Judicial protection of citizens’ labor rights in case of voluntary dismissal on their own

Occupation: leading researcher of the Department of Labor and Social Security Legislation
Affiliation: Institute of Leqislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,

Journal name

Gosudarstvo i pravo

Edition

Issue 10

Pages

193-198

Abstract

Judicial protection, being a guarantee of ensuring the rights and freedoms of citizens, effectively ensures their protection for a fair and public trial by an independent and impartial court, full restoration of their rights, including the execution of a judicial act. The conditions of termination of the employment contract at the initiative of the employee are investigated, the main approaches to understanding such categories as the presence of the employee's will to be dismissed at his own will and the voluntary nature of the will are described, the main trends of their implementation are determined when considering labor disputes by the court. The article gives an assessment of the approaches emerging in judicial practice to the consideration of cases of this category, taking into account the practice of the Supreme Court of the Russian Federation.

Keywords

judicial method of protection, termination of an employment contract on the initiative of an employee, terms of termination of an employment contract, coercion to terminate an employment contract, will and expression of will, voluntary

Received

02.03.2022

Publication date

24.11.2022

Number of characters

25317

Cite

GOST	Lomakina L. Judicial protection of citizens’ labor rights in case of voluntary dismissal on their own // Gosudarstvo i pravo – 2022. – Issue 10 C. 193-198 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520022602-3-1 (circulation date: 22.07.2024). DOI: 10.31857/S102694520022602-3
MLA	Lomakina, Lyubov "Judicial protection of citizens’ labor rights in case of voluntary dismissal on their own." Gosudarstvo i pravo 10 (2022):193-198. DOI: 10.31857/S102694520022602-3
APA	Lomakina L. (2022). Judicial protection of citizens’ labor rights in case of voluntary dismissal on their own. Gosudarstvo i pravo (10), pp.193-198 DOI: 10.31857/S102694520022602-3

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