Abstract
The presented scientific article arises from the research of theoretical and practical problems of the legal regulation associated with the grounds and the procedure for termination of an employment contract at the initiative of the employer under a free market economy. The article substantiates a number of concepts, along with ideas and conclusions which are conceptual in theoretical terms and important for the legal practice. In particular, for the first time the classification of stages of development of the labor legislation regulating the procedure for termination of an employment contract at the initiative of the employer is given, characteristics of each of these stages are analyzed and defined. In addition, the article summarizes the expediency of bringing the norms of the national legislation on the dismissal of employees at the initiative of the employer in accordance with the conventions and recommendations of the International Labor organization, and substantiates the need to fix the amount of severance allowance depending on the grounds for dismissal of the employee and the length of current employment. There have been formulated proposals to specify the grounds for termination of an employment contract with an employee performing educational functions. Moreover, it is suggested to introduce in the labor legislation standalone grounds for termination of an employment contract at the initiative of the employer, namely: dismissal of the employee on completion of qualification testing; violation of labor protection rules by the employee, which resulted in serious consequences, including injuries and accidents; dismissal of the employee due to changes to essential labor conditions; deliberate violation by the employee of the obligation not to disclose the state, commercial and other secrets or information protected by law; provision of false information by the employee to the employer when concluding the employment contract; termination of business by the employer as an individual.
Highlights
In the process of building a rule-of-law state, the issue of reliable protection of citizens’ labor rights is thrown into sharp relief
The rules on the termination of employment contracts at the initiative of the employer should characterize the high level of labor rights of citizens and be a reliable guarantor against illegal dismissals
It is impossible to find the mechanism of protection of employees from illegal dismissals which would be adequate to modern requirements to build a rule-of-law state; or to improve the current mechanism of protection of employees from illegal dismissals without research of its historical origins and analysis of experience on the given problem
Summary
In the process of building a rule-of-law state, the issue of reliable protection of citizens’ labor rights is thrown into sharp relief. State guarantees of protection of citizens from illegal dismissal are enshrined in the Constitution of the Republic of Kazakhstan [1]. In order to properly ensure these guarantees, it is necessary to thoroughly update the labor legislation and bring its statutes in line with market relations and international standards. Transition to a market economy, the formation of various forms of ownership, the emergence on their basis of numerous organizational and legal forms of legal entities leads to the introduction of new approaches to the problem of the termination of labor relations at the initiative of the employer and are central to the science of employment and the labor law.
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