Release unilaterally during hostilities

Either the employer or the employee can unilaterally terminate the employment contract. This right is stipulated in Law No. 2434.

This law was adopted during martial law. The authorities needed to regulate labor relations; therefore, the main objective of the legislative changes is to simplify the procedures for employment and dismissal.

Termination of the employment contract at the initiative of the employer

Article 49-8 of the Ukrainian Labor Code provides entrepreneurs with the right to initiate the termination of the employment contract.

Entrepreneurs can do so in the following ways:

• sign an additional agreement for the termination of the employment contract;

• unilaterally, after sending the employee a notice regarding the termination of labor relations prior to termination.

By law, such notice is considered delivered seven calendar days after it is sent.

The employer must explain and justify the reason for the dismissal to the employee.

The next step is to arrange payment for the dismissed employee in accordance with the employment contract. The law establishes minimum amounts of monetary compensation, below which payment is not permitted:

• three minimum wages, provided that the employee has worked for more than one year;

• five minimum wages, provided that the employee has worked for over two years;

• one minimum wage, provided that the employee has worked for more than one month (30 days);

• half of the minimum wage, provided that the employee has worked for less than 30 days.

When calculating the compensation, the minimum wage effective at the time of termination must be taken into account.

How can an IDP resign?

If internally displaced persons (IDPs) cannot resign in person because they are located in another city, the law allows them to do so remotely. They must contact the employment center.

The status of an internally displaced person can be obtained at the settlement council, social protection authorities, and one-stop shops.

Upon resignation, the employment center assigns the employee an unemployed status. This grants the right to receive unemployment benefits as well as social services. If an IDP does not have the documents required to obtain unemployment status, the center initiates a simplified procedure without additional requirements. In that case, the displaced person is only eligible for the minimum unemployment benefit.

Steps for resignation through the employment center (hereinafter EC):

• the employee contacts the EC at their place of registration as an IDP;

• submits an application in the usual form addressed to the employer.

With this procedure, the effective date of resignation is considered to be the day following the dispatch of the application.

After receiving the application from an IDP, the employment center must notify the following institutions of the individual's intention to resign:

• the tax authority,

• the pension fund,

• the employer.

If the enterprise is located in an occupied territory and cannot establish contact with the employer, the resignation application will be stored at the territorial employment center. After these territories are liberated, the EC will notify the enterprise's management about the termination of the employment contract.

Grounds for dismissal

• by mutual consent — item 1, part 1, article 36 of the Labor Code;

• voluntary termination — article 38 of the Labor Code;

• termination of a fixed-term employment contract — article 39 of the Labor Code.

Actions of the employer when dismissing an employee unilaterally

The law does not provide special conditions for employers when dismissing an employee unilaterally. Therefore, to arrange the termination of labor relations, current legislation must be followed, namely:

• issue the appropriate company order regarding the dismissal of the employee and send them a certified copy of the document;

• pay monetary compensation for unused leave;

• pay the salary and perform the final settlement;

• make the corresponding entry in the work record book and deliver it to the employee.

It is preferable to issue the dismissal order with the date on which the employer received the resignation notice from the employee. The effective dismissal date will be the date specified by the employment center.

In case of loss of contact with the employee, the employer may refrain from sending a copy of the order. This will not constitute a violation of the law.

The final settlement must be carried out on the same day the enterprise's management becomes aware of the employee's resignation. If the enterprise is temporarily unable to pay the monetary compensation and salary due to ongoing hostilities, payment can be made after full restoration of activities.

Termination of an open-ended employment contract

An employee may unilaterally terminate an open-ended employment contract. This right is provided by article 38 of the Labor Code.

The main requirement is to notify the employer of the decision two weeks in advance. To do so, a written notice addressed to the enterprise's management must be submitted.

In this case, the employee resigns voluntarily, and the employer must find a replacement candidate within two weeks.

Steps for voluntary resignation:

• signing the resignation notice;

• informing the management of the decision to resign;

• issuing the dismissal order specifying the grounds and the effective date of dismissal;

• calculation and payment of the monetary compensation related to the resignation.

If an employee holds IDP status and cannot work for two weeks, the employer will consider the dismissal effective on the date specified in the notice.

There are other grounds for dismissal without notice:

• transfer to work in another city;

• relocation to a new place of residence;

• enrollment in an educational institution;

• pregnancy;

• retirement;

• caring for a sick family member, etc.

On such grounds, the employer must terminate the employment contract on the date requested by the employee.

Termination of labor relations through unilateral dismissal has its own specifics and nuances. Therefore, to avoid delays, the procedure must be strictly followed in accordance with the legislation.