Open AccessPeculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority
Author(s) -
Олена Іванівна Кисельова,
Y.V. Nomirovskaya
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2020.i22.p58
Subject(s) - dismissal , employment contract , sanctions , business , privity of contract , breach of contract , law , discipline , exclusion clause , labour law , work (physics) , political science , contract management , damages , engineering , mechanical engineering , marketing
The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law.The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met.It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.).It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.