Dismissal at will - is it mandatory to work 2 weeks?

According to the provisions of Article 38 of the Labor Code of Ukraine, an employee has the right at any time to terminate an employment contract concluded for an indefinite period by giving the employer a written notice two weeks before. Such an employer's notice of subsequent dismissal is the duty of the employee.

However, in a number of cases, the law requires employers to dismiss employees within the time limit they ask for: it is a two-week's term reduction. In this case, the termination notice is reduced at the discretion of the employee even to one day.

Cases where the employer is required to dismiss an employee within the time period he or she requests are listed in Article 38 of the Labor Code:

  • moving to a new place of residence;
  • transfer of one spouse to work in another locality;
  • inability to live in this area, confirmed by a medical report;
  • pregnancy;
  • caring for a child up to the age of fourteen or a disabled child;
  • caring for a sick family member according to a medical report or a group I disabled person;
  • retirement;
  • recruitment by competition;
  • failure by the employer to comply with the labor legislation or the terms of the collective or employment contract;
  • other valid reasons.

These all reasons have one thing in common - the inability of the employee to continue working.

In the absence of reasons preventing the employee from continuing the work, the parties to the employment contract have the right to agree on any termination of dismissal after the employee submits the application within two weeks. Thus, if such an arrangement exists, the employee may not work for 2 weeks and be released even on the day of his / her application for dismissal.

At the same time, please note that the employer does not have the right to dismiss the employee before the expiry of the two-week term after the application for dismissal, if the employee did not ask for it, because within the specified period the employee has the right to withdraw the previously submitted application.

In the case where the employee left the job without his / her own will (he did not notify the employer in writing of his / her dismissal on his / her own will, left the job before the expiry of the established two-week warning period), the employer has the right to dismiss him / her for absenteeism (Article 40, paragraph 4 of the Labor Code).

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