I found a better-paying job - how to quit before the contract expires

In a dynamically changing labor market, where every opportunity turns into a life-changing choice, workers are increasingly faced with a choice: does the current job remain a source of stability or is it time to learn from mistakes and look for better prospects?

One of the most pressing issues is the possibility of early termination of an employment contract in case of finding a higher-paying job.

What are the legal grounds for this step?

How can you competently argue your actions so that no difficulties become an obstacle on the way to a better life?

In this article, we will analyze the nuances of the labor legislation of the Republic of Belarus, consider possible options, and also give recommendations that will help make this transition as safe and reliable as possible for your rights.

According to labor laws in most countries, an employee has the right to quit his job, even if he has a valid employment contract.

It is important to consider several factors:

• Notice period: The employment contract usually specifies the period of notification of the intention to quit. The employee must inform the employer in accordance with this deadline. For example, it can be two weeks or a month.
• Reasons for dismissal: The employee is not required to explain the reasons for his departure, however, an indication that he has found a better-paying job can help in further interaction with the employer.
• Actions of the employer: The employer has no right to prevent the dismissal of an employee if the conditions of the notification are met and other terms of the contract are not violated.
• Penalty: If the contract provides for penalties or a penalty for early dismissal, the employee must be prepared for possible consequences.

In accordance with the legislation of the Republic of Belarus

In accordance with Article 41 of the Labor Code of the Republic of Belarus, a fixed-term employment contract is subject to early termination at the request of an employee in case of illness or disability, admission to military service under a contract and other valid reasons preventing the performance of work under an employment contract, as well as in the case of violations of labor legislation by the employer, collective agreement, employment contract.

The fact of violation by the employer of labor legislation, collective agreement, employment contract is established by the authorized body for supervision of compliance with labor legislation, trade unions and (or) the court, or can be established by the employer independently.

However, in accordance with this article of the law, a higher-paying job can be considered as another valid reason if the employee can justify this, citing, for example, marital and financial status.

Applicability of financial situation and new job:

• Financial situation: If the deterioration of the employee's financial situation is significant and prevents him from fulfilling his work duties (for example, if the employee cannot financially support himself and his family, and even more so, for example, in the case of a high debt burden to banks), this may be considered as a valid reason, but such an interpretation is more likely everything will need to be justified.
• Finding a better paying job: This is also not a traditionally recognized valid reason for termination of the contract within the framework of legislation. Nevertheless, if an employee can convincingly argue that a new job will significantly improve his financial situation and living conditions, this can be considered as a valid reason.

In addition, if an existing employment contract infringes on the rights of an employee or negatively affects his financial situation, this may serve as a basis for termination of the contract. The legislation of the Republic of Belarus provides for some points that can help an employee in such a situation.

Grounds for termination of the contract:

• Violation of the terms of the contract: If the employer does not fulfill its obligations under the contract and this leads to a deterioration in the financial situation of the employee, this may be the basis for termination of the contract.
• Changing working conditions: If working conditions have changed for the worse (for example, a reduction in salary, deterioration of working conditions), the employee may request a revision of the terms of the contract or its termination. This is regulated by Articles 41 and 42 of the Constitution of the Republic of Belarus.
  
  

  Article 41.Citizens of the Republic of Belarus are guaranteed the right to work as the most worthy way of self-affirmation of a person, that is, the right to choose a profession, occupation and work in accordance with vocation, abilities, education, vocational training and taking into account public needs, as well as healthy and safe working conditions.Forced labor is prohibited, except for work or service on the basis of a court order or in accordance with the laws on emergency and martial law.

  Article 42.Employees are guaranteed a fair share of remuneration in the economic results of work in accordance with its quantity, quality and social significance, but not below the level that ensures them and their families a free and decent existence.

• Limitation of rights: If the contract contains conditions that clearly infringe on the employee's rights (for example, excessive penalties, prohibitions on obtaining other work, etc.), the employee may file a complaint or demand termination of the contract.
• General deterioration of the financial situation: If an employee is faced with financial difficulties or significant changes in his personal life, which requires a change in work, this may also be a reason for dismissal, although it is less important from the point of view of the law.

Thus, everything depends on the reasoning of the employee's reasons for the need to earn more.

What to do if the employer does not let you go:

• Notification: Send the employer a written notice of your intention to quit, specifying the reasons, if you consider it necessary.
• Appeal to the Labor Inspectorate: If the employer refuses to let you go, you can contact the labor Inspectorate or other supervisory authorities to protect your rights with arguments for your positions and references to Articles 41,42 of the Constitution of the Republic of Belarus and Article 41 of the Labor Code of the Republic of Belarus.
• Documentation: Save all your requests and notifications to have evidence in case of conflict.

It is important to follow the termination procedure and strive for a constructive resolution of the situation.