Legal brake from court on counting undated document as resignation

The portrayal by an employer of an undated document, signed by a security guard to take on a role in a different project, as a resignation letter was annulled through judicial review. The Regional Court of Justice ruled that the document did not reflect a genuine intention to resign and upheld the reinstatement decision.

Project Change and Resignation Claim

M.K., who had been working as a security guard for a long time, wanted to take on duties in a different project of the employer. For this purpose, he signed a handwritten document.

Nature of the Undated Document

The employer treated the handwritten and undated document in question as a resignation letter and processed the employee's dismissal under SGK (Social Security Institution) code 03.

Judicial Process and Court Decision

Stating that he did not leave of his own accord, the employee filed a lawsuit in the Labor Court. The court ruled that the termination was invalid and ordered reinstatement.

Evaluation by the Regional Court of Justice

Examining the case file, the 8th Civil Chamber of the Regional Court of Justice found the employer unjustified due to the document being undated and lacking a genuine intention to resign.