What Happened

An employee was in hospital and could not attend the employer’s premises in person. They granted a notarial power of attorney to a relative, using the formulation “to represent my interests in all organisations and institutions.”

The relative submitted a voluntary resignation letter in the employee’s name.

The employer accepted the letter, processed the dismissal, and returned the employment record book.

The court ruled the dismissal unlawful and reinstated the employee.

The Court’s Reasoning

The court held: a voluntary resignation letter is a personal expression of will by the employee themselves, directly connected to their employment rights. Delegating this right to a representative under a power of attorney is only possible if the power of attorney expressly and unambiguously includes the right to submit resignation letters.

A general formulation such as “to represent in all organisations” does not create this authority. Employment rights require a specific formulation: “to submit voluntary resignation letters.”

Why This Matters

For the employee: this rule protects against situations where someone could “resign” an employee without their genuine consent — for example, through a power of attorney granted under duress or during illness.

For the employer: when accepting a letter from a representative acting under a power of attorney, the document must be carefully examined. If the formulation is general — it is safer to require a personal letter from the employee or to confirm their intention by another means.

How to Draft a Power of Attorney for Employment Matters

If an employee genuinely wants a representative to be able to act in employment matters, the power of attorney must list specific authorities:

“to submit voluntary resignation letters,”
“to collect the employment record book and final settlement,”
“to apply to the Labour Inspectorate,”
“to sign documents relating to the employment relationship.”

A notary drafting the document is obliged to explain the difference between a general and a special power of attorney — insist on specific formulations.

When Submission Through a Representative Is Permissible

Courts recognise submission through a representative as valid where two conditions are met:

The power of attorney expressly includes the right to resign.
The power of attorney is notarially certified.

Frequently Asked Questions

What exact wording is needed in a power of attorney to authorise resignation? The document must name the authority explicitly: “to submit voluntary resignation letters” or “to carry out all actions connected with the termination of the employment relationship.” A general phrase such as “to represent in all organisations and institutions” is insufficient for this purpose.

Does the power of attorney need to be notarially certified? Courts recognise submission through a representative as valid only where the power of attorney is notarially certified and expressly grants the authority to resign. A simple written power of attorney creates even greater procedural risks for the employer.

What if I want to resign but cannot attend in person? Send the resignation letter by recorded post or by email (where the employer accepts electronic submissions). Alternatively, execute a notarially certified power of attorney that explicitly grants authority to submit a resignation.

If I was dismissed on the basis of a letter submitted without proper authority, how long do I have to challenge it? One month from the date of receipt of a copy of the dismissal order or the employment record book (Article 392 of the Labour Code). Do not delay — the deadline is very short.

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Were you dismissed on the basis of a letter that you did not submit in person, or did you sign a resignation letter under pressure you now regret? Contact us for a consultation — we will examine the circumstances and assess the prospects for reinstatement.

Resigning Via Power of Attorney: Court Rules It Invalid