...but the management does not sign it, because there is no one to do it. A person writes a statement, leaves it to the head of a structural unit and does not go to work again. Can a person not be released? What are the consequences?
Answer provided 07.09.2023 21:01
If the employee has a valid reason for dismissal, the employer is obliged to dismiss him within the period requested by such employee. The list of such reasons is specified in Part 1 of Art. 38 of the Labor Code, it includes moving to a new place of residence. He does not have the right to demand working time or independently change the date of dismissal.
Such actions of the employer are a direct violation of labor legislation, which threatens administrative responsibility (Article 265 of the Labor Code and Article 41 of the Labor Code).
You need to record the fact of submitting the application. With a notification of violation of labor rights, you can apply to the territorial body of State Labor at the location of the employer with a complaint about actions that violate labor legislation. Bodies that consider labor disputes, in accordance with Art. 221 of the Labor Code of Ukraine there are labor dispute commissions and district (city) courts.
The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.