Publication date: 15.05.2024
active and purposeful military lawyer with more than 4 years of experience
How can an employee resign if the employer does not get in touch?
In connection with Russia's military aggression against Ukraine, many employees decided or were forced to resign for one reason or another. One of these reasons may be, for example, the fact that the company suspended its work, but did not provide the employee with any documents about the suspension of its activities or about the suspension of the employment contract with the employee, the layoff orders were also not brought to the attention of the employee, therefore the employee intends to resign . What should the employee do in this case?
It is quite common for the employer to be an individual entrepreneur who has moved abroad, leaving the employees in an uncertain state.
The employee writes a resignation letter, sends it by mail, e-mail, and various messengers, but the letter is either returned due to the expiration of the storage period, or remains unconsidered. What to do next?
Or, for example, the employee simply decided to resign at his own will, because he has the right to do so, as well as the right to independently choose his place of work, and the employer is absent and does not contact him. What are the employee's actions in this situation?
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TERMINATION OF EMPLOYMENT RELATIONS IN THE PROCEDURE ESTABLISHED BY THE LEGISLATION
If the employee wants to resign, he can use his right to resign at his own will. This option of dismissal is possible both for an employee with an open-ended contract (Article 38 of the Labor Code) and for an employee employed under a fixed-term employment contract (Article 39 of the Labor Code).The employee must notify the employer in writing two weeks before the planned dismissal (if there are no valid reasons obliging the employer to terminate the employment contract within the period requested by the employee) (Article 38 of the Labor Code).
If the employee decides to resign, and the employer is absent or does not contact him?
The employee must first send an application for voluntary dismissal by registered letter with a notice of delivery and a description of the attachment to the company's legal address.
If, as a result, the application will be left without consideration, and the employee is not dismissed, then in this case you should apply to the court. After all, this is a violation of Article 43 of the Constitution of Ukraine, which prohibits forced labor and provides an opportunity for everyone to earn a living by work that he freely chooses or freely agrees to. Freedom of labor implies the possibility of a person to engage in work or not to engage in work, and if engaged, to freely choose it (decision of the Constitutional Court of Ukraine dated July 7, 2004 No. 14-рп/2004).
Therefore, if it is not possible to terminate employment relations in the manner established by labor legislation, they must be terminated in court.
