Termination of an employment contract at the employee’s initiative is governed by Article 38 of the Labour Code of Ukraine. An employee has the right to initiate resignation for various reasons, and this process involves certain steps.
- Preparation for resignationEvery person may have their own reasons for resignation, such as:
- Personal reasons (moving, change of residence, etc.);
- Change of working conditions or improper working conditions;
- Choosing another job.
- Submitting a resignation letterThe employee must prepare a written resignation letter and submit it directly to the manager or the HR department.
The letter should include:
- the date it is written;
- the name of the organization;
- the employee’s full name;
- a statement such as: “I request to resign from the position of (state the position) due to… (state the reason)”;
- the desired resignation date.
- Notice period
- Financial settlementsThe employer is obligated to make a full settlement with the resigning employee. This includes:
- payment of wages for the time worked;
- severance pay (if stipulated in the collective agreement or employment contract).
- Formalizing the resignation
Before submitting a resignation letter, the employee should determine the reasons for leaving that will be indicated in the letter.
According to Article 38 of the Labour Code, the employee is required to notify the employer of their intention to resign at least two weeks prior to the resignation date. In some cases (e.g., by mutual agreement), this period may be shortened.
The employee is also entitled to compensation for unused vacation days.
The first and primary payment due to the resigning employee is the salary for the actual time worked in the month of resignation. This includes pay for worked days and, if applicable, overtime hours.
According to the law, employees are entitled to severance pay in certain situations. If the dismissal occurred at the employer’s initiative and not through the employee’s fault (e.g., staff reduction), the employee may receive severance pay.
Severance pay is usually equal to one average monthly salary. It’s important to check the terms of the collective agreement or employment contract, which may provide for a higher amount.
If the employee has unused vacation days at the time of resignation, they are entitled to receive compensation. The compensation is calculated based on the employee’s average daily wage and the number of unused vacation days.
If resignation occurs by mutual agreement, the employee may receive additional payments, as defined in the resignation agreement. This may include compensation, bonuses, or other one-time payments.
Upon resignation, the HR department issues a dismissal order, which must be signed by the employer. The employee may receive a copy of the order (upon request).
Violation of labour laws by the employer may result in administrative, financial, or criminal liability.
For late salary payments, partial payments, or other violations of labour laws, Article 41 of the Code of Administrative Offenses of Ukraine provides administrative liability in the form of fines for company officials and individual entrepreneurs ranging from 30 to 100 non-taxable minimum incomes of citizens (from 510 to 1700 UAH).
For delayed payments of wages or other legally required payments exceeding one month, or incomplete payments, a fine of three times the minimum wage established by law at the time the violation is identified may be imposed (Article 265 of the Labour Code of Ukraine).
For unjustified non-payment of wages, stipends, pensions, or other payments to citizens for more than one month, intentionally committed by the head of an enterprise or private entrepreneur, criminal liability applies. This includes a fine from 500 to 1000 non-taxable minimum incomes (from 8500 to 17000 UAH), corrective labour for up to 2 years, or imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities (Article 175 of the Criminal Code of Ukraine).
During martial law, the employer is exempt from liability for delays in salary payments if they can prove that the delay occurred due to hostilities or other force majeure circumstances.
If salary payment is impossible due to military actions, the payment deadline may be postponed until the company resumes operations.
If your employer is a self-employed individual who was called up for military service during mobilization or as a reservist in a special period, such an employer must fulfil their obligations within one month after being discharged from service, without penalties or fines.
For more detailed legal services on resignation at own request, you may contact the . Our firm also provides HR outsourcing services in Kyiv. Contact us for consultations by filling out the request form on our website or simply by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.