn up in the unified form T-8 or T-8a (approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 No. 1) or according to. At the same time, the order states:

    • in the line “The basis for termination (termination) of the employment contract (dismissal)” - “Agreement of the parties, clause 1, part 1, art. 77 of the Labor Code of the Russian Federation”;
    • in the line "Basis (document, number and date)" - "Agreement on termination of the employment contract No. ... from ...".
    1. Filling out a work book

    When an employee is dismissed by agreement of the parties, the following entry is made in his work book: “The employment contract is terminated by agreement of the parties, clause 1 of part one of Article 77 of the Labor Code of the Russian Federation”

    The dismissal record is certified by the employee responsible for maintaining work books, with the seal of the employer, as well as the signature of the dismissed employee himself (clause 35 of Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”). The work book is issued to the employee on the day of dismissal (part 4 of article 84.1 of the Labor Code of the Russian Federation), and the fact of its receipt is confirmed by the signature of the employee in the personal card and the register of work books and inserts in them.

    Payments upon dismissal by agreement of the parties

    On the day the employee is dismissed, that is, on the last working day, the employer must pay him in full (Articles 84.1, 140 of the Labor Code of the Russian Federation). The following amounts are payable:

    • wages for hours worked (up to and including the day of dismissal);
    • compensation for unused vacation;
    • severance pay (if its payment is provided for by agreement of the parties).

    ! Note: The final settlement with the employee must be made on the day of termination of the employment contract. The employer is not entitled to set a later payment period (after dismissal), even if the employee himself does not object and such a period is provided for by the agreement on termination of the employment contract (Article 140 of the Labor Code of the Russian Federation).

    The calculation and payment of wages for the days worked and compensation for unused vacation (withholding for vacation used in advance) upon dismissal by agreement of the parties are no different from similar payments upon dismissal on other grounds. Therefore, we will dwell in more detail on the “specific” payment - monetary compensation in the form of severance pay.

    As already mentioned, the amount of severance pay does not have any legally established restrictions and is determined only by agreement of the parties. In practice, most often The amount of severance pay is determined by the employee:

    • in the form of a fixed amount;
    • based on the official salary (for example, in double the amount of the official salary established by the employment contract);
    • based on average earnings for a certain period after dismissal (for example, in the amount of average earnings for two months after dismissal).

    ! Note: If the size of the severance pay is set on the basis of average earnings, its amount is determined in accordance with Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the peculiarities of the procedure for calculating average wages”. At the same time, the procedure for calculating the average daily earnings for the payment of severance pay differs from that used for calculating vacation pay and compensation for unused vacation. The average daily earnings for the payment of severance pay is calculated by dividing the amount of payments included in the calculation for the last 12 calendar months preceding the day of dismissal by the number actually worked out for this period of days (paragraph 5, clause 9 of Resolution No. 922). Thus, the amount of severance pay depends on the number of working days in the period for which it is paid.

    Taxes and contributions from severance pay by agreement of the parties

    • Personal income tax from severance pay paid upon dismissal by agreement of the parties

    In accordance with paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, not subject to income tax the following payments related to the dismissal of employees:

    • severance pay,
    • average monthly salary for the period of employment,
    • compensation to the head, deputy heads and chief accountant of the organization,

    provided that the amount of such payments does not exceed in total three times the average monthly earnings(six times - for employees of organizations located in the regions of the Far North and equivalent areas). Amounts exceeding three (six) times the average monthly earnings are subject to personal income tax in the general manner (Letter of the Ministry of Finance of Russia dated 03.08.2015 No. 03-04-06 / 44623).

    ! Note: According to the explanations of the Ministry of Finance of the Russian Federation, in order to apply paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, the following must be taken into account:

    • If the severance pay due to the employee upon dismissal by agreement of the parties is paid to him in installments, then in order to determine the amount of the allowance not subject to personal income tax, it is necessary sum up all benefit payments, even if they are produced in different tax periods (Letter of the Ministry of Finance of Russia dated August 21, 2015 No. 03-04-05 / 48347).
    • To determine the threefold (sixfold) size of the average monthly earnings should be guided by Art. 139 of the Labor Code of the Russian Federation and the procedure for calculating the average wage (average earnings) established by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the features of the procedure for calculating the average wage” (Letter of the Ministry of Finance of Russia of June 30, 2014 No. 03-04-06 / 31391) . The average daily earnings are calculated in the following order:

    * Settlement period - equal to 12 previous calendar months

    • Contributions from severance pay paid upon dismissal by agreement of the parties

    By analogy with personal income tax, insurance premiums to the PFR, FFOMS and FSS not charged on the amount of payments in the form of severance pay and average monthly earnings for the period of employment, not exceeding in total three times the average monthly salary(six times - for employees of organizations located in the regions of the Far North and areas equated to them) (paragraph “e”, paragraph 2, part 1, article 9 of Law No. 212-FZ, paragraph 2, paragraph 1, article 20.2 of Law No. 125-FZ). The part of the severance pay paid upon dismissal by agreement of the parties, exceeding three (six) times the average monthly salary, is subject to insurance premiums in the general manner (Letter of the Ministry of Labor of Russia dated September 24, 2014 No. 17-3 / B-449).

    • Tax accounting of compensation upon dismissal by agreement of the parties

    Employers using both DOS and STS, are entitled to expense to pay the amount of severance pay to employees dismissed by agreement of the parties (clause 6 clause 1, clause 2 article 346.16; clause 9 article 255 of the Tax Code of the Russian Federation). The main condition: the payment of such benefits must be provided for by an employment or collective agreement, an additional agreement to an employment contract or an agreement on termination of an employment contract. The severance pay is taken into account for tax purposes in the full amount without any restrictions.

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    Normative base

    1. Labor Code of the Russian Federation
    2. Tax Code of the Russian Federation
    3. Federal Law No. 212-FZ dated July 24, 2009 “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
    4. Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
    5. Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”
    6. Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the peculiarities of the procedure for calculating the average wage"
    7. Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”
    8. Determination of the Supreme Court of the Russian Federation of 05.09.2014 No. 37-KG14-4
    9. Letters from the Ministry of Labor
    • No. 14-2/OOG-1347 dated April 10, 2014
    • dated September 24, 2014 No. 17-3 / V-449

    To terminate a state contract by agreement of the parties means to interrupt its execution before all obligations are fulfilled. The Civil Code and 44-FZ provide a special algorithm for this action. We will figure out how to terminate the state contract without errors, as well as draw up a sample agreement on termination of the contract by agreement of the parties 44-FZ.

    Termination of the contract is allowed under 44 FZ by agreement of the parties, in court, and is also provided by the customer or supplier. Consider the case when the parties have come to a mutual decision that further performance of the terms of the contract is impossible.

    The concept of termination by agreement of the parties

    The same template can also be used as a sample agreement on termination of a state contract under 44 FZ.

    Step 3. Return the collateral.

    Upon termination of the contract by agreement of the parties, 44 FZ and clause 2 of Art. 453 of the Civil Code prescribes the termination of all obligations under it. The term is indicated either in the contract itself or in the agreement to terminate the contract under 44 Federal Laws by agreement of the parties. Otherwise, the actions of the customer can be considered as unjust enrichment (clause 1, article 1102 of the Civil Code of the Russian Federation). The bank guarantee is non-refundable.

    Step 4. Place information in the Unified Information System (UIS).

    After the fact of termination of the contract under 44 Federal Laws by agreement of the parties, the procedure in the EIS requires a set of certain actions.

    Within five working days, information about this fact is posted in, with the exception of state secrets (part 26 of article 95). According to , is placed within 7 working days from the date of termination of obligations.

    Example #1

    Termination Agreement

    ______________________________________

    (indicate the name of the contract, date of conclusion, number)

    Moscow city "___" _________ 20__ G.

    Hereinafter referred to as the "Customer"¹, represented by __________________________, acting on the basis of

    (position, full name - in full)

    (the document authorizing the person to conclude this Agreement is indicated, for example: charter, power of attorney dated __________ No. ____) on the one hand, and ____________________________________________________________,

    (the full organizational and legal form of the legal entity and the name of the legal entity corresponding to its charter are indicated)

    hereinafter referred to as the "Contractor", represented by __________________________________,

    (position, full name, full name)

    acting on the basis ____________________________________________________,

    (the document authorizing the person to conclude this Agreement is indicated, for example: charter / power of attorney dated "__" _______ No. ___, etc.)

    on the other hand, hereinafter referred to as the "Parties", have entered into this Agreement on termination of the contract _________________ dated ______ No. ______ (hereinafter -

    Agreement) as follows:

    The parties have agreed:

    1. Terminate the Agreement __________ dated ___ No. ______ (hereinafter referred to as the Agreement) from _____2 20__ G.
          1. (indicate the name of the contract)
    2. The property was transferred to the Customer in accordance with the act of acceptance and transfer dated ________ 20__ *
    3. The parties, in accordance with clause ___ of the Agreement, reconciled payments as of _________.20__. The Parties have no claims for payment to each other. *
    4. Mutual obligations of the Parties under the Agreement are considered terminated from the date of signing this Agreement. The Parties do not have any claims under the Agreement or in connection with the termination of the Agreement.
    5. This Agreement comes into force from the date of its signing by the Parties and is an integral part of the Agreement.
    6. This Agreement is made in two copies, having equal legal force, one for each of the Parties.

    Customer:

    ______________________

    (signature) (full name)

    Executor:

    ______________________

    (signature) (full name)

    Example #2

    AGREEMENT

    Omsk "_____"________ 20__

    TERMINATION OF AN EMPLOYMENT CONTRACT

    State educational institution of higher professional education "Omsk State Pedagogical University", hereinafter referred to as Employer , represented by the rector Churkin Konstantin Alexandrovich acting on the basis of the Charter,

    and citizen ________________________________________________________________

    (Full Name.)

    (name of position, structural unit)

    _____________________________________________________________________________

    at the main place of work / external part-time / internal part-time

    (strike out the unnecessary )

    hereinafter referred to as Worker, have entered into this Agreement as follows:

    1. Terminate the employment contract from "_____" __________ _________. No. _______,

    prisoner between worker and employer,

    (fire) according to paragraph 1 of part 1 of article 77 of the Labor Code of the Russian Federation "_______" _____________ 20___

    (date of dismissal )

    1. Calculate the obligations of the parties under the employment contract specified in paragraph 1 of this

    Agreements executed in full.

    Additional terms:

    ____________________________________________________________________________________________________________________________________________________

    __________________________________________________________________________

    __________________________________________________________________________

    Employer : Worker :

    Rector ________________________ Employee _________________

    (K.A. Churkin) (_______________)

    "____" ______________ 20___ "____" ______________ 20___

    "Agreed»

    Head of the structural unit:

    __________________________ (______________)

    "____" _____________ 20___

    Example #3

    Termination Agreement

    communication service agreements

    No. __________ dated ___________________

    _______________ "__" __________ 20__

    Foratec Communication CJSC, hereinafter referred to as the "Contractor", represented by _________________________________________________________________________, acting on the basis of _______________________________________________________________, on the one hand,

    and ____________________________________________, hereinafter referred to as the "Customer", represented by _________________________________________________________________, acting on the basis of ______________________________________________________________, on the other hand, collectively referred to as the "Parties", have entered into this agreement as follows:

    1. The parties have agreed to terminate the contract for the provision of communication services No. _______ dated ___________________ (hereinafter referred to as the Agreement) from __________________. The last day for the provision of communication services under the Agreement is _________________.

    2. Until _____________________, the Parties draw up and sign the Reconciliation Report of Mutual Settlements under the Agreement.

    3. In the period up to _____________________, the Customer undertakes to fulfill the monetary obligations under the Agreement in the amount established by the Act of reconciliation of mutual settlements by transferring funds to the account of the Contractor.

    4. This agreement comes into force from the date of signing, made in two copies, having equal legal force, one for each of the Parties.

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