How to the worker to dissolve the employment contract at own will?
Procedure of cancellation of the employment contract at the initiative of the worker are (at own will) regulated by article 80 of the Labour code.
The worker has the right to dissolve the employment contract, having warned about it the employer in writing in two weeks. The written application form about dismissal is obligatory. The oral statement of the worker about cancellation of the employment contract cannot be the basis for the edition the employer of the relevant order for dismissal.
The duty of the worker to warn the employer about cancellation of the employment contract at own will in two weeks (and the head of the organization - in one month) does not mean that the worker cannot make it for longer term. Two weeks should be considered as the minimum term for which the worker is obliged to inform the employer of desire to stop the labor relations.
Under the agreement between the worker and the employer the employment contract can be dissolved also before the expiration of the warning of dismissal. But if the employer did not agree to cancellation of the employment contract before the prevention expiration, the worker is obliged to work an established period. Early termination of work in this case is violation of labor discipline.
Violation of labor discipline will be also termination of work without the warning of dismissal. The worker who self-willedally left work can be dismissed for a truancy.
Before the expiration of the warning of dismissal the worker has the right at any time to withdraw the application. Dismissal in this case is not made if other worker to whom according to the labor legislation it cannot be refused in an execution of an employment agreement is not invited to its place in writing.
The employer has no right to dismiss the worker before the expiration of two weeks after submission of the declaration of avoidance of the employment contract by it if date of dismissal, or before the expiration specified in the statement is not specified in the statement. During all term of the prevention for the worker his workplace or a position remains.
After the term of the warning of dismissal the worker has the right to stop work.
In the last day works (day of dismissal) the employer is obliged to issue to the worker the service record, other documents connected with work according to the written statement of the worker and to make with it final settlement.
The employer has no right to detain the worker. Any reasons (the monetary debt, need to complete the begun work, are not handed over material values, the hostel and so forth is not freed) cannot form for this purpose the basis.
In that case when the employer after the term of the prevention did not dismiss the worker, the worker has the right not to come to work.
If the worker is absent from work in day of dismissal, then the employer in the same day has to send him the mail notification with the instruction on need to receive the service record or to agree to its departure by mail.
In cases when the statement of the worker for dismissal is at own will caused by impossibility of continuation of work by it (transfer in educational institution, retirement and other cases), and also in cases of the established violation by the employer of the laws and other regulations containing standards of the labor law, conditions of the collective agreement, the agreement or the employment contract, the employer is obliged to dissolve the employment contract in time specified in the statement of the worker.
If after the term of the warning of dismissal the employment contract was not dissolved and the worker does not insist on dismissal, then action of the employment contract continues. At the same time any additional agreements on this occasion are not required.
The worker has the right to submit the letter of resignation not only during work, but also when he for any reasons is absent from work, for example, in the period of temporary disability, stay on holiday, in business trip.
At the same time, submission of the employment contract by the worker of the declaration of avoidance at own will is not always the valid desire of the worker to stop the labor relations. Cancellation of the employment contract at the initiative of the worker is admissible in a case when filing of application about dismissal was its voluntary will. If the worker claims that the employer forced it to submit the letter of resignation at own will, then these circumstances are subject to check and the duty to prove them is assigned to the worker in court.
Reserving the right to dissolve the employment contract on own initiative at any time for the worker, the labor legislation does not oblige the worker at dismissal at own will to specify the reason for which he wants to dissolve the employment contract in the statement.