შრომითი ხელშეკრულების შეწყვეტა ვალდებულების უხეში დარღვევისა და სხვა ობიექტური გარემოებების საფუძველზე

Abstract

The presented article deals with important topical issues that are of interest to people working in all fields, regardless of their gender or professional achievements. Termination of an employment contract is equally interested in and needed by all categories of people throughout their lives. The origin of the employment relationship, termination of the employment contract on the grounds of gross violation of obligation , termination of employment contract in the presence of other objective circumstances, these are the topics discussed in the article. The fundamental changes in the Labor Code of Georgia on the one hand raised great expectations that this field would be more or less held and the Labor Code would allow both the employee and the employer to protect their rights as much as possible in future. Nevertheless, the changes still left ambiguous and unclear entries in the Code. Therefore, the role of the court practice in explaining the articles of the Labor Code is still relevant. Judicial practice can even be called the "Second Labor Code" due to its important definitions. It is noteworthy that the practise of the court is somewhat established in relation to these issues, the court explicitly states that the employer must take into account the principle of ultima ratio when terminating an employment contract with an employee. In fact, the employer may be imposing the burden of proof more than that is justified. It is interesting to note that termination of an employment contract in turn is an expression of the unilateral will that is necessary to reach out to the other party. It is especially important, in the presence of other objective circumstances, in the event of termination of the employment contract, that the will unilaterally expressed by the employer reach the employee properly. Therefore, the paper will discuss the problematic grounds for termination of the employment contract, such as the peculiarities of termination of the employment contract due to "gross violation of obligation" and "in the presence of other objective circumstances". The aim of the paper is to discuss the peculiarities of the rule of termination of the employment contract in the presence of gross violation of obligation between the employee and the employer and also in the presence if the other objective circumstances. Also, the aim of the paper is to highlight the problems in the legislation and practice related to the termination of the employment contract on these grounds.