On 04 November 2015 the High Specialised Court of Ukraine for Civil and Criminal Cases clarified Article 38 of the Labour Code of Ukraine, in which the right to terminate the labour agreement concluded for indefinite term is granted to the employee. According to the clarification, the employee is required to notify the employer in a fortnight before the termination date, but there is no requirement that such employee should work the remaining two weeks following the notification. Thus, following receipt of the notification, the employer may terminate employment immediately, even if the notification does not contain the specific date of termination.
In addition, the provisions of the Labour Code prohibit dismissal of the pregnant women on the basis of the employer’s initiative, but such provisions are not applicable in the event of dismissal on the basis of the pregnant employee’s initiative.
Also, the High Specialised Court of Ukraine for Civil and Criminal Cases stated that the employee, in the event of court proceedings in relation to unlawful dismissal, shall provide evidence of the circumstances that support his/her claim, in particular, whether the employee has notified the employer in two weeks prior to termination of employment, and whether the employer has received such notification.