Termination of the employment contract for violation of labor discipline on the grounds provided for by special laws

Abstract

The article states that terminating an employment contract is one of the most effective means of ensuring labor discipline. Disciplinary responsibility can be general or special. Special (official) disciplinary responsibility is provided only for specifically defined categories of employees and is established in statutes, provisions on disciplinary responsibility and special regulatory acts. It is characterized by the presence of a special subject of a disciplinary offense, a special nature of a disciplinary offense, special types of disciplinary penalties, a special procedure for imposing and challenging a disciplinary penalty. That is why the regulation of the responsibility of such employees, and the termination of the employment contract for violation of labor discipline with them, is special. These factors, enshrined in special laws, determine the specificity of the grounds for termination of the employment contract for violation of labor discipline and various procedural forms, and determine the differentiation of disciplinary responsibility. The article analyzes the grounds for terminating an employment contract for violation of labor discipline by civil servants, provided for by the Law of Ukraine "On Civil Service". Official discipline is explained as strict observance of the Oath of a civil servant, conscientious performance of official duties and rules of internal official procedure. Also, for violation of these fundamental principles, the civil servant is subject to disciplinary responsibility, including dismissal. The article examines the procedure for terminating an employment contract for violation of labor discipline with a civil servant, indicates the stages and stages of the procedure for terminating an employment contract. The next category of employees whose employment contracts are terminated for violation of labor discipline on grounds provided for by special laws are prosecutors. Modern legal regulation of the termination of an employment contract for violation of labor discipline with prosecutors is characterized by the implementation of a modern European model, according to which disciplinary proceedings against prosecutors are not carried out by managers alone, but by independent specialized bodies in compliance with a special legally established procedure. This approach makes it possible to comprehensively and impartially consider claims that the prosecutor has committed a disciplinary offense, and to terminate the employment contract with the prosecutor only in the event that the essence of the offense corresponds to the most severe form of disciplinary sanction.