As an employee terminate the employment contract of their own volition?

The procedure for termination of employment initiated by the employee (by choice) is governed by Article 80 of the Labor Code.

The employee has the right to terminate the employment contract, notice to the employer in writing two weeks. The written form of notice of resignation is required. Oral statement by the employee to terminate the employment contract can not constitute grounds for the publication of the employer the appropriate order of dismissal.

The duty to warn an employee of the employer to terminate the employment contract at his own request two weeks (and head of the organization - for one month) does not mean that an employee can not do it for a longer period. Two weeks should be viewed as the minimum period for which the employee is required to notify the employer of intention to terminate the employment relationship.

By agreement between the employer and employee an employment contract may be terminated before the expiry of notice. But if the employer has not given consent to the termination of the employment contract before the expiry of notice, the employee must work out the due date. Early termination of work in this case is a violation of labor discipline.

Violation of labor discipline will be a cessation of work and without notice of resignation. An employee, who voluntarily leaves work, may be dismissed for absenteeism.

Before the expiry of notice an employee is entitled at any time withdraw his application. Dismissal in this case is not made, if his place is not invited in writing to the other employee who, in accordance with labor laws can not be denied an employment contract.

An employer may not dismiss an employee until two weeks after filing their application for termination of employment contract if the statement is not specified termination date, or until the expiration date specified in the statement. Throughout the period of notice, the worker retains his job or position.

Upon the expiry of notice an employee is entitled to stop work.

On the last day of work (the day of dismissal) the employer must give the employee work record and other documents related to the work, upon written request of the employee and make him the final payment.

An employer may not delay the employee. No reason (monetary debt, the need to finish the work started, do not put the wealth does not exempt the hostel, etc.) can not be used for this reason.

In the case where the employer after the expiry warnings are not dismissed the employee, the employee is entitled not to work.

If an employee is absent from work the day of dismissal, the employer on the same day should send him mail notification indicating the need to get a work book or to give consent to administer it in the mail.

In cases where the employee's statement of resignation due to the inability to continue its work (admission to educational institutions, retirement and other cases), as well as in the cases of the violation by the employer and other normative legal acts containing norms of labor rights, environment collective agreement, arrangement or labor contract, the employer must terminate the employment contract within the period specified in the statement of the employee.

If at the expiry of notice is not an employment contract was terminated and the employee does not insist on resignation, then the employment contract continues. In this case, any additional agreements on this subject are not required.

An employee may submit a letter of resignation, not only during work but also at a time when he, for some reason absent from work, for example, during the period of temporary disability, to find a vacation getaway, a business trip.

However, an employee filing the application to terminate the employment contract at his own request is not always a real desire to terminate the employee labor relations. Termination initiated by the employee is permissible in the case where the application for voluntary dismissal was his will. If an employee claims that the employer forced him to submit his resignation at his own request, then this must be checked and the obligation to prove their lies with the employee in court.