Termination of an employment contract at the initiative of an employee is a right, not an obligation

Depending on the emerging lifea person can decide to resign from his workplace, and then the termination of the employment contract will be terminated at the initiative of the employee. The employee must inform about his intention in writing, submitting the corresponding application not later than two weeks before the time of dismissal. For the head of the organization, this period is 1 month, for seasonal workers - 3 months. Termination of the employment contract on the initiative of the employee can occur and in a more short time. Under the agreement with the employer, the employee may not fulfill the stipulated two weeks. In addition, the law provides for situations when an employee must be dismissed in the terms specified in his application.

In particular, termination of the contract on the initiative of the employee in the term chosen by him occurs if:

- a person is enrolled in an educational institution, and the type and level of education in the law is not stipulated;

- he retires;

- violation of the labor legislation, normative, legal and other documents in the sphere of labor by the employer;

- in other cases, when the employee objectively lacks the opportunity to continue working.

The employee can write an application in anyperiod, including during vacation or temporary disability. After the employer is notified of the termination, the employee must fulfill his duties to the fullest extent during the due period, and not ignore them, as this may lead to recovery. It may be dangerous. Termination of the employment contract on the initiative of the employee can be replaced with dismissal for gross violation - absenteeism. Until the end of the "working out" period, the employee has the right at any time to withdraw the application written by him, except for situations when another person was invited to take his place, who can not be refused admission by law. Acknowledgment can serve as drawing up of the labor contract with the new worker.

Another serious detail in this processis the timeliness of issuing an order. The termination of the employment contract on the initiative of the employee may not occur if the employer does not issue an order on time to terminate the contract, and the employee will voluntarily continue the work. Also, the employee has the right to completely stop performing his duties on the day fixed in the application, even if the order for his dismissal has not yet been issued. We must not forget that failure to comply with all procedural aspects can lead to cancellation of dismissal or other unpleasant consequences. An obligatory condition is the final calculation and transfer to the dismissed person of the work record book on the day of termination of the contract.

Another feature of this type of terminationlabor activity is that sometimes this procedure disguises concealed dismissal at the initiative of the employer, who, based on his mercantile or other interests, moves the employee to such a decision in various ways. In the case of a disputable situation, the obligation to search for evidence of wrongful acts of the employer lies with the employee.