According to the paragraph 1 article 36 of the Labour Code, one of the reasons for employment contract termination is an agreement of the parties.
Recently, the Civil Cases chamber of the Supreme Court of Ukraine during the consideration of the case 10.26.2016 number 6-1269цс16 made the following legal conclusion: “By itself, the consent of the owner or the authorized body to grant the worker’s request for dismissal before the expiry of the notice period does not mean that the contract of employment terminated under paragraph 1 of article 36 of the Labor Code, if there was no agreement of the parties about the reason of the employment contract termination. In the latter case, the dismissal is considered to be concluded at the employee’s initiative (article 38 of the Labor Code). ”
Considering the claims on appeal against the order of the employment contract termination by agreement of the parties, the courts should find out:
- If there really existed agreement of the parties to terminate the employment contract by mutual agreement;
- Was it the will of the employee to terminate the employment contract at the time of issuance of the dismissal order;
- Did the employee want to cancel the preliminary agreement between parties about termination the contract by mutual agreement.
Corporate services consultant, Accace Ukraine