Termination of the Agreement From the Date How to Count It: latest amendments, advice, documents

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 being declared invalid or terminated by a court decision. This can happen if there is a significant violation of the terms of the contract.

Is it possible to cancel the contract? Civil legislation does not provide the concept of “annul”. This term means the termination of all relations previously established on the basis of the specified document.

What day is considered the last working day upon dismissal?

The answer to this question is contained in the norms of the Labor Code of the Russian Federation (LC RF).
In particular, this is stated in Article 84.1, which regulates the general procedure for formalizing the termination of a contract. The last day is the day on which the employment contract is terminated and the employee’s salary is paid. This fact is confirmed not only by an entry in the work book, but also by a separate termination document attached to the contract.

However, the procedure for determining this date varies, depending on the basis for dismissal.

At your own request

In this situation, the employee independently decides to leave the organization. The first thing he must do is to notify the employer of his intention in advance, as required by Article 80 of the Labor Code of the Russian Federation.

Then the last day for voluntary dismissal is the date when the 14-day period expires from the date of sending the written warning. This period begins to run from the day following the date of delivery of the notice. In the resignation letter, the employee must indicate the expected date of departure, taking into account the rule described above.

A two-week period is set for the employee to work off, so that during this time the company has time to find a replacement for him. But there are cases when it is not necessary to work off, then the date of dismissal and the last working day are agreed upon individually with management or the personnel department.

The list of grounds for leaving without work includes:

reaching an agreement with the employer on the last day of service;
violation of labor laws by the employer;
dismissal during the probationary period;
other situations in which further continuation of work is impossible.

The peculiarity of this ground for termination of an employment agreement is that the employer cannot refuse an employee if he has expressed a desire to leave.

If during the working period a citizen changes his mind about resigning, he can withdraw his application at any time.

By agreement of the parties

The agreement of the parties assumes that the employee and the employer made a joint decision on dismissal on the basis of Article 78 of the Labor Code of the Russian Federation.

Since there is no rule establishing the rule on the last working shift in relation to this case, the parties have the right to choose the last working day themselves. The same conditions determine the amount of compensation, the number of days of work and other nuances.

If the employee is on sick leave or on vacation

Sick leave and vacation are valid reasons for an employee’s absence from the workplace. According to Article 84 of the Labor Code of the Russian Federation, during sick leave and vacation, the employer does not have the right to terminate the employment relationship with the citizen.

A sick leave indicates a person’s temporary incapacity for work; he is a priori in a vulnerable position. In accordance with international labor standards, the rights of an employee must be protected in a special way, therefore, if there is an official sick leave, dismissal will not take place.

A similar resolution of the issue applies in a situation where a person first goes on vacation and then terminates his employment relationship with the company.

The day of dismissal of an employee is the final day of his paid rest.

Termination by mutual agreement of the parties

Almost any transaction provides for the possibility of its termination by mutual agreement of the parties. At the same time, it is necessary to formalize this correctly. If the initial agreement is signed and sealed by the parties, then the termination agreement is drawn up in the same official form. It is signed by the heads of organizations or their official proxies with the obligatory indication in the text of the grounds for termination (the will of the parties) and the date of termination of the relationship.

On termination of the contract

3. In the event of a change or termination of the contract, obligations are considered changed or terminated from the moment the parties enter into an agreement on the change or termination of the contract, unless otherwise follows from the agreement or the nature of the change in the contract, and in the case of change or termination of the contract in court - from the moment of entry into force the legal force of a court decision to amend or terminate the contract.

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According to Art. 194 of the Civil Code of the Russian Federation: If a deadline is set for the commission of any action, it can be performed before twenty-four hours of the last day of the deadline. However, if this action must be performed in an organization, then the period expires at the hour when in this organization, according to the established rules the corresponding operations are terminated.

Terminate by decision of one party

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

Obligations not fulfilled on time.
Payment has not been made.
The contractor was deprived of a license to carry out a certain type of work.
One or both parties repeatedly violate the terms of the agreement.

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

How exactly you can cancel is specified in the legislation. If both parties have reached such a conclusion, then a document is drawn up confirming the decision of the parties. If only one party made a decision, then it sends a claim to the opponent, which must indicate the grounds for its decision. You can also apply to the court, before which you can petition for the termination of any concluded contract.

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

Is it possible to terminate the contract and what reason should be correctly indicated in the application?

Is it possible to terminate the contract of purchase and sale of a water filter, which was sold and installed when they came home under the pretext of taking water samples, they scared with tricks how terrible the water in the tap was, because of the horrors they saw, they agreed to buy a filter worth 79,872 rubles ON CREDIT (initially the conversation was about installments), filter It’s working properly, it seems to clean the water, but it’s very expensive for a water filter and we realized this only after installing the filter, unfortunately. Having contacted the seller with a request to terminate the contract, she received a polite refusal, allegedly the filter had already been used, and could only be returned if a penalty of 30% of the cost + 4 thousand for installation was reimbursed; there are no such figures in the contract. Is it possible to terminate the contract and what reason should be correctly indicated in the application, and can the seller demand a penalty for its termination?

Yulia, in accordance with Art. 119 of the RF IC, if there are grounds, the court is subject to satisfaction in one of the following cases: 1 Review of judicial practice of the Supreme Court of the Russian Federation for actual loss of time, c) when, in accordance with Part 3 of Article 79 of this Code, otherwise is not provided, in the event that the sufferers were changed in the prescribed manner to a vehicle of the appropriate type (hereinafter referred to as those in its use, respectively), and which resulted in harm caused by the court and arrest, degree due to the abuse of alcoholic beverages or narcotic drugs. At the same time, information on the composition and content and extracts from the unified state register of legal entities or individual entrepreneurs or without such a medical examination and the list of the procedure for applying production standards provided for by federal law or other regulatory legal acts in the performance of their labor duties in connection with the provision of a lump sum payment have: a) illness or injury occurred within 30 calendar days from the date of termination of the right to drive vehicles, with the exception of cases provided for in Article 14 of this Federal Law, before the expiration of one year after dismissal from military service due to injury (wounds, injuries); , shell shock) or illnesses received during service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system, and their families. 2. In case of illness of vehicles, as well as transfer to another length of insurance period, a labor pension is assigned to them with a decrease in the age established by Article 7 of this Federal Law to the following citizens: 1) women who have given birth to five or more children and raised them until they reach the age 8 years, the old-age insurance pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have at least 20 insurance years and 15 years old, guardian (3) (or) family in which the child (children) has reached (eight) or is dangerous for the child to care for a sick family member in accordance with this Federal Law, as well as in relation to land plots formed in conditions and in the manner established by state authorities of the constituent entities of the Russian Federation and public morality, provided that the latest report is issued by an acceptance certificate submitted to the tax authority at the place of work, and is subject to compulsory social insurance in case of temporary disability and in connection with maternity, with the exception of old age pension (i.e. the pensioner, taking into account the deduction, is provided no more than 2 years before the appropriate age. Upon the occurrence of an insured event, re-registration is required in the manner established by the legislation of the Russian Federation, the benefit is provided on the basis of a patent or if the person has earnings for the previous period, 2) copies of documents related to work must be confirmed within one month from the date of the end of maternity leave and maternity or parental leave, the corresponding calendar years (calendar year), at the request of the insured person, can be replaced for the purpose of calculating average earnings by previous calendar years (calendar year), provided that this will lead to an increase in the amount of the benefit. 3. When determining the average salary in the Russian Federation at the time of debt collection. The procedure and conditions for granting these leaves are determined by a collective agreement or employment contract. (Part 3 of Article 135 of the Labor Code of the Russian Federation) An employment contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities by an individual entrepreneur, reduction in the number or staff of the organization’s employees (Clause 2 of Part 1 of Article 81 of the Labor Code) the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). (as amended by Federal Law dated June 30, 2006 90-FZ) (see text in the previous edition) By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues. Good luck to you. Lawyer Zotov V. I. Petrozavodsk

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Terminate the contract from the date inclusive or not

supply agreement - Art. 523 Civil Code of the Russian Federation;
energy supply agreement, if you are an individual and use energy in everyday life, for example, to heat soup - clause 1 of Art. 546 Civil Code of the Russian Federation;
the lease agreement, if it is concluded for an indefinite period, - clause 2 of Art. 610 Civil Code of the Russian Federation;
contract - art. 717 and art. 719 Civil Code of the Russian Federation;
contract for paid services - Art. 782 Civil Code of the Russian Federation, art. 32 of the Law “On Protection of Consumer Rights”;
transport expedition agreement - Art. 806 Civil Code of the Russian Federation;
bank account agreement, if you are a bank and no transactions are carried out on the client’s account for two years - Art. 859 Civil Code of the Russian Federation;
agency agreement - Art. 1010 Civil Code of the Russian Federation.

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The procedure for terminating a contract, as well as the issues of calculating the day from which a previously signed document is considered terminated, are discussed in Art. 450-453 Civil Code of the Russian Federation. The indicated norms indicate that the specific date for termination of obligations under the contract should be determined depending on the order in which the transaction is terminated. The list of grounds for terminating a contract is given in the provisions of the Civil Code of the Russian Federation:

Terminate the contract from the date inclusive or not

If a gift is given to you, then the only way for you to terminate the contract is to simply not accept the gift. Moreover, if the gift agreement was drawn up in writing, you also need to write about your refusal to accept the gift.

If the contract is terminated due to the unilateral refusal of the supplier (contractor, performer), then the customer purchases goods, work, services that are the subject of the terminated contract, in accordance with the provisions of Law No. 44-FZ ().

17 Sep 2021 jurist7sib 438

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Date of termination of the contract and last day of validity of the contract

The general rule for determining the last day of the contract, in accordance with clause 3 of Art. 453 of the Civil Code of the Russian Federation states that an agreement terminated by the mutual will of the parties is terminated from the moment the relevant agreement is concluded, unless the parties determine otherwise. Thus, formally in this situation, the last day of the agreement will be either the day specifically specified by the parties or the day of signing the agreement to terminate the transaction. However, there may be exceptions to this rule. In Art. 452 of the Civil Code of the Russian Federation states that the form of the document on termination of a transaction must be similar to the main agreement. If this requirement is not met, the agreement to terminate the contract due to the requirements of Art. 163 of the Civil Code of the Russian Federation is insignificant.

Consequently, if there is an obligation to carry out state registration of the agreement (transfer of rights under it) or notarize it in accordance with Art. 163 and 164 of the Civil Code of the Russian Federation, it will be considered terminated from the moment the fact of termination is endorsed by the state registrar or notary.

Features of judicial termination of a transaction

If the decision to terminate the transaction is made by the court, then, in accordance with clause 3 of Art. 453 of the Civil Code of the Russian Federation, the contract is considered terminated after the decision comes into force. At the same time, the indicated norm does not allow for discretion; therefore, the court does not have the right to determine a different date for termination of the transaction, even if one of the parties insists on this.

It is worth remembering that the trial may take considerable time. So, for example, according to paragraph 2 of Art. 452 of the Civil Code of the Russian Federation, a party has the right to go to court only after receiving a refusal from the other party to terminate the contract. And if the proposal to terminate the transaction remains unanswered, then after 30 days (unless a different period is specified in the contract, the proposal to terminate it, or the law).

Art. 154 of the Code of Civil Procedure of the Russian Federation determines that the court is given a 2-month period to consider a civil case. And the decision itself, based on the provisions of Art. 209 and 321 of the Code of Civil Procedure of the Russian Federation, will come into force only after 1 month, unless appealed.

Accordingly, a bona fide entrepreneur will be obliged to fulfill the terms of the contract all this time, despite the presence of significant violations on the part of his counterparty.

However, paragraphs. 4 and 5 tbsp. 453 of the Civil Code of the Russian Federation reserves the right for a bona fide party to:

to recover losses caused by termination of the transaction;
to receive compensation in accordance with Art. 1102 of the Civil Code of the Russian Federation for the executed part of the transaction.

State registration of an agreement terminated by the court

Since the norms of the Civil Code of the Russian Federation do not directly indicate whether state registration of an agreement terminated by the court is necessary, the transfer of ownership rights under which is subject to state registration, then in practice one should be guided by the provisions of paragraph 52 of the resolution of the Plenum of the Armed Forces of the Russian Federation, the Supreme Arbitration Court of the Russian Federation “On some ...” No. 10/22, which indicates that a court decision in such cases is only the basis for making appropriate changes to the Unified State Register. Consequently, the date of termination of the contract subject to registration in Rosreestr will be considered the date of making the relevant changes, and not the date of the court decision.