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In what circumstances does an employee have the right to withdraw their application?
In what circumstances does an employee have the right to withdraw their application?
Let's consider the case where an employee withdraws their resignation before the date specified in the resignation letter. According to the fourth part of Article 69 of the Labor Code, an employee who has submitted a resignation application may withdraw it or submit a new application to the employer to nullify it at any time until the end of the notice period. In this case, the employment contract cannot be terminated. This is provided that the employer has not officially notified the employee in writing about hiring a new employee for that position (profession). If the employment contract is terminated following the rules established by this article, any subsequent request to withdraw or nullify the previous resignation application will have no legal effect.
One of the practical situations encountered is when an employee changes their mind after submitting a resignation application.
Example 1: An employee submits a resignation application on February 15. However, on February 26, the employee informs the employer that they wish to withdraw their resignation. If during this period, the employer did not notify the employee about hiring a new worker for their position, the employee’s previous resignation application is considered invalid.
Example 2: An employee submits a resignation application to the employer on February 10. On February 26, the employee informs the employer that they wish to nullify their resignation application. However, it turns out that after the employee submitted their application, the employer has already completed the procedures for selecting a new employee for the position, even though no formal notification was given to the employee. In this case, the employee’s resignation application is considered invalid.
Example 3: An employee submits a resignation application on February 8. The employee later changes their mind and informs the employer on February 22 that they do not wish to resign. However, the employer had given the employee a formal notice on February 8 that the process of selecting a new employee for the position has been completed. In this case, the employee cannot withdraw their resignation application, and they will be released from work within 1 month from the date of their application.
Example 4: An employee writes a resignation application on February 9. The employment contract is terminated based on mutual agreement on February 17. On February 22, the employee submits a request to the employer stating that no new employee has been hired for their position and that they wish to resume work, asking for their resignation application to be invalidated. In this case, the employer should decide to rehire the employee even though the employment contract was terminated, provided that no formal notification was given to the employee.
Regarding the last case, some colleagues believe that the employee does not have the right to request the invalidation of their resignation application after the termination of the employment contract. This is because the employment relationship between the employer and the employee no longer continues after the termination. However, in practice, individual labor disputes often arise after the termination of the employment contract. The employee in our last example could argue that the notice period requirement was not observed during the termination of the employment contract. According to Article 69 of the Labor Code, a 1-month notice period is provided by legislation for termination of the employment contract by the employee. Additionally, Article 69.4 of the Labor Code also establishes the right of the employee to nullify their resignation application. However, this right is valid if the employer has not officially notified the employee in writing about hiring a new employee for that position. In our opinion, in the absence of written notification under Article 69.4 of the Labor Code, the employee has the right to nullify their resignation application either during the period of continued employment or within the 1-month period established by Article 69 of the Labor Code.
Although Russian labor legislation also provides for the invalidation of an application by the employee, it is applied differently than our legislation. Article 80 of the Labor Code of the Russian Federation states that the employee has the right to nullify their resignation application before the notice period ends. However, this is on the condition that the employer has not officially invited another employee for the position.
Regarding the form of the notice, some colleagues mention the notification in the termination order according to Article 69.4 of the Labor Code. However, we would recommend that colleagues prepare the notification as a separate document and present it to the employee.
Let's consider the case where an employee withdraws their resignation before the date specified in the resignation letter. According to the fourth part of Article 69 of the Labor Code, an employee who has submitted a resignation application may withdraw it or submit a new application to the employer to nullify it at any time until the end of the notice period. In this case, the employment contract cannot be terminated. This is provided that the employer has not officially notified the employee in writing about hiring a new employee for that position (profession). If the employment contract is terminated following the rules established by this article, any subsequent request to withdraw or nullify the previous resignation application will have no legal effect.
One of the practical situations encountered is when an employee changes their mind after submitting a resignation application.
Example 1: An employee submits a resignation application on February 15. However, on February 26, the employee informs the employer that they wish to withdraw their resignation. If during this period, the employer did not notify the employee about hiring a new worker for their position, the employee’s previous resignation application is considered invalid.
Example 2: An employee submits a resignation application to the employer on February 10. On February 26, the employee informs the employer that they wish to nullify their resignation application. However, it turns out that after the employee submitted their application, the employer has already completed the procedures for selecting a new employee for the position, even though no formal notification was given to the employee. In this case, the employee’s resignation application is considered invalid.
Example 3: An employee submits a resignation application on February 8. The employee later changes their mind and informs the employer on February 22 that they do not wish to resign. However, the employer had given the employee a formal notice on February 8 that the process of selecting a new employee for the position has been completed. In this case, the employee cannot withdraw their resignation application, and they will be released from work within 1 month from the date of their application.
Example 4: An employee writes a resignation application on February 9. The employment contract is terminated based on mutual agreement on February 17. On February 22, the employee submits a request to the employer stating that no new employee has been hired for their position and that they wish to resume work, asking for their resignation application to be invalidated. In this case, the employer should decide to rehire the employee even though the employment contract was terminated, provided that no formal notification was given to the employee.
Regarding the last case, some colleagues believe that the employee does not have the right to request the invalidation of their resignation application after the termination of the employment contract. This is because the employment relationship between the employer and the employee no longer continues after the termination. However, in practice, individual labor disputes often arise after the termination of the employment contract. The employee in our last example could argue that the notice period requirement was not observed during the termination of the employment contract. According to Article 69 of the Labor Code, a 1-month notice period is provided by legislation for termination of the employment contract by the employee. Additionally, Article 69.4 of the Labor Code also establishes the right of the employee to nullify their resignation application. However, this right is valid if the employer has not officially notified the employee in writing about hiring a new employee for that position. In our opinion, in the absence of written notification under Article 69.4 of the Labor Code, the employee has the right to nullify their resignation application either during the period of continued employment or within the 1-month period established by Article 69 of the Labor Code.
Although Russian labor legislation also provides for the invalidation of an application by the employee, it is applied differently than our legislation. Article 80 of the Labor Code of the Russian Federation states that the employee has the right to nullify their resignation application before the notice period ends. However, this is on the condition that the employer has not officially invited another employee for the position.
Regarding the form of the notice, some colleagues mention the notification in the termination order according to Article 69.4 of the Labor Code. However, we would recommend that colleagues prepare the notification as a separate document and present it to the employee.