Exercise of the employee's right to protection in connection with dismissal of the owner's initiative

Abstract

The author conducted a study of the procedural aspects of dismissal of an employee at the owner's initiative and issues related to the exercise of the right to protection of employees from illegal or unjustified dismissal. The main characteristics of the release procedure of employees at the owner's initiative and problems that may arise due to non-compliance with the rules of such a procedure are identified.
 The content of the right to protection of an employee in case of illegal or unjustified dismissal as one of the fundamental guarantees in labor law and legislation has been clarified. The characteristics of some aspects of consideration of labor disputes by courts are given, and different procedural features of realization of the right to protection of the worker at dismissal are defined.
 Conclusions are made on the importance of compliance by the employer or owner with the procedure of dismissal of the employee on their own initiative and the grounds specified in the law, and prevention of violation of employee rights, taking into account the guarantees of the Constitution of Ukraine and the Labor Code. And opportunities to reinstate those dismissed for work with compensation for non-pecuniary damage and forced absenteeism, respectively.
 In his study, the author draws attention to the fact that judicial protection of employee rights is one of the most common ways. Therefore, when considering labor disputes by the court, it is essential to thoroughly clarify and carefully assess the circumstances under which such a decision was made and assess the scope of the offender's job responsibilities if the grounds for their violation are indicated. Only on condition of a comprehensive and objective assessment of the evidence in the case, the court has the right to decide on the reinstatement of such an employee and to pay the employee the average salary during the forced absence or the difference in earnings during the lower-paid work.