Dismissal at one's own request - registration rules and controversial situations. Dismissal at will Article 80 of the Labor Code of the Russian Federation

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. Flow specified period begins the day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (by at will) due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing norms labor law, local regulations, terms of a collective agreement, agreement or employment contract the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws the conclusion of an employment contract cannot be refused.

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.

What is an established violation of labor laws? This question is answered by subparagraph “b” of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, which states that it is necessary to keep in mind that these violations can be established, in particular, by the bodies carrying out state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and courts.

Many controversial issues may arise: does the right to dismissal at one's own request without working out depend on the employee's form of education - full-time, evening, correspondence? Is it necessary to dismiss an employee without working time if he has just enrolled and has not yet started classes? What about pensioners who continued to work after reaching retirement age - do they have the right to be dismissed without working?

Dismissal of a pensioner, latest clarifications from the Ministry of Labor

All periods of required work are specified in clause 3 of Art. 80 Labor Code of the Russian Federation. Should a pensioner work for the required period?
If an employee is dismissed on the grounds of retirement, then he has the right to receive a payment on the same day on which he writes a statement indicating the reason for dismissal. But most often, the employer counts such an employee on the next payment day. wages, having agreed on this with the retiring pensioner. There is no need to work the required two weeks. To avoid misunderstandings on the part of the accounting department, it is advisable to communicate your desire to terminate your employment relationship on the day of retirement in advance.

If such a right exists, the employer is obliged to dismiss the employee within a period determined by him. This is stated in paragraph 3 of Art. 80 Labor Code of the Russian Federation. This article does not say that the resigning employee must explain the reason for his dismissal. But if dismissal entitles the employee to receive any additional benefits, then the reason must be indicated. Dismissal of a pensioner at his own request without working in 2020 is a benefit guaranteed to him by the labor code. Therefore, the application must indicate the reason.

Dismissal “without working for two weeks”: is it possible or not?

The government often considers increasing the retirement age, since many continue to work. The company is also not interested in the loss of able-bodied people with valuable experience and knowledge. Dismissal of a pensioner at his own request “without service” is possible if two conditions are met:

The wording “working for two weeks” is incorrect. According to Art. 80 of the Labor Code of the Russian Federation, it is necessary to notify the director of the termination of cooperation. It's about about the notice period, not additional responsibilities. Since the name is common, we will continue to conventionally call this period “working off”.

How to correctly formalize dismissal at your own request, according to Article 77, paragraph 3, part 1

As a rule, each organization has its own generally accepted form for writing all kinds of statements. But by law, an application for dismissal does not have a mandatory form, and no one has the right, when dismissing on their own initiative (according to the first part of Article 77, paragraph 3 of the Labor Code), to tell an employee - write this way or the document will not be accepted.

Also, the employee can continue to work if he was not familiarized with the dismissal order against signature. But management, on the basis of part 6 of Article 80 of the Labor Code, can consider the application canceled if the employee returned to work after the period specified in the application as the last day of work. And if the employee again expresses a desire to quit, the employee will be required to work again for two weeks.

Should a pensioner work upon dismissal at his own request, and what articles of the Labor Code regulate this?

When a pensioner resigns, the employer may not have this time, since, having submitted the application today, the employee may not go to work tomorrow. Therefore, it is recommended to agree in advance with the employee on the date of dismissal. It is the employee’s right to agree or refuse the date proposed by the manager. The employer does not have the right to detain a resigning pensioner in any way under any circumstances.

The legislation does not contain a special form or approved sample, therefore it is written in free form indicating the details of the parties, date and signature. The wording itself may look like this: “I ask you to dismiss me at your own request (date, month, year) due to retirement.”

How to resign of your own free will without working off

During the probationary period, when refusal labor relations should be from the employee or directly from the employer. The form for formalizing a break in relations at the initiative of the employee is a letter of resignation, the employer is an order to terminate the contract. This possibility is provided when the parties are in an employment relationship for a period of no more than 3 months. If the specified time is exceeded, the work will be 14 days.
When performing seasonal work. An employee can notify the administration 3 days in advance, but if the initiative comes from the company, the notification is given to the employee 7 days in advance. This often happens when the employment agreement is terminated due to the liquidation of the enterprise or staff reduction.
If the contract is short-term in nature, it is concluded for a period of no more than 2 months. This requirement applies to relations during the liquidation of an enterprise or the closure of an individual enterprise.

grounds for termination of the contract – Art. 80 Labor Code of the Russian Federation;
date of dismissal - the employer can agree with it or set a different period - this is his right, not an obligation;
full name of the employee;
comment on the termination of obligations without working off - pension, pregnancy, serious health condition, change of place of residence, enrollment in a university, etc.;
attachment of documents confirming the reason for leaving the workplace.

Dismissal of a pensioner without service at his own request

the employee reaches retirement age;
the need to move to another city or country;
transfer of a pensioner's spouse to work in another city or country;
a disease that makes further work impossible;
violation of an employment contract by the head of the organization;
caring for a disabled or sick family member. In this case, the retired employee is required to provide a medical report.

Article 3 of the Labor Code warns employers that they do not have the legal right to dismiss an employee who has reached retirement age. If the manager violates this law, the pensioner has every reason to go to court with a request to reinstate him in his position. The court will satisfy such a claim and will consider such a situation as discrimination against a person based on age. In this situation, the pensioner can count on compensation for moral damages.
An employer has the right to dismiss a pensioner if he is not suitable for the position held. To confirm that an employee does not have the knowledge and skills to perform the job, the manager is required to conduct a labor skills assessment. When a retired employee does not pass the certification, the conclusion indicates the lack of necessary labor skills.
If the company is planning to be liquidated, the process of dismissal of pensioners is carried out on a general basis.
When a pensioner does not want resign of his own free will and has the necessary skills to perform the job, the manager may offer such an employee to switch to part-time working week. This option will enable the employer to reduce wage costs and retain the retired employee’s job.

Dismissal of one's own free will without work

Good afternoon. For good reasons, due to a change of place of residence, I am forced to resign. But there is no time to practice for weeks. I’m not checking out yet, because I don’t have my own housing at the place where I’m moving. Therefore, I cannot provide supporting documents. In addition, I have two children, one of them is 6 years old. Please tell me. How can I quit without working for two weeks? Thank you

In cases where an employee’s application for dismissal is on his initiative (at his own request) due to the impossibility of continuing work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts , containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Article 80 of the Labor Code of the Russian Federation: dismissal at will without working off

The general procedure for terminating an employment contract at the initiative of an employee is enshrined in Article 80 of the Labor Code of the Russian Federation. It also sets the working period, which in a standard situation is two weeks. If an employee employed at seasonal work or concluded an employment contract for a period of up to two months, you must notify the employer about leaving three calendar days in advance. A similar rule applies to those who decide to quit during the period employment tests(it doesn’t matter which probation according to the Labor Code 2020, the employer established - a week, a month or more).

Does Article 80 of the Labor Code of the Russian Federation provide voluntary dismissal without working out? Yes, and Part 2 of Article 80 of the Labor Code of the Russian Federation stipulates the possibility of terminating employment relations by agreement of the parties before the warning period expires, and Part 3 of the same article specifies the circumstances under which an employee cannot be denied early dismissal.

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An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

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 or provide information about labor activity(Article 66.1 of this Code) from this employer, issue other documents related to work, upon the written application of the employee, and make a final settlement with 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.

Comments to Art. 80 Labor Code of the Russian Federation

1. On the transfer by the employer on the day of dismissal of information on accrued and paid insurance contributions of state pension insurance, see Federal Law of April 1, 1996 N 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system.”

2. 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.

3. The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employee’s illegal removal from work, his dismissal or transfer to another job (Article 234 of the Labor Code).

4. Upon dismissal due to the expiration of the employment contract, leave from subsequent dismissal may also be provided when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation. When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer (Article 127 of the Labor Code).

5. Formulation of dismissal this basis the following: “Dismissed at his own request, paragraph 1 of Article 77 of the Labor Code of the Russian Federation.”

6. Two weeks are 14 calendar days, since according to Art. 14 of the Labor Code, deadlines calculated in weeks expire on the corresponding date of the week. The period calculated in calendar weeks or days also includes non-working days. If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Any time is any point in time during the notice period, including the last minute of notice, even if all dismissal documents have been completed. An employee is deprived of the right to withdraw his resignation letter if the employer has invited another employee in writing.

The form for withdrawing an application for termination of an employment contract before the expiration of the notice period for dismissal of the Labor Code has not been established, so the employee can choose it: written review or oral.

7. The employer is obliged to terminate the employment contract within the period specified in the employee’s application in cases where: 1) the employee cannot continue to work. The reasons that make it impossible to continue working are named in the Labor Code: a) enrollment in educational institution; b) retirement; c) other similar cases; 2) a violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract has been established.

8. When considering disputes regarding termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3, part 1, article 77, article 80 of the Labor Code), the courts must keep in mind the following:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee;

b) the employment contract can be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer. If the employee’s application is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation, etc. (see paragraph 7 of the commentary above), the employer is obliged to terminate the employment contract within the period specified in the employee’s application. It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor unions, and the court;

c) based on the content of Part 4 of Art. 80 and part 4 art. 127 of the Labor Code, an employee who has warned the employer about the termination of an employment contract has the right to withdraw his application before the expiration of the warning period (and when granting leave followed by dismissal - before the start day of the leave), and dismissal in this case is not carried out, provided that in his place in writing form, another employee has not been invited, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract (for example, by virtue of Part 4 of Article 64 of the Labor Code, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work in transfer from another employer, within 1 month from the date of dismissal from the previous place of work). If, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (Part 6 of Article 80 of the Labor Code) (Clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

9. The employer does not have a single reason why he can refuse to terminate an employee’s employment contract. If the employee is on legally must pay the employer a sum of money (for example, compensation for losses), then the employer can file a corresponding lawsuit against the employee in court.

10. An employee can notify the employer of termination of the employment contract at a time when he is in an employment relationship: during work, while on sick leave, a business trip, vacation, etc.

Article 80. At the initiative of the employee (at his own request), the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract. 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.

Legal advice under Art. 80 Labor Code of the Russian Federation

Yaroslav Yurchuk

how many rules of rights are contained in article 80 labor code?!

Diana Gromova

In what cases can they be fired from work at their own request without working for two weeks?

Lawyer's answer:
In what cases can an employee resign of his own free will without working for two weeks after submitting the relevant application? By general rule, established by Article 80 of the Labor Code of the Russian Federation, the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks, unless a different period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. However, the Labor Code of the Russian Federation establishes cases when an employment contract can be terminated before the expiration of the notice period for dismissal. Firstly, this is the case when an agreement is reached between the parties to the employment contract on a different period for terminating the employment contract. Secondly, the employer is obliged to dismiss the employee on the day specified in the resignation letter, when the dismissal is due to his inability to continue working (enrollment in an educational institution, retirement and other cases). Due to the vagueness of the wording “other cases,” the employer must independently determine whether the circumstance indicated by the employee makes it impossible to continue working, which is often the reason labor disputes related to dismissal. Thirdly, the employee does not have the obligation to notify the employer of dismissal two weeks in advance in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. The wording of Article 80 of the Labor Code of the Russian Federation in this part is also ambiguous and causes certain difficulties, since it speaks of cases of established violation. Explanations of the Plenum of the Supreme Court of the Russian Federation, given in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” that “the named violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, courts” does not remove the issue of the employee’s right not to work for two weeks after filing a letter of resignation in cases where violations of labor legislation are obvious and can be established by the employee independently, for example, in case of delay in payment of wages . In addition, in accordance with Articles 71, 292, 296 of the Labor Code of the Russian Federation, employees during the testing period when hiring, employees who have entered into an employment contract for a period of up to two months, and employees engaged in seasonal work have the right to terminate the employment contract on their own initiative, having warned employer in writing three calendar days in advance.

Evdokia Belova

I heard that out-of-town workers may not work for two weeks after being fired. Is this true?... I work in Moscow, I’m from out of town. I want to resign from the campaign. The employee said in confidence that non-residents may not work for two weeks. If anyone knows the details, please describe if there are any exceptions.

Lawyer's answer:
LABOR CODE OF THE RUSSIAN FEDERATION Article 80. Termination of an employment contract on the initiative of the employee (at his own request) The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks, unless another period is established by this Code or other federal law . The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. In fact, in 99% of cases it all depends on what the management decides. It may “release” before 2 weeks, but it may not “release”.

Roman Malysh

Am I required to work 2 weeks? Am I required to work 2 weeks if I wrote an application of my own free will?

Lawyer's answer:
They have the same law, the Labor Code! According to the Labor Code of the Russian Federation, upon dismissal, you are required to notify the employer two weeks in advance. That is, if you intend to quit, then write a resignation letter, indicating the date you want to quit and give it to the employer two weeks before this date. Here is an article of the Labor Code verbatim: Article 80. Termination of an employment contract on the initiative of an employee (at his own request) An employee has the right to terminate an employment contract by notifying the employer in writing two weeks in advance. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulations containing norms of labor law, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract. 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.
By agreement of the parties). And on the day the employer is obliged to issue all payroll and labor reports. Didn't issue an application in Need help. I wrote a letter of resignation on March 1, 2012 (work for 2 weeks), and the session begins on March 5, 2012. If I bring a summons certificate or a letter to the manager from the university, does the employer have the right not to let me go?
- Lawyer's answer:
  Listen here and... listen carefully! In accordance with Part 4 of Article 80 of the Labor Code of the Russian Federation, before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the current labor legislation of the Russian Federation, cannot be denied an employment contract. That is, you can officially withdraw your initial resignation letter if two weeks have not passed since the employer received it and another employee has not been invited in writing to take your place. In accordance with Part 1 of the above Art. According to the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter. It's clear? No later than two weeks... But, you can indicate any date of dismissal at your own request. exceeding two weeks. This means that having withdrawn your initial letter of resignation, you can immediately write another letter of resignation of your own free will, indicating in it a different date of dismissal, i.e. the date of dismissal at the end of your study leave. (calculate the days of this vacation carefully). In this case, your employer has no right not to pay you for your study leave. This is a legal option that does not require any consent from the employer and your humiliating requests to him. Variations are possible. If you don’t show up for work (in your words, “stupidly”), you may be fired for absenteeism. Also – “stupid”.

Official text:

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

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.

Lawyer's comment:

This article defines the procedure and conditions for terminating an employment contract at the initiative of the employee (at his own request), concluded both for an indefinite period and for a fixed-term one. The previously valid norm (Article 32 of the Labor Code) provided for the termination of a fixed-term employment contract, but if good reasons. According to the Labor Code, an employee has the right to terminate an employment contract (including a fixed-term one) by notifying the employer in writing two weeks in advance. Termination of an employment contract at the initiative of an employee is permissible in cases where filing a resignation letter was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph “a” of paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Article 80 of the Labor Code is supplemented by a provision according to which the specified period begins the next day after the employer receives the employee’s resignation letter. In accordance with Part 2 of Article 80, by agreement (agreement) between the employee and the employer, the employment contract can be terminated before the expiration of the established notice period for dismissal. However, if the parties have not agreed on a specific notice period (within a two-week period), the employee is obliged to work for the established two-week period. If the resignation letter does not indicate a specific date of dismissal, then the employer does not have the right to dismiss the employee until two weeks after he submits the application or before the expiration of the period specified in the application. Likewise, an employee does not have the right to leave work without permission without notice of dismissal or before the expiration of the notice period. Such abandonment of work may be considered a violation labor discipline with corresponding adverse consequences for the employee.

An employee can terminate an employment contract at his own request at any time (including while on vacation, during a period of temporary disability, or on a business trip, since the purpose of such a statement is to notify the employer of dismissal so that he has the opportunity to select a new employee). In cases where the employee’s resignation is due to the inability to continue working (him accepting full-time education, retirement, transfer of a spouse to another locality, etc.), as well as in cases where the employer has violated the law or other regulations legal acts on labor, terms of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified by the employee. It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor unions, the court (paragraph 2 of subparagraph "b" of paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated 17.03 .2004 No. 2).

When demanding immediate termination of the employment contract (or within the period specified by the employee), the employee must provide evidence demonstrating the impossibility of continuing work (for example, an order to enroll in full-time studying at a university or an order (instruction) from an employer to send a pregnant woman or a minor on a business trip). The main purpose of the notice of dismissal, on the one hand, is to enable the employer to select a new employee to replace the dismissed one, and on the other hand, to provide the employee with the opportunity to reconsider his decision to dismiss. Part 4 of Article 80 establishes the right of an employee to withdraw his application before the expiration of the warning period, except in the case when another employee who cannot be refused employment is invited in his place in writing (). Thus, the employee can withdraw his application at any time (except in the specified case), and the employer can return it to the employee.

After the warning period has expired, the employer has no right to detain the employee. In practice, there are cases of illegal refusal to dismiss an employee, despite the expiration of the notice period (for example, the employee did not hand over the material assets assigned to him or has a monetary debt, etc.). The legislator clearly defined that the day of termination of the employment contract is considered the last day of work and on this day the employee must be given employment history, other documents related to the work, at the written request of the employee, and the final payment has been made to him (Article 140 of the Labor Code). If the employer has not fired the employee after the expiration of the notice period, he has the right not to go to work. In accordance with Article 234 of the Labor Code, the employee is paid the earnings he did not receive during the illegal deprivation of his opportunity to work, since he cannot take another job without a work book.

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. Essentially, this provision provides for the right of the employee and the employer to maintain the validity of the employment contract. At the same time, no additional agreements not required. Article 80 does not provide for the employee’s obligation to indicate the reason for dismissal. However, in some cases, the legislator links the reason for dismissal with the provision of certain benefits and guarantees to the employee. In such cases, the reason for dismissal must be indicated (for example, when dismissing voluntarily due to the husband (wife) moving to work in another area or retiring to an old-age pension, the employee retains continuous work experience regardless of the duration of the break in work (in general As a rule, continuous work experience is maintained for three weeks)).

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