GUARANTEES FOR THE PROTECTION OF EMPLOYEES IN THE EVENT OF TERMINATION OF EMPLOYMENT

Abstract

The article is devoted to improving the protection of labor rights and freedoms of employees upon termination of employment with the aim of preventing their illegal dismissal. The termination of the employment relationship is always a consequence of the termination of the employment contract on the basis of which this relationship arose. The legality of termination of an employment contract depends on the existence of a legal basis, the employer’s compliance with the procedure for the dismissal of an employee provided for by law for this reason, as well as on the employer’s implementation of the guarantees provided by law for the protection of employees against illegal dismissal. The scope of guarantees for the protection of employees against illegal dismissal depends on the grounds for termination of the employment contract. The legislation pays special attention to the protection of the rights of employees in case of dismissal at the initiative of the employer. One of the main guarantees of the rights of employees in case of dismissal at the initiative of the employer is the prohibition of dismissal of the employee during his temporary incapacity for work or while on vacation. Analyzing such a reason for termination of the employment contract as the expiration of the term (clause 2, part 1, article 36 of the Labor Code of Ukraine), it is emphasized that the dismissal of an employee is possible on the condition that at least one of his parties takes the initiative and regardless of the desire of the other. Therefore, if the termination of the employment relationship is required by the employer, the guarantees provided for dismissal at the initiative of the employer should be applied, in particular, the prohibition of the dismissal of the employee during the period of his temporary incapacity for work and being on vacation, and provided that it is not possible to transfer the employee, with his consent, to another work. The prohibition of dismissal of an employee during the period of his temporary incapacity for work and stay on vacation should also be applied in the event of termination of the employment contract in connection with the employee’s refusal to transfer to work in another area together with the enterprise, institution, organization, as well as refusal to continue working in connection in connection with a change in essential working conditions (Clause 6, Part 1, Article 36 of the Labor Code of Ukraine) as well as on the grounds provided for by an employment contract with nonfixed working hours and a contract (Clause 8, Part 1, Article 36 of the Labor Code of Ukraine).