Particularities of Implementation of the Rules on Dismissal at Employer's Initiative in the 1990s

Abstract

By means of historical legal, historical sociological, statistical analysis, the experience of implementation of the Russian legislation on dismissal of the worker in the period of the 1990s is investigated. The specificity of the period is due to the preservation of the Soviet Institute of termination of the employment contract with a radical change in the socio-economic and political context of social life. In the context of the unpredictable further development of the country, the legislator preferred a cautious model of reform of the law on dismissal. At the same time, the actual practice of applying the rules on dismissal has significantly changed. The most problematic area was the release of an employee in connection with the liquidation of the organization and staff reduction. In court practice on cases of termination of the employment contract at the employer's initiative the dominant approach of the Soviet law enforcement remained; the employee was restored to work even with minor formal deviations from the procedure of termination of the contract. The importance of measures of social impact as a condition taken into account when dismissing the employee for systematic failure to perform work duties decreased. There was a self-removal of the State from the field of implementation of educational function of the labor law, in particular in the field of dismissal for appearance at work in state of intoxication. The spread of the employment contract in 1990s had a well-known negative impact on the practice of termination of the employment contract at the employer's initiative. The employment contract was understood as an agreement between an employee and an employer, which in its essence was a civil contract. From the point of view of issues of the employee release, the employment contract faced an interesting practice of inclusion of contractual bases of dismissal that were not provided by the law. Some of the gaps were filled by the practice of the Supreme Court of the Russian Federation, in particular concerning the date of dismissal of the employee in connection with the liquidation of the organization. In general, the period is characterized by a transitional nature. The determining factor in the development of the institute was the economic dominance of the employer. Frequent violations of the rights of an employee in the field of dismissal were not suppressed by the State or Union bodies and were the main content of public life. At the same time, provisions of the Labor Code of the Russian Federation of 1992 on termination of the employment contract at the employer's initiative underwent practical approbation. Their application made it possible to analyze social and economic needs, to develop the concept of further development. The paper develops the author's thesis "Dismissal at the employer's initiative".