How to fire an employee who doesn't want to leave?

How to legally fire an employee who refuses to resign: a guide for business owners in Ukraine in 2026

Dismissal of an employee without their consent in Ukraine is possible only on the grounds and procedures defined by law. If the employer makes mistakes in wording, deadlines, or documents, the risk of a dispute increases sharply. Typical consequences of losing a case for a business include reinstatement of the employee and financial payments for the period of forced absenteeism.

Below is a practical and legally correct algorithm that helps a business owner act systematically, reducing litigation risks. The basis is the Labor Code of Ukraine and special martial law regulations. (Zakon Rada)

1) Determine the correct legal basis

The first step for an employer is not finding a way to fire someone, but choosing the correct basis that matches the facts.

The most common legal scenarios:

Each scenario has different deadlines, documents, and restrictions. Choosing the wrong basis usually makes the dismissal vulnerable in court.

2) The least risky path for business: mutual agreement

Termination of an employment contract by mutual agreement is the most manageable way if you need to end relations quickly and relatively conflict-free, as well as minimize the likelihood of a lawsuit.

Basis: paragraph 1 of Article 36 of the Labor Code. (Zakon Rada)

How to process correctly

What must be paid

Additional compensation upon mutual agreement is not mandatory by law, but is often used as a tool to reach an agreement.

Important safety condition

The mutual agreement must be voluntary. If the employee proves coercion, the agreement can be challenged. Therefore, it is important for the employer to maintain a neutral business style of negotiations and avoid pressure.

3) If the employee is on probation: a quick legal mechanism

If probation is established in the employment contract or hiring order, the employer may terminate the employment relationship in case of the employee's unsuitability for the job.

Basis and procedure: Article 28 of the Labor Code, written warning three days in advance. (Factor)

How to do it legally correctly

This mechanism does not replace the disciplinary procedure. The basis is specifically unsuitability for the job, not punishment for violations.

4) Disciplinary route: when the employee violates rules or fails to perform duties

This path is needed when the employee:

To fire for systematic nature, the employer must show that violations were repeated and that disciplinary penalties were applied earlier.

Basis: paragraph 3 of Article 40 of the Labor Code. (Factor)

4.1. Start with formalizing rules

It is difficult to prove violations without written rules. The basic package includes:

4.2. Record every violation

The employer must collect evidence that withstands scrutiny:

4.3. Demand written explanations

Before applying a disciplinary penalty, the employer must demand written explanations from the employee. If the employee refuses, the employer records the refusal with an act. This follows directly from the procedure for applying disciplinary penalties. (Factor)

4.4. Adhere to deadlines

Deadlines are critical. Violating deadlines often makes the penalty order illegal.

4.5. Apply the penalty

Only one disciplinary penalty can be applied for each violation of labor discipline. (Factor)

After the first properly processed penalty, a repeated violation in the presence of an active penalty forms the legal basis for dismissal under paragraph 3 of Article 40 of the Labor Code. (Factor)

5) Absenteeism as a ground for dismissal

If an employee is absent from work without valid reasons, this can be a ground for dismissal. The Labor Code explicitly classifies as absenteeism, in particular, absence from work for more than three hours during the working day without valid reasons. (Factor)

Practically, it is important for the employer to:

6) Incompatibility with the position and performance evaluation

Certification (attestation) as a dismissal tool is used only when it is part of a real evaluation system and conducted according to uniform rules, with criteria stemming from job duties. The idea of creating an evaluation with a predetermined negative result is legally risky, since in a dispute, not only the availability of documents is assessed, but also the good faith and reasonableness of the employer's actions.

A practical approach that better protects the business is to build evidence through:

7) Staff reduction or redundancy: when the reason is organizational

If a business changes its structure, closes a direction, or optimizes costs, dismissal due to redundancy is possible. In this procedure, key risks lie in proving the reality of changes and correctly applying the preferential right to remain at work.

Preferential right to remain at work is granted to employees with higher qualifications and productivity, as well as other categories in cases defined by law. (Factor)

Redundancy requires careful HR support, so in practice, employers often simultaneously consider mutual agreement as a less conflict-prone option.

8) Features of martial law relevant in 2026

During martial law, a special Law of Ukraine on the organization of labor relations under martial law conditions applies, in the version effective as of 04.12.2025. (Zakon Rada)

Practically important norms for the employer:

These norms do not cancel the requirements for proper grounds and documentation but change certain procedural prohibitions.

9) Categories of employees with increased guarantees

For certain categories of employees, the law establishes additional guarantees and restrictions on dismissal at the employer's initiative. In particular, dismissal of pregnant women and women with children of a certain age is generally not allowed, except in cases of complete liquidation of the enterprise, with additional duties for the employer. (Free Legal Aid)

Before any dismissal in a difficult situation, it is advisable to check whether the employee belongs to protected categories.

10) Mandatory block for any dismissal: settlement and documents

Regardless of the basis, the employer must fulfill basic requirements:

Violation of settlement deadlines is a frequent cause of financial claims even when the basis for dismissal was chosen correctly.

Summary: recommended procedure for a business owner

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