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Does the employee have the right not to go to work 1 month after filing an application?
Does the employee have the right not to go to work 1 month after filing an application?
According to the first part of Article 69 of the Labor Code, "The procedure for termination of the employment contract by the employee", the employee may terminate the employment contract by notifying the employer with a written application one calendar month in advance.
As can be seen from the article, the employee has the right to request the termination of the employment contract by applying one month in advance. Or, to put it another way, the employer does not have the right to forcefully keep the employee who applied to leave the job for more than one month.
Example. An employee applied on March 5 and asked to be dismissed on April 5. Under these conditions, the employer's demand for work from the employee after April 5 caused a labor dispute.
In our opinion, one month specified in the Labor Code is enough for the employer to dismiss the employee who applied. According to the second part of Article 69 of the Labor Code, after the end of one calendar month from the day the application was submitted, the employee has the right not to go to work and to request the final account. In this case, the employer is obliged to fulfill the demands of the employee.
Example. The employee applied on February 17 to resign after 1 month. Since the employer has completed the handover works late, he requires the warehouse worker to come to work for an additional 10 days after the end of the one-month period. At this time, the employee has the right not to go to work and demand the employer to perform the final accounting. But with the agreement of the parties, the date of termination of the employment contract can be extended (postponed) by another 10 days, and this is not a violation of the law.
According to the first part of Article 69 of the Labor Code, "The procedure for termination of the employment contract by the employee", the employee may terminate the employment contract by notifying the employer with a written application one calendar month in advance.
As can be seen from the article, the employee has the right to request the termination of the employment contract by applying one month in advance. Or, to put it another way, the employer does not have the right to forcefully keep the employee who applied to leave the job for more than one month.
Example. An employee applied on March 5 and asked to be dismissed on April 5. Under these conditions, the employer's demand for work from the employee after April 5 caused a labor dispute.
In our opinion, one month specified in the Labor Code is enough for the employer to dismiss the employee who applied. According to the second part of Article 69 of the Labor Code, after the end of one calendar month from the day the application was submitted, the employee has the right not to go to work and to request the final account. In this case, the employer is obliged to fulfill the demands of the employee.
Example. The employee applied on February 17 to resign after 1 month. Since the employer has completed the handover works late, he requires the warehouse worker to come to work for an additional 10 days after the end of the one-month period. At this time, the employee has the right not to go to work and demand the employer to perform the final accounting. But with the agreement of the parties, the date of termination of the employment contract can be extended (postponed) by another 10 days, and this is not a violation of the law.