Abstract
The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.