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Resignation “at own request”
General rule: an employee on an open-ended contract may terminate the employment agreement by notifying the employer in writing 2 weeks in advance (Article 38 of the Labour Code of Ukraine). This is the standard resignation “at own request without valid reasons.” If there are valid reasons (relocation, studies, health issues, caring for a relative, etc.), the employer must terminate on the date requested by the employee. Suppose the employer systematically violates labour laws (e.g., salary delays). In that case, the employee may resign on the date they specify and is entitled to severance pay of at least 3 months’ average salary (Article 44).
Important: until the 2-week period expires, the employee can withdraw the resignation (unless another worker has been officially invited to fill the position).
What changed under martial law
Law No. 2136-IX introduced special rules during martial law. The main one: if, due to hostilities at the employer’s location, there is a threat to life or health, the employee may resign on the date specified in their application (without the 2-week wait). Exceptions: forced involvement in socially necessary work or work at critical infrastructure facilities. Employees and employers may also agree to use electronic communication (emails, e-documents, messengers).
Common types of resignation letters
- At own request (Art. 38) — with 2-week notice or immediate resignation for valid reasons.
- By mutual agreement (Art. 36 §1) — termination date agreed by both sides.
- Due to transfer (Art. 36 §5) — based on an official invitation from a new employer.
- Fixed-term contract (Art. 39) — early termination allowed for specific reasons.
- In case of workplace mobbing — if confirmed by the court, the employee may resign immediately with severance pay (at least 3 months’ average salary).
How to write a proper resignation letter
Structure:
- Addressee and applicant details.
- Statement: “I request to resign…” with legal basis.
- Date of termination.
- Signature/date.
(Under martial law, electronic submission is possible if agreed.)
Sample wordings
- At own request (standard 2 weeks):
“I kindly request termination of my employment contract at my own will (Art. 38 Labour Code) effective ___ ______ 2025.” - At one’s own request with a valid reason (immediate):
“I kindly request termination of my employment contract (Art. 38 Labour Code) effective ___ ______ 2025 due to __________.” - Under martial law (Law No. 2136-IX):
“Due to hostilities and the threat to my life and health, I request immediate termination of my employment agreement effective ___ ______ 2025.” - By mutual agreement:
“I kindly request termination of my employment contract by mutual agreement (Art. 36 §1) effective ___ ______ 2025.”
FAQs
- Do I have to work 2 more weeks? No, it’s a notice period, not mandatory work. It can be shortened in cases of valid reasons, employer violations, or under martial law.
- Can I withdraw my resignation? Yes, before the notice period ends, unless another worker has been formally hired for your position.
- Can it be submitted electronically? Yes, if agreed with the employer.
- What must the employer do on the last day? Issue an order, provide a copy, and settle payments (salary, unused vacation compensation, and severance pay if applicable).
Steps for employees
- Choose the legal basis for resignation.
- Draft the letter (basis, date, signature/e-signature).
- Submit to the employer (in person or electronically).
- Hand over duties and company property.
- Verify all final payments.
Conclusion: A properly drafted resignation letter, along with respect for notice rules, ensures a smooth and conflict-free termination. Under martial law, employees gain additional flexibility: resigning faster due to safety risks and using electronic channels for documentation.
Sources: zakon.rada.gov.ua, hbr.org, smartfin.ua, kodeksy.com.ua, Factor, kadroland
