In particular, in accordance with the requirements of Art. 38 of the Labor Code of Ukraine, an employee may on his / her own initiative terminate an employment contract concluded for an indefinite period, warning the owner or the authorized body thereof in writing in 2 weeks.

At the same time, there are cases where the employee's application for dismissal at work is submitted due to the inability to continue work: for example, the transfer of a husband or wife to work in another area, admission to an educational institution, care of a child until he reaches the age of fourteen, etc. In such a case, the owner or an authority authorized by him is obliged to terminate an employment contract within the term requested by the employee.

Sometimes a situation arises when an employee after the expiration of the specified 2 weeks (notice of release) has not left work and does not require termination of an employment contract. In this case, the owner or the authorized body of the authority is not entitled to release him on the previously filed application, except in cases where another employee has been invited to his place, which according to the law can not be refused.

An interesting position on this is set out in paragraph 12 of the Resolution of the Plenum of the Supreme Court of Ukraine No. 9 dated November 6, 1992 "On the practice of consideration by the courts of labor disputes", according to which, in cases on the dismissal of workers from work on their own will (according to Article 38 of the Labor Code Ukraine), courts are required to verify the employee's arguments that the owner or his authorized body compelled him to file an application for the termination of the employment contract. In this submission, the employee's application for the avoidance of liability for guilty actions can not be construed as a coercive and not a post the owner or the authorized body of his right to release him for the fault based on the grounds provided for by law, before the expiration of the established two-week period, and to apply another disciplinary sanction during this period in accordance with the established procedure.

Thus, the employee who warned the owner or authorized by him on the termination of an employment contract concluded for an indefinite period, has the right to withdraw his application before the expiration of the period of notice. Exemption in this case is not carried out, provided that another person is not invited to his place, including in the order of transfer from another enterprise, institution or organization.