- September 6, 2024
- Posted by: АРОУ
- Category: Publications
In every company, there are employees who, due to their age, status, or past achievements, consider themselves untouchable. They often perform only the minimum required duties to keep their job. These are usually older employees who disrupt the work rhythm and hinder company development. The question of how to properly dismiss such an employee in Ukraine without violating labor laws is relevant for many employers.
How to dismiss a problematic employee?
The simplest way is to impose disciplinary action in the form of dismissal. But what if there is no clear reason, or the employee resists?
- Form a disciplinary committee.
Create a committee of your company’s employees. During its meeting, you should review the facts of the employee’s misconduct. After the meeting, prepare a protocol, which the employee must sign. If they refuse, this refusal should be documented in the presence of three witnesses. This will serve as evidence in case of legal proceedings. - Provide the work record and settlement.
If the employee refuses to collect their work record and final settlement, you can send them by registered mail or transfer the funds to their bank account. This minimizes the risk of claims against the employer. - Sick leave issues.
Some employees may use sick leave as protection from dismissal, as Ukrainian labor law prohibits dismissal during temporary incapacity. In this case:- File a counterclaim to invalidate the sick leave.
- Change the dismissal date to the first day after the employee returns from sick leave.
- If necessary, adjust the reason for dismissal.
How can we help?
The legal firm “Advocacy and Real Estate Association of Ukraine” has extensive experience in labor disputes and is ready to assist you with employee dismissal. We offer:
- Legal support during litigation.
- Protection of your interests in case of breach of the employment contract.
- Consultations on risk and cost assessments.
Timely contact with our legal experts ensures the protection of your rights and optimal problem resolution. Our specialists work individually with each client, ensuring maximum comfort and success.
