Prohonyuk L. The aspects of the termination of the Labor Agreement pursuant to Paragraph 3 of Art. 40 of the Code of Labor Laws of Ukraine.

The aspects of the termination of the Labor Agreement pursuant to Paragraph 3 of Art. 40 of the Labor Code of Ukraine have been investigated. It is determined that the termination of the Labor Agreement on the specified grounds requires to consider the combined presence of these conditions: 1) failure to perform or improper performance of employment duties, as determined by Labor Agreement or by internal regulations, and 2) unexcused failure to perform or improper performance of employment duties, which testifies about illegal culpable conduct of the employee in the labor process, and 3) the systematic culpable violation of the employment duties by the employee, which is evidenced by the use of disciplinary or public sanctions, of course, subject to their application. In addition to those conditions the procedure of dismissal should be observed in order the termination considered legitimate. The legal guarantees and protection mechanism for workers' rights, whose dismissal is possible pursuant to Paragraph 3 of Art. 40 of the Labor Code of Ukraine, have been analysed. Based on this study proposals to improve the current legislation and practice of its application have been formulated; the model law rules which may regulate the termination of the Labor Agreement for the unexcused systematic non-performance of employment duties by an employee in the further Labor Code of Ukraine have been formulated.