Resignation is a situation that many people may encounter in their everyday lives. From time to time, an employee may wish to leave their previous job. To understand one’s rights—which might be violated by the employer—and to fulfill the obligations imposed on the employee by law, it is necessary to consider the following issues.

Resignation at the Employee’s Initiative

If an employee wishes to resign, they can exercise the right granted by the Labour Code of Ukraine. Specifically, Article 38 sets out the right and conditions for terminating an open-ended employment contract at the employee’s initiative. Article 39 also establishes the possibility of terminating a fixed-term contract, but with additional conditions beyond those in Article 38. These conditions include illness or disability preventing the employee from performing their duties, or violations by the employer of labor laws, collective or employment agreements.

Resignation Without Working the Two-Week Notice Period

Firstly, the law does not impose a strict obligation to work the final two weeks after submitting a resignation letter. That is, an employee may notify the employer of their intention to resign while on sick leave or vacation, as long as the resignation letter is sent and reaches the responsible person within the company.

Secondly, under Article 3 of the Law of Ukraine “On Vacations”, the employee has the right to take unused vacation time at the moment of resignation, upon request. In such cases, the final day of the vacation is considered the date of dismissal.

Although these options may take extra time, there are legitimate reasons for which the employer must terminate the contract on the date requested by the employee. Article 38 of the Labour Code states that the resignation letter must be motivated by the inability to continue working.

The Labour Code lists the following reasons for inability to continue work:

• Moving to a new place of residence;
  
• Transfer of a spouse to another locality;
  
• Admission to an educational institution;
  
• Inability to live in the current area, confirmed by a medical opinion;
  
• Pregnancy;
  
• Caring for a child under the age of 14 or a child with a disability;
  
• Caring for a sick family member, confirmed by a medical opinion, or a person with Group I disability;
  
• Retirement;
  
• Employment following a competitive recruitment process.
  

Although the list is comprehensive, it is not exhaustive. The Labour Code allows employees to cite other valid reasons.

Changes Due to Armed Aggression by the Russian Federation

The armed aggression of the Russian Federation has introduced changes to labor legislation. Article 3 of the Law of Ukraine “On the Organization of Labor Relations Under Martial Law” states that due to active hostilities in the area where a business is located, and the threat to the employee’s life and health, the employee has the right to terminate the employment contract at their own initiative within the timeframe specified in their resignation letter.

Continuing Work After Submitting a Resignation Letter

The employee’s right to continue working even after the notice period ends is outlined in part 2 of Article 38 of the Labour Code. This means if the employee does not leave and does not insist on terminating the contract, the authorized person does not have the right to dismiss them.

An exception applies when another person has been hired for the same position who, under the law, cannot be refused employment. In other words, under general rules, the employee still has two weeks to change their mind and continue working.

Termination by Mutual Agreement

Although the Labour Code recognizes termination by mutual agreement under paragraph 1 of part 1 of Article 36, such resignation can partly be seen as employee-initiated, since the employee’s opinion is taken into account along with the employer’s. The parties are not limited by any specific conditions, except that the agreement cannot worsen the employee’s legal status compared to existing laws and regulations.

Termination by mutual agreement requires a mutual understanding between the employer and employee regarding the terms of resignation. Either party may initiate it. The employment contract is terminated on the date agreed upon by both parties. A unilateral decision by the employee cannot cancel the agreement—mutual consent is required.

Notification Period for Resignation

The date of informing the employer is considered the date the resignation letter is registered. Management acknowledgment or further actions are not mandatory. From the date of registration, the 14-day notice period begins, after which the employee is officially considered dismissed.

To protect oneself from a bad-faith employer, it is recommended to formally record the submission of the resignation letter. This can be done by submitting a copy of the letter to the HR department or authorized personnel and registering it with a date and signature of the responsible person.

If the employer refuses to accept the resignation letter for any reason, the employee can send it by registered mail with a delivery confirmation and an inventory of enclosures.

The recipient should be the company’s legal address. It is advised not to specify the resignation date in the letter. In such a case, the date the authorized representative signs for the registered letter will be considered the official notification date. From that day, the two-week countdown begins, as explained above.

Unemployment Benefits in Ukraine: Who Is Eligible?

According to the Law of Ukraine “On Mandatory State Social Insurance in Case of Unemployment”, unemployed individuals under certain conditions are entitled to financial assistance. Unemployment benefits for persons who resigned voluntarily without valid reasons or by mutual agreement are determined based on the person’s total insurance record and require at least 7 months of insured employment within the last 12 months. Payments begin on the 31st calendar day after registration.