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.
In accordance with the Labor Code of Ukraine, each employee has the right to conclude an employment contract in one or several companies (institutions, organizations) at the same time, unless otherwise is provided by law, collective agreement or agreement of the parties (Article 21 of the Labor Code).
When conducting, changing and terminating an employment contract, employees will be guaranteed the right to privacy in respect of their personal and family life. Corresponding amendments to the Labor Code were proposed on September 18, 2018 by the draft Law No. 9093 on strengthening the guarantees of employee rights protection.
On September 5, the Cabinet of Ministers passed an order No. 649-p "On measures aimed at the reduction of relations in the field of employment of the population". The Government has commissioned the State Labor, SFSU, the Pension Fund, the National Police and other central executive authorities from October 5, 2018, to carry out comprehensive measures aimed at reducing the employment and income of the population.
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