Depending on the current life situation, a person may decide to quit his job, and then the termination of the employment contract on the initiative of the employee will follow. The employee must inform about his intention in writing, having submitted the corresponding application no later than two weeks before the time of dismissal. For the head of the organization, the specified period is 1 month, for seasonal workers - 3 months. Termination of the employment contract at the initiative of the employee may occur in a shorter time frame. By agreement with the employer, the employee may not work out the prescribed two weeks. In addition, the law provides for situations when an employee must be dismissed within the time period specified by him in his application.
In particular,
termination of the contract at the initiative of the employee within the time period 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 specified;
- he retires;
- a violation by the employer of labor laws, regulatory, legal and other documents in the field of labor has been established;
- in other cases when the employee objectively lacks the ability to continue working.
An employee can write a statement at any time, including during vacation or during temporary incapacity for work. After notifying the employer of the dismissal, the employee must fully fulfill his duties during the prescribed period, and not ignore them, as this may lead to a penalty. It may be dangerous. Termination of the employment contract at the initiative of the employee may be replaced by dismissal for gross violation - truancy. Before the end of the period of “working off,” the employee has the right to revoke the application written by him at any time, except in situations where another person has already been invited in his place who cannot be refused admission under the law. Confirmation can be the preparation of an employment contract with a new employee.
Another serious detail in this process is the timeliness of issuing the order. Termination of the employment contract at the initiative of the employee may not occur if the employer fails to issue an order terminating the contract on time and the employee voluntarily continues to work. Also, the employee has the right to completely stop fulfilling his duties on the day specified in the application, even if the order to dismiss him has not yet been issued. We must not forget that failure to comply with all procedural aspects may cause the cancellation of dismissal or other unpleasant consequences. A prerequisite is the
final settlement and transfer to the person leaving the work book on the day the contract is terminated.
Another feature of this type of termination of employment is that this procedure is sometimes masked by hidden dismissal at the initiative of the employer, who, based on his mercantile or other interests, in various ways moves the employee to such a decision. In the event of a dispute, the employee is obliged to search for evidence of unlawful actions by the employer.