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Cancelling the Employment Contract by the Employee

Viimati uuendatud: 15.10.2019

The employee can cancel the employment contact either ordinarily or extraordinarily.

Cancelling the employment contract ordinarily by the employee

The employee can cancel the unlimited employment contract ordinarily at any time, but the fixed-term contract only if it has been concluded for replacing another employee. For example, a person employed as a maternity leave substitute can cancel the contract (notifying 30 days in advance).

The ordinary cancellation does not have to be grounded. The employee can cancel the employment contract in a written and reproducible form (e.g. fax or email) or in writing (signed in person or digitally).

The other party must be notified at least 30 calendar days in advance of the ordinary cancellation. If the employee notifies less than 30 calendar days in advance, the employer is entitled to ask the employee a compensation for the number of days the notification is shorter by. The compensation is the medium daily remuneration per each less notified workday.

Cancelling the employment contract extraordinarily by the employee

If the employee wishes to cancel the employment contract extraordinarily, they must certify the existence of an influential reason. In the case of an extraordinary cancellation, the 30-day notification period must not be adhered to.

The employee can extraordinarily cancel the fixed-term and the unlimited term employment contract:

  • On an influential reason, and
  • During a reasonable time after learning about the circumstances that are the cancellation reason.

Employment Contracts Act does not validate a final list of cancellation reasons. What individual case causes the contract cancellation is undetermined by law and needs to be evaluated in each specific case.

Reasons for the extraordinary cancellation by the employee could be situations where:

  • The employer has degraded the employee;
  • The employer has considerably delayed with the remuneration payment;
  • Continuing the work is hazardous to health;
  • The employee’s bad health prohibits continuing the work;
  • Continuing the work is impossible due to family obligations, such as raising children or caring for parents.

The list of influential reasons is not final which prohibit the employee from continuing work, but the actual reason must be connected with the employee’s person or some circumstance related to the employer. If the employee cancels the employment contract stating that the employer has considerably breached the contract, the employer must pay a compensation to the employee in the extent of three months’ average remuneration. Court or labour dispute committee can change the compensation amount.

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