Termination by Personal Desire or by Agreement of the Parties: Key Differences and Risks
Tetyana Donets examines the termination process in labor relations, its legal aspects, and the distinction between termination by personal desire and by agreement of the parties. Termination by personal desire is regulated by Article 38 of the Labor Code (LC). In this case, the employee is required to notify the employer of their intention two weeks before the desired termination date. It is important to note that the employee has the right to withdraw their application at any moment during this period.
On the other hand, termination by agreement of the parties is regulated by paragraph 1 of Article 36 of the LC. In this variant, there is no mandatory two-week notice, allowing the parties to conclude their labor relations more quickly. The procedure for concluding cooperation on the last working day remains standard.
When terminating by personal desire, the employee has the right to change their mind and not terminate within two weeks.
Employee has the right to change their mind and not terminate within these two weeks, and the employer has no right to terminate them - Tetyana Donets.In contrast, when terminating a labor contract by agreement of the parties, there are no options to reconsider and withdraw their application, as the employer and employee immediately agree on the termination date.
The procedure for settlement upon termination in both cases stipulates that the employer is obliged to:
- issue the employee a copy of the termination order;
- provide written notification of accrued and paid amounts;
- conduct a full settlement;
- issue the employment record book.
This ensures transparency and adherence to the rights of the employee during the conclusion of labor relations.
Thus, understanding the differences between termination by personal desire and by agreement of the parties is important for every employee. This will help avoid misunderstandings and risks associated with the termination process.
The importance of being aware of the legal aspects of termination becomes especially relevant in the modern labor market, where changes in labor relations can occur rapidly. Employees should be well-informed about their rights to make informed decisions regarding their careers. Knowledge of the difference between these two forms of termination can help avoid legal complexities and ensure clarity in the process of changing jobs.