A worker, being released on his own request, retains his right to leave at work for 2 weeks

The right to leave at work is retained for a worker who has warned the owner or his authorized body of release on his own will, during the two-week period.

Therefore, the dismissal of an employee within a two-week period after filing an application for his release on his own will violates his right to withdraw such a statement and to remain at work.

The only exception is when another person was invited to his place, which, according to the law, can not be refused the conclusion of an employment contract.

This was indicated by the Supreme Court, maintaining the decision of the courts of the previous instances on the renewal of the employee who was dismissed in this way at work.

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).

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