Resolution of disputes on termination of the employment contract by agreement of the parties

Abstract

The article is devoted to the outline of those issues that reveal the peculiarities of termination of employment by agreement of the parties. The authors draw attention to certain problems in determining the procedure for termination of the employment contract on this basis. In addition, the authors focus on the study of the characteristics of the application of the ground “by agreement of the parties.” The analysis of scientific researches of outstanding modern experts of science of labor law is carried out, their most important remarks and considerations are resulted. The latest legal opinions of the Supreme Court of Ukraine on dismissal on this ground are considered and analyzed.
 Today, considerable attention should be paid to the rules for the protection of employees’ interests in the termination of employment, as Ukrainian lawyers point out that the labor law has significantly reduced the rules aimed at protecting the interests of employees.
 The current legislation of Ukraine does not contain a legally defined relevant procedure and terms of termination of the employment contract by agreement of the parties. Lack of documentation of the agreement of the parties may have adverse consequences for the parties to the employment contract, as well as complicate the consideration and resolution of individual labor disputes. It is these circumstances that require the definition in the labor legislation of Ukraine of the procedure for reaching and drawing up an agreement between the parties to terminate the employment contract.
 The real possibility of protecting the rights of employees upon termination of an employment contract on this basis depends on the effectiveness of the mechanism of judicial and state control over the employer’s compliance with the procedure for dismissal by agreement of the parties.
 Judicial practice at the Supreme Court level provides answers to questions that are not clearly regulated by law, allowing employers and employees to make informed and lawful decisions in this area. It should be noted that today the normative regulation of the provisions on the procedure for terminating an employment contract by agreement of the parties and bringing them into line with law enforcement practice needs to be improved.