Problems of taking into account the employee’s will when considering labor disputes on termination of the employment contract of their own free will

Abstract

In general, a number of labor law institutions, taking into account the will of the employee plays a very important, if not the dominant role. However, at present, in labor legislation there are no legally established parameters for taking into account the expression of will. In this case, problems of proof arise related to issues of expression of will.These problems arise most acutely when considering such categories of labor disputes as voluntary dismissal. The article will discuss such concepts as will, expression of will, defect of will. When considering the means of proof, the main emphasis will be on the judicial practice of using certain means of proof. At the same time, the authors will consider only those means of proof that will help establish that dismissal by agreement of the parties actually contradicts the voluntary expression of the employee’s will.