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Grounds, Restrictions and Other Provisions Concerning the Termination of an Employment Contract at the Employer’s Initiative
Employment relations between an employee and an employer arise based on a written employment contract concluded in accordance with the procedure prescribed by labor legislation or an individual legal act on employment.
An employment contract may be terminated by mutual agreement of the parties, at the initiative of the employee or the employer, as well as on other grounds established by the Labor Code.
An employment contract may be terminated at the employer’s initiative in the following cases:
|
Grounds for Termination of an Employment Contract at the Employer’s Initiative |
Notice Period |
Severance Pay |
| Liquidation of the organization | No later than 2 months in advance | One month’s average salary |
| Reduction in the number of employees and/or positions | No later than 2 months in advance | One month’s average salary |
| Employee’s failure to meet the requirements of the position held | For employees with less than 1 year of service: no later than 14 days in advance; 1–5 years: 35 days; 5–10 years: 42 days; 10–15 years: 60 days | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
| Reinstatement of another employee to their previous position | No prior notice | One month’s average salary |
| Repeated failure by the employee, without a valid reason, to perform duties assigned to them | No prior notice | One month’s average salary |
| Loss of confidence in the employee | No prior notice | One month’s average salary |
| Long-term incapacity for work of the employee | For employees with less than 1 year of service: no later than 14 days in advance; 1–5 years: 35 days; 5–10 years: 42 days; 10–15 years: 60 days | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
| Employee being present at the workplace under the influence of alcohol, narcotic drugs or psychotropic substances | No prior notice | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
| Failure to report to work for the entire working day (shift) without a valid reason | No prior notice | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
| Refusal or failure to undergo a mandatory medical examination | No prior notice | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
| Revocation or invalidation of a foreign national’s residence status | 3 days in advance | Less than 1 year of service: 10 times the average daily salary; 1–5 years: 25 times; 5–10 years: 30 times; 10–15 years: 35 times; 15 years or more: 44 times |
An employment contract may not be terminated at the employer’s initiative in the following cases:
- during the employee’s period of temporary incapacity for work, except in cases of liquidation of the organization or long-term incapacity for work, where the employee has been absent from work due to temporary incapacity for more than 120 consecutive days or more than 140 days during the preceding twelve months;
- while the employee is on leave, except in the event of liquidation of the organization;
- in the case of pregnant women, from the date they submit a certificate confirming their pregnancy to the employer until one month after the end of maternity leave, except in the event of liquidation of the organization;
- during the entire period when a person actually caring for a child, who is not on leave, is caring for a child under one year of age, except in cases of liquidation of the organization, repeated failure by the employee, without a valid reason, to perform duties assigned under the employment contract or internal disciplinary rules, loss of confidence in the employee, the employee being present at the workplace under the influence of alcohol, narcotic drugs, or psychotropic substances, or the employee’s refusal or avoidance of a mandatory medical examination;
- during the period of prevention of or immediate elimination of the consequences of natural disasters, technological accidents, epidemics, accidents, fires, and other emergencies, if the employee has failed to report to work due to such circumstances, except in the event of liquidation of the organization;
- during an unplanned postponement or unplanned provision of leave periods prescribed for educational institutions, including preschool institutions, if the employee has failed to report to work in order to arrange care for a child under 12 years of age, except in the event of liquidation of the organization.