ALL ABOUT DISMISSAL: NEW GROUNDS, FORMATION AND CALCULATION

For the employer and the employee, acceptance and dismissal from work is a process that requires proper documentation. In this process, it is necessary for the employer to do everything clearly, correctly and in compliance with the norms of labor legislation. During the martial law in Ukraine, in addition to the usual reasons for dismissal, the legislator supplemented the regulatory framework with new grounds. In order to avoid mistakes in their design, it is necessary to determine in detail what these reasons are.

New grounds for dismissal

• Dismissal at the initiative of the employee without completing the two-week term. The legislator allowed the employee to terminate the employment contract at the time he requested, if the enterprise where the employee works is located in the area where hostilities are taking place.
• The possibility of dismissing an employee while on sick leave or on vacation. The date of dismissal will be the employee's first working day. The exception is when the employee is on leave due to pregnancy and childbirth.
• It is not necessary to obtain the consent of the trade union organization when reducing the number of employees or liquidating the enterprise.

Registration of dismissal

The dismissal depends on its basis. For example, if the dismissal is by agreement of the parties or at the employee's request, the employee's application for dismissal must be submitted. The application must specify the date from which the employee wishes to be dismissed. If it is the liquidation of the enterprise or downsizing, an application from the employee is not required. Based on the application, a dismissal order is issued. The employee must be familiarized with the dismissal order personally for signature. A copy of the dismissal order must be given to the employee. After familiarizing the employee with the dismissal order, the employer must properly fill out the employment book and enter the necessary records of dismissal in it, indicating the reason for dismissal and the corresponding article of the Labor Code. The next step is to issue a work book to the employee.

If the employee is not able to receive the work book in person, at his request, such a work book can be sent to him by registered mail.

Calculation

Another important stage of dismissal is settlement with the employee. The norms of labor legislation indicate that a full settlement must be made with the employee on the day of dismissal. It is understood that the employee is paid the actually earned salary and, in some cases, compensation for the employee's unused vacation days.

From the above, at first glance, there is nothing complicated in dismissing an employee and documenting it. It is important to complete everything on time and correctly make entries in the dismissal order and the work book, and then there will be problems. But in case of unclear or disputed situations, you can always use the help of a specialist in labor law. After all, no one is immune from unforeseen circumstances.