The mechanism of "restriction - guarantee" in case of termination of an employment contract at the employer’s initiative: Russian and foreign experience

Abstract

The article analyzes the grounds for termination of an employment contract on the initiative of an employer in the countries of the Anglo-Saxon and Romano-Germanic legal families. The issue of maintaining the balance of interests of the employee and the employer through the mechanism of «restriction-guarantee» is investigated. Based on the information received, the author identifies models of legal regulation and makes reasonable conclusions. In addition, proposals are being made to improve Russian legislation based on the reception of the positive experience of foreign countries.