Found a New Job During Vacation: Can You Resign Without Waiting for its End

Being on annual leave does not deprive an employee of the right to resign at will. Ukrainian labour law allows for the submission of a resignation letter even during a vacation, and the widespread belief about a mandatory "two-week notice" is often mistaken. In such a situation, it is important to know when employment can be terminated, whether returning to work is necessary, how the final settlement is made, and in which cases the employer is obliged to dismiss the employee on the date specified in the resignation letter.

Can you resign during annual leave?

Many employees find themselves in the same situation: during annual leave, they receive a new job offer, change life plans, or decide not to return to their previous employer. In this case, a natural question arises: do you need to wait until the end of your vacation to resign?

The answer is clear—no. Ukrainian legislation does not prohibit an employee from terminating employment while on annual leave.

How to submit a resignation letter during vacation

You do not need to specially interrupt your vacation or be physically present at the workplace to submit a resignation letter.

An employee can submit a resignation letter:

• in person;
• by mail;
• through electronic document management, if used by the employer;
• by any other method that allows confirming the employer's receipt of the letter.

Is a two-week notice period mandatory?

One of the most common misunderstandings concerns the so-called "two-week notice period".

In fact, Article 38 of the Labour Code of Ukraine does not establish an obligation to work for two weeks, but rather requires an employee to provide their employer with written notice of resignation at least two weeks in advance.

If this two-week period falls during annual leave, it is still counted as part of the notice period.

For example, if an employee is on leave from 1 July to 21 July and submits a resignation letter on 5 July, the two-week period expires on 19 July. In this scenario, the employer can dismiss the employee on 19 July, even if the leave was scheduled to last until 21 July. There is no requirement to return to work simply to complete the remaining days.

When can you resign without a two-week waiting period?

The employment contract can be terminated earlier if an agreement is reached between the employee and the employer.

Additionally, Article 38 of the Labour Code outlines specific situations where the employer is obliged to dismiss the employee on the date specified in the resignation letter. This is permissible in cases of:

• relocation to a new place of residence;
• transfer of husband or wife to work in another location;
• enrollment in an educational institution;
• pregnancy;
• retirement;
• need to care for a child or a sick family member;
• other valid reasons defined by law.

Can an employer recall an employee from annual leave due to a resignation letter?

The mere submission of a resignation letter does not grant the employer the right to recall an employee from annual leave.

Recall from annual leave is permissible only in exceptional, legally defined circumstances, and typically requires the employee's consent.

When is the final settlement made upon dismissal?

On the day of dismissal, the employer is obliged to:

• Complete the final settlement with the employee.

• Pay all outstanding amounts.

• Properly formalise the termination of employment in accordance with legal requirements.

If there are unused days of annual leave at the time of dismissal, monetary compensation for these days must be paid if they were not taken before the termination of employment.

Can an employee take all their annual leave before resigning?

The Law of Ukraine "On Leaves" permits the granting of unused annual leave to an employee with subsequent dismissal, except in cases of dismissal for a breach of labour discipline.

In such instances, the last day of leave is considered the day of dismissal.

What employees should remember

Being on annual leave does not restrict an employee's right to resign voluntarily. There is no requirement to return to work solely to submit a resignation letter or to 'work out' the notice period. The two-week notice period can fully coincide with the annual leave period, and with lawful grounds or agreement with the employer, employment can be terminated earlier.

Therefore, if an employee decides to change jobs or terminate employment during annual leave, it is not necessary to wait for the leave to end. The main considerations are to properly submit the resignation letter and comply with labour law requirements.

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