Termination at one's own request is one of the most common forms of termination of employment relations in Ukraine. This process allows the employee to independently determine the moment of ending work in the company and requires adherence to certain procedures established by law.
It includes the proper preparation of the application (application for termination at one's own request), compliance with the time limits for notifying the employer, possible working off, and the issuance of a termination order.
For employers, it is important to strictly follow the established procedure to avoid legal risks and ensure the lawful termination of employment relations. Therefore, the order for termination at one's own request must have clear regulations.
What is termination at one's own request
The order for termination is an official document that finally formalizes the termination of employment relations. It is prepared after the application is submitted and registered, contains information about the employee, the termination date, the reason - the employee's own wish - and the signatures of the manager and the person responsible for personnel accounting. The order is to be included in the employee's personal file, and a copy is sent to the accounting department for calculating all necessary payments. Issuing the order along with the work book and documents related to the settlement completes the termination process, ensuring legality and transparency of the procedure.
Payment of wages and compensations upon termination
The procedure for paying wages and compensations upon termination is one of the key components of lawful termination of employment relations. After working off or in case of termination without working off, the employer is obliged to settle fully with the employee. The final settlement includes salary for the time actually worked, compensation for unused vacation days, payment for additional days of leave if they are provided for in the employment contract or collective agreement, as well as other necessary payments, such as bonuses and incentives if they were awarded during the last months of work. Importantly, the settlement is made in monetary form and within the time frame established by law, usually on the day of termination or the next day after all documents are finalized.
Upon termination, the employee has the right to receive full wages regardless of the reasons for the termination of the employment contract. If the employee has worked the last day and submitted all necessary documents, the accounting department calculates the amount, including wages for the days worked, compensation for unused leave, as well as other financial payments according to the company's internal policies. Special attention is paid to the calculation of compensations, as their correct calculation depends on the length of service, salary, and the number of taken vacation days. Compensations for unused vacation are calculated proportionally to the remaining days until the end of the annual vacation period, taking into account the employee's total salary and bonuses received throughout the year.
Features for different categories of employees
The calculation and payment of wages upon termination has certain features depending on the category of employees. For example, employees holding managerial positions may have additional bonuses or allowances that must also be paid upon termination. For part-time employees, the calculation process involves paying salary only for the hours or days actually worked, in accordance with the part-time conditions and work schedule. Special attention should be given to employees on maternity leave or enjoying social leave, as their compensations and wages are calculated based on legislative guarantees as well as the terms of the collective or employment agreement.
There are also specific aspects to consider for seasonal workers and employees with part-time work. For these categories, it is important to accurately calculate the actual work hours, establish proportional vacation allowances, and ensure compensation payments for all unused days. In the case of employees with flexible schedules or remote work, the calculation may become complicated due to the need to count the actual tasks or hours completed, so accountants and HR must be particularly careful to avoid errors and possible employee claims.
Common mistakes during termination
Among the most common mistakes during termination are untimely payment of wages or compensations, incorrect calculation of unused vacation, absence of signatures of responsible persons in the documents, or improper execution of the termination order. It often happens that employers overlook additional payments, bonuses, or incentives that should have been included in the final settlement. There are also common cases where the employee does not receive full compensation for vacation days due to mistakes in calculating the actual hours worked or incorrect data in the work time accounting register.
Another mistake is the violation of payment deadlines for wages, which may lead to penalties from regulatory authorities and claims from employees. It is not uncommon for employers to incorrectly issue the work book, fail to specify the reason for termination or the exit date, creating legal issues for the former employee, for example, when applying for pension payments or future employment.
To avoid such problems, employers are recommended to adhere to the established procedure, check calculations with several employees, keep detailed records of working hours and vacation days taken, and document all operations related to termination. It is important for employees to carefully check the received documents, ensure the accuracy of calculations, and keep copies of applications, orders, and settlement statements for their own protection in case of disputes.
Moreover, it is important to consider changes in legislation that may affect the payment and calculation process during terminations, particularly regarding tax deductions, social contributions, and compensations. Therefore, both employers and employees are advised to regularly review current regulations and internal company policies. Following these recommendations ensures transparency and legality in the termination process, helps avoid financial errors, and safeguards the rights of both parties.