Open AccessFEATURES OF RESOLVING INDIVIDUAL LABOR DISPUTES ON TERMINATION OF THE EMPLOYMENT CONTRACT AT THE EMPLOYER'S INITIATIVE
Author(s) -
Z.A. Alieva
Publication year - 2021
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2021-38-2-93-98
Subject(s) - dismissal , principle of legality , unfair dismissal , legislation , labor relations , labour law , business , labor contract , employment contract , work (physics) , industrial relations , law , labour economics , law and economics , political science , economics , mechanical engineering , engineering
The article is devoted to the analysis of topical problems of termination of an employment contract at the initiative of the employer, the effectiveness of legal mechanisms for protecting the rights of workers when reinstating at work. It is said that when considering individual labor disputes on termination of an employment contract at the initiative of the employer, there are a number of features, due to which certain problems and violations of labor legislation arise. The problematic issues of the institute of employee restoration at work are considered. The materials of judicial practice in cases of challenging the fact of dismissal of an employee at the initiative of the employer are analyzed. The conclusion is substantiated that a clear regulation of the rights of the employee and the employer, individual procedural actions and measures in the Labor Code of the Russian Federation when carrying out the dismissal procedure at the initiative of the employer, serves as the basis for the legality of court decisions.