Labour disputes concerning resignation: specific of consideration

Abstract

The article studies the current norms of the Russian legislation regulating the right of the employee to revoke the submitted notice on resignation. The sources analyzed include the RF Constitution, the Soviet Code of laws on labour, 1971 and the current RF Labour Code. Case practice has been dawn to the analysis including the judgments and definitions of the Plenum of the RF Supreme Court and its agencies – collegiums. The subject matter of the article was associated with the definition adopted by the Judicial Collegium on civil cases of the RF Supreme Court. This definition due to the labour dispute contradicted the established case practice. The norms of the code and practice suppose that the employee’s right to revoke the notice of resignation should not violate the rights of persons invited by the employer instead of the previous one as a transfer from another organization to conclude the labour agreement. The essence of the 2008 definition is that the right to revoke this notice may be implemented by the employer in any situation except the case when the notice can not be revoked i.e. if the other person has been dismissed from the previous job by the moment when the employer intended to revoke his notice. The authors disagreeing with the position of the Supreme Court stress that this position was not published in the Bulletin of the Supreme Court of Russia, which causes difficulties for judges as they may not ignore the opinion of the Supreme Court. The authors remind that there is still no definition who exactly decides on publishing materials of the Court in this Bulletin which is the official edition of the Supreme Court and who is liable for arbitrariness as to publishing such materials. The authors conclude that the federal law of 2010 On Ensuring Access to the Information on the Court Activity would correct the situation. If the law is not applied, judges and people will not have an access to any texts of judgments.