Can an employer refuse to accept a resignation letter: what the law says

There are situations when an employee decides to resign, but the employer refuses to accept the resignation letter or delays its registration. Because of this, people often ask: can a manager effectively block the resignation by not signing the document? Ukrainian labor law clearly defines the rights of employees in such cases and establishes the procedure for terminating employment at the employee's own request.

The employer cannot refuse to accept a resignation letter

According to Article 38 of the Labor Code of Ukraine, an employee has the right to terminate an indefinite-term employment contract by giving the employer written notice of their decision two weeks in advance.

This means that a resignation letter is a unilateral expression of will by the employee. The employer has no right to refuse to accept such a letter, and such actions may be considered a violation of labor legislation.

When does the two-week notice period for resignation begin

It is important that the two-week notice period starts from the moment the resignation letter is submitted, regardless of whether the management has signed it.

In other words, the absence of the employer's signature on the letter does not cancel the employee's right to resign and does not stop the legally established notice period.

What to do if the employer does not accept the resignation letter

If the employer deliberately refuses to accept the letter, the employee can use several methods to confirm the fact of its submission.

In particular, the letter can be:

• sent by registered mail with delivery confirmation;
• registered at the company's office with receipt of an incoming number;
• in case of dispute, appealed to the territorial body of the State Labor Service;
• defended in court.

Cases when you can resign without serving the two-week notice

The law also provides cases when an employee can resign at a time they determine themselves, without waiting for the two-week period to end. This right arises if continuing work is impossible due to valid reasons.

Such grounds include:

• relocation to a new place of residence;
• transfer of a spouse to work in another location;
• enrollment in an educational institution;
• inability to live in the relevant area confirmed by a medical certificate;
• pregnancy;
• caring for a child under 14 years old or a child with a disability;
• caring for a sick family member according to a medical certificate;
• caring for a person with a group I disability;
• retirement;
• employment through a competitive selection;
• other valid reasons.

In such cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

Can you resign due to violation of labor rights

An employee also has the right to terminate the employment contract at a time they determine if the employer does not comply with labor legislation, violates the terms of a collective or employment agreement, engages in mobbing (harassment), or fails to take measures to stop it.

At the same time, the fact of mobbing must be confirmed by a court decision that has entered into legal force.

What happens if the employee changes their mind about resigning

Labor legislation also contains an important caveat for employees who change their decision after submitting a resignation letter.

If after the notice period expires the employee remains at work and does not insist on terminating the employment relationship, the employer has no right to dismiss them based on the previously submitted letter.

When can the employer still dismiss an employee based on the submitted resignation letter

An exception is when another employee has already been invited to the position, and according to the law, cannot be refused an employment contract.

In such a situation, the employer has the right to process the dismissal according to the previously submitted resignation letter.

Thus, the employer cannot refuse to accept a resignation letter at will or block the exercise of this right. The law guarantees the employee the possibility to terminate employment on their own initiative and provides mechanisms for protection in case of unlawful actions by the employer.

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