Employee Could Not Resign After Maternity Leave Due to Employer Disappearance — Court Decision
The Khmelnytskyi City District Court considered case No. 686/33047/2 on the employee's claim to recognize the termination of employment relations after the employer did not respond to her resignation request following the end of her childcare leave.
Case Summary
The plaintiff was hired in 2020 as a cashier-expert. From March 18, 2022 to March 18, 2025, the plaintiff was on childcare leave until the child reached three years of age.
After maternity leave, she wanted to return to work, but the management did not answer her phone calls.
According to employment records from the Insured Persons Register as of November 3, 2025, her employment relations have not been terminated.
Thus, her employment contract was not terminated, and no dismissal entry was made in her employment record book. The defendant effectively disappeared without issuing any orders regarding downtime or suspension of the employment contract. Because of this, the plaintiff was deprived of the opportunity to officially be employed at her main workplace, the court was informed.
The Court Recognized the Employment Relations as Terminated
Considering the violation of the plaintiff's right to terminate the employment contract, the chosen method of protection aimed to restore her labor rights guaranteed by the Constitution of Ukraine.
The procedure for terminating an employment contract at the employee's initiative, as provided by part one of Article 38 of the Labor Code of Ukraine, requires the employee to notify the employer or authorized body in writing two weeks in advance.
The plaintiff submitted a resignation application based on Article 38 of the Labor Code, which the defendant ignored.
The imperfections of national legislation and gaps in the legal regulation of certain relations cannot be grounds to deprive a person of the right to protect their violated rights in the manner they choose. Therefore, under the circumstances established by the court and considering the requirements of part two of Article 5 of the Civil Procedure Code of Ukraine, an effective way to protect the plaintiff's rights is to recognize the termination of employment relations between the parties.
Considering the above, the court recognized the termination of employment relations between the plaintiff and the defendant based on part 1 of Article 38 of the Labor Code.
An appeal may be filed against the court's decision.
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