“I won’t let you go — I’ll fire you for absenteeism or poor performance.” That is the typical reaction when an employer receives a voluntary resignation letter. Many employees panic and withdraw their notice. They shouldn’t.

Recent rulings from Russia’s courts of cassation are unambiguous: your right to leave is stronger than your manager’s desire for revenge. Here is what to do.

Step 1. A resignation letter is a notice, not a request

You are not asking for permission. You are notifying your employer of a decision already made.

The key rule: submit your letter in a way that leaves you with proof of receipt:

In person at the office — ask for a date-stamped copy with a receipt note.
By registered mail — with a description of contents and a delivery confirmation.
Via an MFC service centre — if the employer refuses to accept the letter directly.

From the moment the letter is received (or delivered by post), the countdown starts: in 14 calendar days you are free. The employer must hand over your employment record book and final payment on exactly that day.

Note: if there is no dispute about the termination terms, you and the employer may agree on a shorter notice period.

Step 2. Why firing you “for cause” before the notice expires won’t work

Even if the employer finds a genuine disciplinary violation, dismissing you for cause is a time-consuming procedure under Art. 193 of the Labour Code:

Document the violation in a written report.
Request a written explanation from the employee.
Wait 2 working days — dismissal before that is unlawful.
Issue the dismissal order.

If fewer working days remain before your resignation date than the procedure requires, the employer simply cannot complete the process lawfully.

If they manage to issue the order after the date in your resignation letter, the court will invalidate it. The First Court of Cassation of General Jurisdiction held in ruling No. 88-18450/2025 (July 2025): where a resignation is submitted in conditions of conflict with management, this indicates defective intent — coercion rather than a free choice. A letter written in the employee’s own hand does not by itself prove voluntariness.

Step 3. The notice period — be the perfect employee

During the two-week notice period you are under a microscope. Your employer will look for any opening. To avoid giving them ammunition:

Do not be late — even by five minutes. A tardiness report is already a document.
Do not leave early. Under Russian law, absenteeism means absence from your workplace for more than 4 consecutive hours (Art. 81, Part 1, Clause 6(a) of the Labour Code).
Put tasks in writing: reply to instructions by email, save all correspondence.
Avoid verbal arguments — verbal exchanges leave no trace; provocations do.

Step 4. If they fire you “for cause” anyway

If you followed all the steps, worked through the notice period, and on the last day receive an employment record with an entry reading “dismissed for absenteeism” or “repeated misconduct”:

Do not refuse to sign the dismissal order. Alongside your signature write: “I disagree with this order and request dismissal on my own initiative — the notice period has expired.”
Go to court — within one month of the dismissal date (Art. 392 of the Labour Code).
What you can obtain: the court will correct the entry in your employment record and order the employer to pay your average salary for the entire period of forced absence, plus compensation for distress (see case No. 88-28978/2025, February 2026).

Russian courts consistently uphold the employee’s right to resign voluntarily. That right does not depend on the employer’s agreement, the manager’s mood, or unfinished projects.

Frequently Asked Questions

Can an employer refuse to accept a voluntary resignation? No. Art. 80 of the Labour Code guarantees an unconditional right to terminate the employment contract. Fourteen calendar days after the employer receives your letter, you may leave regardless of their agreement.

What should I do if the employer refuses to accept my resignation letter? Send it by registered mail with a description of contents and a delivery confirmation, or submit it via an MFC service centre. The delivery date counts as the submission date, and the 14-day notice period runs from that day.

Can I be dismissed for cause during the notice period? Technically yes, but the procedure takes at least 2 working days under Art. 193 of the Labour Code. If fewer working days remain before your resignation date, the employer cannot lawfully complete the process in time.

What can I claim in court if dismissed for cause after submitting my resignation? Reinstatement, correction of the dismissal entry in your employment record, average salary for the entire period of forced absence, and compensation for distress.

Read Also

Being dismissed for cause after submitting your resignation? Contact us — we will analyse the situation and prepare your legal position.

Resignation Under Pressure: Four Steps to Protect Yourself