Isaev Y. Special grounds of the employment agreement termination with the initiative of the employer.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U001384

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

28-01-2013

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The position as to the legislative strengthening of the employer possibility to terminate the employment agreement in the case of the single gross violation of the labor obligations by the legal person head (the separate subdivision), by his deputies, by the chief accountant of the legal person, by his deputies, by the customs officials, by the officials of the State Tax Inspections, by the officials of State financial inspection of Ukraine, by the workers having the special discipline responsibility in accordance with the statutes and regulations on discipline has been defended. Argumentation that the employment agreement with the head of the enterprise has to be terminated in all cases of the terms and amount of wages violation and not only in the case of the late payment of wages or in amount lower than minimum of wages has been given grounds. The conditions of the employment agreement termination with the employee in the case of the stay in direct subordination to a close person being as follows: a) his belonging to individuals authorized to perform the functions of state or local government or to the officials of the legal persons of the public law receiving wages from the state or local budget; b) presence of the close ties with the manager; c) direct subordination to the close person; d) impossibility to transfer with his consent to another job; e) compliance with the due course of law has been proved.

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