Termination of Validity and Termination of Performance of an Employment Contract

Abstract

The paper is devoted the problem of the procedure of termination of an employment contract, explains significant differences between the reason and procedure of termination of the employment contract in unilateral and consensual ways. It is suggested that these procedures should be separated terminologically in order to avoid confusion. The actual termination of the employment contract must be differentiated from the unilateral suspension of the contract’s performance. Considerable attention is paid to the study of the content of the term “termination of the employment contract,” identification of significant characteristics of the procedure and disputable issues in the formulation of a legislative norm. On the basis of key characteristics, the author explains meanings of the concept of termination of the employment contract, which the law-maker invests in the current legal norms of employment laws, the author puts forward a proposal on improvement of domestic employment legislation in order to apply this procedure to a number of cases in which today an employment contract is subject to termination due to circumstances beyond the control of the parties.