AN EMPLOYEE CAN WITHDRAW THE RESIGNATION LETTER UNTIL THE MIDNIGHT ON DISMISSAL DATE
What the law says: the Labor Code does not specify a deadline for withdrawal of firing.
What the courts think: an employee is entitled to change his mind at the last minute. He can withdraw a resignation letter until 12 a.m. on the dismissal date, so company's working hours don’t matter. Even if the employer’s already hired someone else to take his place, the employee still has the right to back out (except for an employee’s transfer from another company and in some other cases).
Form of a withdrawal: the law does not establish the particular withdrawal procedure. The courts say that an employee is entitled to revoke his dismissal by all means, including email, messengers, or even by phone.
Ruling of the 6th Cassation Court of General Jurisdiction dated 10.08.2023 in case No. 88-15342/2023, Ruling of the 3rd Cassation Court of General Jurisdiction dated 30.10.2023 in case No. 88-21630/2023, Ruling of the 2nd Cassation Court of General Jurisdiction dated 20.02.2024 in case No. 88-3585/2024
DISMISSAL UPON A RESIGNATION LETTER WITH NO TERMINATION DATE IS A BREACH OF LAW
What the law says: an employee can resign upon 2 weeks prior notice. The Labor Code does not state the particular form and content of the resignation letter.
What the courts think: dismissal upon a resignation letter with no termination date is a breach of law.
We suggest requesting the employee to re-write the resignation letter and specify the exact date. Resignation before the 2-week notice is possible upon mutual agreement of the parties. According to the State Labor Inspectorate, an employer can't just set the date of dismissal, because there's a clear process in the law. For other cases parties’ agreement is the best option.
Ruling of the 4th Cassation Court of General Jurisdiction dated 06.08.2023 in case No. 88-12746/2023, Ruling of the 4th Cassation Court of General Jurisdiction dated 11.10.2023 in case No. 88-32092/2023
AN EMPLOYEE IS NOT ENTITILED TO ASK COMPENSATION FOR UNUSED VACATIONS IF IT WAS HIS FAULT
What the law says: employee has a right to annual paid vacation in accordance with the established schedule.
What the courts think: employee’s deliberate choice not to use his right to annual paid vacation must not result in an obligation for compensatory payments upon his dismissal. Such behavior is recognized as an abuse of right and is to gain unlawful benefit.
Ruling of the 1st Cassation Court of General Jurisdiction dated 15.01.2024 in case No. 8G-39166/2023
What the law says: the Labor Code does not specify a deadline for withdrawal of firing.
What the courts think: an employee is entitled to change his mind at the last minute. He can withdraw a resignation letter until 12 a.m. on the dismissal date, so company's working hours don’t matter. Even if the employer’s already hired someone else to take his place, the employee still has the right to back out (except for an employee’s transfer from another company and in some other cases).
Form of a withdrawal: the law does not establish the particular withdrawal procedure. The courts say that an employee is entitled to revoke his dismissal by all means, including email, messengers, or even by phone.
Ruling of the 6th Cassation Court of General Jurisdiction dated 10.08.2023 in case No. 88-15342/2023, Ruling of the 3rd Cassation Court of General Jurisdiction dated 30.10.2023 in case No. 88-21630/2023, Ruling of the 2nd Cassation Court of General Jurisdiction dated 20.02.2024 in case No. 88-3585/2024
DISMISSAL UPON A RESIGNATION LETTER WITH NO TERMINATION DATE IS A BREACH OF LAW
What the law says: an employee can resign upon 2 weeks prior notice. The Labor Code does not state the particular form and content of the resignation letter.
What the courts think: dismissal upon a resignation letter with no termination date is a breach of law.
We suggest requesting the employee to re-write the resignation letter and specify the exact date. Resignation before the 2-week notice is possible upon mutual agreement of the parties. According to the State Labor Inspectorate, an employer can't just set the date of dismissal, because there's a clear process in the law. For other cases parties’ agreement is the best option.
Ruling of the 4th Cassation Court of General Jurisdiction dated 06.08.2023 in case No. 88-12746/2023, Ruling of the 4th Cassation Court of General Jurisdiction dated 11.10.2023 in case No. 88-32092/2023
AN EMPLOYEE IS NOT ENTITILED TO ASK COMPENSATION FOR UNUSED VACATIONS IF IT WAS HIS FAULT
What the law says: employee has a right to annual paid vacation in accordance with the established schedule.
What the courts think: employee’s deliberate choice not to use his right to annual paid vacation must not result in an obligation for compensatory payments upon his dismissal. Such behavior is recognized as an abuse of right and is to gain unlawful benefit.
Ruling of the 1st Cassation Court of General Jurisdiction dated 15.01.2024 in case No. 8G-39166/2023