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Publication date: 06.05.2024
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Dismissal: documentation and final settlement with the employee
IN ARTICLE
• What documents need to be issued to fire an employee?
• When is the final settlement with the employee carried out?
• What is included in the final settlement amount?
• Does martial law affect the final settlement?
According to Article 43 of the Constitution of Ukraine, everyone has the right to work, which includes the opportunity to earn a living by work that he freely chooses or freely agrees to. At the same time, citizens are guaranteed protection against illegal dismissal. That is, dismissal is possible only on the grounds provided for by law.
The grounds for terminating an employment contract are defined in Article 36 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code). Among the most common reasons for dismissal, the following can be singled out, in particular:
• termination of the employment contract at the initiative of the employee (Articles 38 and 39 of the Labor Code). The employee has the right to terminate the employment contract concluded for an indefinite period by notifying the employer in writing 2 weeks in advance. If there are valid reasons, dismissal is possible within the period requested by the employee;
• dismissal by agreement of the parties (Clause 1, Article 36 of the Labor Code). The parties must reach a mutual agreement on the exact date of release. Both the employee and the employer can initiate dismissal on this basis;
• termination of the employment contract at the initiative of the employer (Articles 40 and 41 of the Labor Code).Grounds for dismissal at the initiative of the employer may be the employee's systematic non-fulfillment of the duties assigned to him by the employment contract or internal labor regulations, if disciplinary sanctions were previously applied to the employee, absenteeism without a valid reason, the employee's incompatibility with the position held or performed work due to insufficient qualifications or a state of health that prevents the continuation of this work, etc.
Documentation of dismissal
In the process of dismissal, it is important to correctly issue the relevant personnel documents. This will protect the employer from prosecution.
Usually, the employee submits a notice of dismissal in the name of the employer. The employer must certify the received document and also note the resolution on it.
On the basis of the application, an order (order) is issued to dismiss the employee, which must contain the grounds for dismissal with reference to the clause and article of the Labor Code. The employee is familiarized with the order (order) on dismissal for signature. A copy of the order (order) must be issued to the employee on the last working day.
According to the first part of Article 47 of the Labor Code, the employer is obliged, at the request of the employee, to make appropriate records of dismissal in the labor book kept by the employee.
dismissal under signature. A copy of the order (order) should be issued to the employee on the last working day.
According to the first part of article 47 of the Labor Code, the employer is obliged, at the request of the employee, to make appropriate records of dismissal in the labor book kept by the employee.
If the work record is kept by the employer (the employer has not yet digitized it and has not transferred the relevant information to the Pension Fund of Ukraine), he, in accordance with clause 4.1 of the Instructions on the procedure for keeping work records of employees, approved by order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Social Protection of the population of Ukraine dated July 29, 1993 No. 58, it must be properly issued and issued to the employee. Upon receipt of the work book, the employee signs in the personal card and the book of accounting for the movement of work books and inserts in them.
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FROM PRACTICE
Some employers use bypass letters that must be filled out when employees are fired. As a rule, on the eve or on the last day of work, the employee must go through all the "stages" of signing the bypass letter. The form of the bypass letter and the circle of employees (structural subdivisions) to which the employee must appear are determined by the employer and depend on the job duties performed by the employee. The bypass letter may contain, for example, information that the employee handed over the keys, access card, tools, etc.Read the article in full
Further in the article:
• Sample of the employee's application for dismissal from work
• Sample of the order on the dismissal of an employee from work
• Sample of an entry in the employee's employment book about dismissal from work
• On the peculiarities of carrying out the final settlement with the employee
• If the employee has worked a full month and if the month has been worked incompletely
• About payment of severance pay
• Table of sizes of severance pay depending on the reason for dismissal
• A sample of an order to withhold excessively paid funds from an employee's salary
• Conducting the final settlement with the employee during martial law
• For what and what responsibility is the employer in case of violation of the calculation upon dismissal
