Resignation (Voluntary Termination)
Definition
Resignation is when an employee voluntarily decides to end their employment relationship with their employer. It is initiated by the employee and typically requires the employee to give prior notice.
Types of Resignation
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Voluntary Resignation: Employee chooses to leave for personal reasons, better opportunities, relocation, etc.
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Immediate Resignation: Employee leaves without giving prior notice, usually allowed only under exceptional circumstances.
Procedure
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Notice: The employee submits a written resignation letter or notice to the employer. The standard notice period is often 2 weeks or as stipulated in the employment contract or labor law.
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Acknowledgement: Employer acknowledges receipt of the resignation notice.
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Work During Notice Period: The employee generally continues working during the notice period unless the employer waives this right.
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Final Settlement: Employer pays the employee all due wages, unused vacation pay, and other entitlements.
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Exit Formalities: Return of company property, signing necessary documents, and issuing of a work certificate or reference letter.
Employee Rights
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Right to resign at any time giving proper notice.
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Right to receive all due salary and benefits up to the last working day.
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Right to severance pay if stipulated by law or contract (in some jurisdictions).
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Right to a certificate of employment.
Employer Rights
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Right to request the employee to work during the notice period.
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Right to accept or waive the notice period.
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Right to withhold final payment only as legally justified (e.g., damages caused by employee).
Termination (Involuntary Termination)
Definition
Termination is the ending of the employment contract by the employer. It is usually involuntary for the employee and can occur for various reasons.
Common Grounds for Termination
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Redundancy: Position is eliminated due to restructuring or economic reasons.
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Misconduct: Violation of company policies, negligence, dishonesty, etc.
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Poor Performance: Failure to meet job requirements after warnings.
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Contract Expiry: End of fixed-term contract without renewal.
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Mutual Agreement: Both parties agree to terminate the contract.
Procedure
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Notice: Employer provides written notice of termination within the time period required by law or contract (often 1–3 months depending on the reason).
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Investigation: For disciplinary reasons, a proper investigation and hearing should precede termination.
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Severance Pay: Payment of severance if required by law or contract.
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Final Settlement: Payment of all wages, benefits, and unused leave.
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Documentation: Issuing a termination letter and work certificate.
Employee Rights
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Right to receive proper written notice or pay in lieu of notice.
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Right to severance pay if applicable.
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Right to appeal or challenge wrongful termination through labor dispute resolution mechanisms.
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Right to final wage payment and benefits.
Employer Rights
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Right to terminate employees based on lawful grounds.
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Right to enforce notice periods.
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Right to recover damages from employees if caused by misconduct.
Legal Considerations (Uzbekistan Context)
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The Labor Code of Uzbekistan regulates employment contracts, resignation, and termination procedures.
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Notice periods and severance pay are specified in the Labor Code and may vary by contract type and employee category.
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Employers must follow fair procedures and cannot terminate employees arbitrarily.
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Employees have the right to file complaints with labor inspection authorities or courts if termination is unlawful.
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Special protections exist for certain categories, such as pregnant women, employees on sick leave, and trade union members.