Resignation signed under pressure from the employer is invalid. The Supreme Court examines it strictly.
Types of Pressure
- "Resign instead of dismissal" pressure
- "If you do not resign, I will initiate discipline"
- Threat of not extending the contract
- Moral pressure (similar to mobbing)
Result of Invalidity
- Resignation is void
- The worker is deemed to have been dismissed
- All rights (seniority, notice) may be requested
- Reinstatement case possible
Proof
- Witness (colleagues)
- Correspondence
- Phone records
- Health report (stress)
Duration
- 5 years from the date of resignation
- Receivables from employment statute of limitations
Supreme Court 9. HD
9. HD accepts that the "resignation under pressure" claim must be supported by "objective evidence and witnesses" and that a mere claim is insufficient.
Labor law attorney is recommended.