According to the circumstances of the case a person filed a statement on his release on July 15. On July 25, he withdrew the statement, but the defendant on July 25 dismissed him from August 1.
On July 26 and 27, the plaintiff appealed to the defendant to take into account his statement of 25 July on the withdrawal of the application, but on August 1 received a letter of termination of the employment contract.
The Supreme Court noted that under Art. 38 of the Code of Labor Law of Ukraine, if the employee, after the expiration of the notice of dismissal, has not left work and does not require termination of an employment contract, the owner or the authorized body thereof is not entitled to release him on the previously filed application, except in cases when another employee was invited to his place, which according to the law can not be denied the conclusion of an employment contract.
Thus, the dismissal, in accordance with the procedure provided for in Article 38 of the Labor Code of Ukraine, is a unilateral declaration by the employee who has filed an application for dismissal at his own discretion, and at any time before the expiration of a two-week period from the moment of filing the application can withdraw it. In addition, an employee is not subject to release in the event that this term has expired, but he did not leave the place of work and does not require termination of employment relations (the decree of the Supreme Court from 07.03.2018 in the case№810/2728/16).