In practice, cases where the termination of the employment relationship is initiated by the employer are widespread. In these situations, it is not uncommon for the employment contract to be terminated even on the basis of the employee's own application. However, when it comes to termination of the employment contract at the initiative of the employee, the situation can be somewhat different.
Medianews.az Referring to Qafqazinfo, it is reported that in many cases employers require the employee to give notice well in advance if they intend to resign.
There are also many employers who terminate the contract only after finding a replacement for the employee who has agreed to leave for another job. Sometimes, even if an employee wants to resign from their area and get a job elsewhere, it is not accepted. As a result, the employee loses both this and their previous job.
It is interesting to ask, what does the legislation say about this? How should termination of the employment contract at the initiative of the employee be carried out?
According to the Labor Code, the employee may terminate the employment contract by notifying the employer in writing one calendar month in advance. After one month has passed from the day the application is submitted, the employee has the right not to come to work and to demand final settlement. In this case, the employer is obliged to fulfill the employee's demands. However, this does not apply in all cases.
Specifically, when the employee retires due to age or disability pension, enrolls in an appropriate educational institution to continue their education, relocates to a new residence, or is subjected to sexual harassment, the employment contract can be terminated on the date indicated in their application.
Additionally, if there is written consent regarding the employee entering into an employment relationship with another employer, the employment contract may be terminated on the date specified in the application.
At the same time, a person who has submitted a resignation application can withdraw it. In other words, if an employee has submitted an application for termination but has not specified the termination date in the application, they may withdraw the application or submit a new application declaring the previous one invalid at any time before the notice period expires. In this case, the employment contract cannot be terminated, provided that the employer has not officially informed the employee in writing about hiring a new employee for that position.
It should be emphasized here that after termination of the employment contract under these rules, any request by the employee to withdraw or declare their previous application invalid has no legal effect. In turn, if the employee has not indicated the date on which they wish to terminate the contract in the application, termination of the employment contract is not allowed until the notice period expires.
According to the legislation, the employee may submit an application to the employer requesting termination of the employment contract due to the granting of leave for the corresponding work year and termination of the contract after the leave period ends. Until the leave period expires, the employee may withdraw the termination application or submit a written request to the employer declaring it invalid. In this case, the employee's request must be granted.
According to the legislation, it is prohibited for the employer to force an employee to terminate the employment contract through violence, threats, or any other method.