Russia’s First Cassation Court of General Jurisdiction has ruled that an employer cannot dismiss an employee on the same day the employee submits a voluntary resignation letter. The court found such dismissal unlawful: it deprives the employee of the right to withdraw the resignation and make an informed choice of termination grounds (Ruling No. 88-16697/2026, 15 June 2026).
What happened
An employee submitted a voluntary resignation letter — and was dismissed that same day. The employer apparently saw no problem with this: there was a letter, there was apparent consent, why wait?
The court disagreed.
The First Cassation Court’s ruling
The judges recalled the fundamental rule of Article 80 of the Labour Code: there must be at least two weeks between the submission of a resignation letter and the dismissal date. The notice period begins on the day after the employer receives the letter.
The purpose of this period is not a formality. It gives:
- the employee time to reconsider and withdraw the resignation;
- the opportunity to make an informed choice of grounds for termination (voluntary resignation, mutual agreement, etc.);
- protection to the economically weaker party in the employment relationship.
The court ruled explicitly: dismissing an employee on the day the resignation is submitted denies all of these rights — and is therefore unlawful.
When same-day dismissal is permitted
The law allows termination before the two-week notice period expires only by mutual agreement (Article 80, Part 1 of the Labour Code). This requires that:
- the employee personally requests an earlier date (for example, by naming a specific date in the resignation letter);
- the employer agrees to that date;
- both parties understand that the notice period will not be served.
An employer who simply does not want to wait cannot unilaterally dismiss an employee before the notice period expires.
What to do if you were dismissed on the day you resigned
If your employer dismissed you on the same day you submitted your resignation:
- Record the date — keep your copy of the resignation letter with the receipt stamp, or a screenshot of your written correspondence.
- Check the dismissal order — the order date must not match the resignation date unless you explicitly agreed to early termination.
- Go to court — the deadline for labour disputes is one month from the date you receive your work record book or a copy of the dismissal order (Article 392 of the Labour Code).
The court may reinstate you, award your average earnings for the entire period of forced absence, and order compensation for non-pecuniary damage.
Frequently Asked Questions
Can an employer dismiss an employee on the same day they submit a resignation letter? No. Under Article 80 of the Labour Code, the employer must observe a two-week notice period. Dismissal before that period expires is only permitted by mutual agreement — when the employee themselves specifies an earlier date and the employer accepts it.
What should I do if my employer dismissed me on the same day I resigned? Retain your resignation letter with the date it was submitted, together with the dismissal order. If the dates match and you did not explicitly request early termination, apply to court within one month. The court may reinstate you and award average earnings for the full period of forced absence.
Can I withdraw my resignation if my employer already dismissed me that same day? That is precisely the right that is violated by same-day dismissal. An employee has the right to withdraw a resignation at any point before the two-week notice period expires (Article 80, Part 4 of the Labour Code). Unlawful early dismissal denies that right — and constitutes grounds for reinstatement through the courts.
What are the consequences for an employer who dismisses an employee on the day of resignation? The court will declare the dismissal unlawful and order reinstatement. The employer will additionally be required to pay average earnings for the entire period of forced absence and compensation for non-pecuniary damage.
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