Lawyer explains how much money to ask for when leaving by mutual agreement

The benchmark is severance pay upon redundancy

If an employer offers termination by mutual agreement instead of redundancy, the compensation amount should be discussed taking into account the payments the employee could have received if made redundant. This was told to Gazeta.Ru by Alexey Chikhachev, managing partner of the HR agency A2. According to him, when resigning voluntarily, an employee is usually paid wages for the time worked and compensation for unused vacation, while additional amounts are possible only if provided for by the terms. In a termination by mutual agreement, an exit compensation does not arise automatically: its amount must be fixed in writing. 'In our observation, a reasonable starting point for discussion is three average monthly salaries,' the expert noted.

What is due upon redundancy

Chikhachev recalled that, as a general rule, employees are given at least two months' notice of redundancy and are paid severance pay equal to one average monthly salary. If the job search takes a long time, payment for the second month is possible, and in exceptional cases, by decision of the employment service, for the third. To receive the last payment, it is important, to contact the employment service within 14 working daysthe expert clarified. With a conditional average salary of 100,000 rubles, this could amount to between 100,000 and 300,000 rubles, not counting wages and vacation compensation. If an employee, with written consent, is dismissed due to redundancy before the end of the notice period, an additional compensation for the remaining time is provided, Chikhachev warned.

What to fix in the agreement

In the agreement, the expert recommended specifying the amount, the payment deadline, the date and grounds of dismissal, as well as the terms regarding bonuses and other accruals. According to him, one should not sign the document under pressure without assessing the consequences. It was previously reported that one in five Russians agreed to a lower salary in order to study.

Why this matters

The difference between termination by mutual agreement and redundancy is directly measurable in money: with redundancy, the law guarantees severance pay and possible payments for the second and third months, whereas with a mutual agreement, compensation exists only if it is fixed in writing. The practical takeaway from the expert's recommendations is to compare the offered amount with a calculation of 'redundancy' payments before signing and to record all terms in the document, including deadlines and bonuses. The material concerns employees who are offered this way of parting and does not replace an assessment of a specific situation by a lawyer.