The Supreme Court explained the conditions for unsolicited dismissal

Source of the publication – Rossiyskaya Gazeta, 31.12.2013.

The Supreme Court gave explanations concerning the time period and terms to be observed by the employee, who has already filed the unsolicited dismissal request. Rossiyskaya Gazeta tells about the respective resolution.

The Supreme Court has considered a matter of importance for many Russian. When an employee decides to change the place of employment on their own initiative, there is a significant possibility that they will not like it at the new place and will decide they wish to return. Such was the situation an appellant to the Supreme Court found himself in. He informed the management of his dismissal, pursuant to the law, two weeks in advance – and changed his mind 24 hours before the expiry of the period. The employer refused the recall of the notice: a new person has already been invited to occupy the position.

The Supreme Court pointed out the mistakes committed by the lower-instance courts during the consideration of the case. First, the period during which the appellant changed his mind was perfectly legal. The law fixes the two weeks of working-off so that the employer should be able to find a new specialist as well as so that the employee could think about his dismissal thoroughly. Second, the employer may actually refuse the recall of the notice if the new candidate has already been found. However, there are two fine points: the new employee should belong to the category of persons, who cannot be fired, and the invitation is to be made in writing.

The Supreme Court upheld the demands of the appellant completely – without remitting the case for new consideration: to restore him to the work position, to pay the backpay and to compensate the moral damages.

Besides, lawyers say, the problem may be resolved extrajudicially. For this, the experts recommend contacting the state labor inspectorate. The institution will consider the request and check if the enterprise has violated the employee’s rights within one month.

According to the polls, a third of employed Russians are prepared to sign an unsolicited dismissal request, even if it’s the management’s initiative. And only 26% of the citizens are prepared to fight for their rights in courts.