Open AccessPECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION
Author(s) -
Nataliia Melnychuk
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.02.09
Subject(s) - trade union , obligation , legislation , consolidation (business) , labor relations , institution , business , appeal , labour law , industrial relations , employment contract , law , law and economics , economics , labour economics , political science , international trade , accounting , rework , computer science , embedded system
The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.