Courts have consistently approached cases where employees disputed their resignation, was to check that the signature on the resignation letter was the employee’s and that he/she signed willingly. As a rule, a forced (involuntary) signature was generally acknowledged in cases of physical coercion only, not moral pressure.
In a precedent setting case, No 5-КГПР20-165-К2, the Supreme Court ruled that the three courts of lower instances should have also focused on such aspects as the reasons why the employee resigned and the conflict with the immediate supervisor that preceded the resignation.
Key Action Points for Human Resources and In-house Counsel
Conduct exit interviews, ask employees to sign interview results. Questionnaires should include queries on reasons for resignation, employee’s motives, etc. in order to secure evidence that the employee resigned freely and willingly, and that he/she fully understood the consequences of such actions.