ОКРЕМІ ПРОБЛЕМИ РОЗУМІННЯ ЗАГАЛЬНОСОЦІАЛЬНОЇ ТА СПЕЦІАЛЬНО ЮРИДИЧНОЇ ОБУМОВЛЕНОСТІ ВИЗНАЧЕННЯ ПІДСТАВИ РОЗІРВАННЯ ТРУДОВОГО ДОГОВОРУ ЗА П.3 СТ.41 КЗПП УКРАЇНИ

Abstract

The purpose of the scientific article is the study of certain problems of understanding the general social and special legal conditionality of determining the grounds for termination of an employment contract under Clause 3 of Article 41 of the Labor Code of Ukraine. The author notes that in the basis of the termination of an employment contract stipulated by Clause 3 of Article 41 of the current Labor Code of Ukraine – the commission by an employee who carries out educational functions, an immoral misconduct, incompatible with the continuation of this work, is perhaps the closest thing than in any case, we are confronted with the interweaving of varieties of social norms: norms of morality and norms of law. Such interweaving is due to general social factors that define education as a complex and multifaceted process of formation of the human person, reflected in special legal factors – requirements to the employee who carries out education as a work, stipulated by an employment contract. It is concluded that such a specificity determines the peculiarities of the legal regulation of labor of employees who perform educational functions. Key words: employee, labor function, educational function, immoral misconduct, estimation concepts in labor law.