Duma O. Employment agreement cancellation on the initiative of the employer as a consequence of reinstatement of employment of the worker who previously performed this work.

The dissertation is devoted to the complex problem of theoretical and practical principles of employment agreement cancellation on the initiative of the employer as a consequence of reinstatement of employment of the previous worker who performed this work. The research determines the place of the dismissal of the employee as a consequence of reinstatement of employment of the worker who previously performed this work in the system of legal regulation of employment termination. The elements of the set of legal facts - reinstatement of employment of the unfairly dismissed or transferred worker, as one of the grounds for the mentioned procedure, are defined in the paper. The conclusion was substantiated that at the current stage of the development of Ukraine the extension of the list of guarantees for workers and realization of effective protection of their labour rights in the case of the dismissal on the grounds in question must become the priority tasks. The author's classification of guarantees for workers liable to dismissal following reinstatement of employment of the previous worker who performed this work is offered. They were classified according to: (a) the nature of ensuring of workers' labour rights realization - into property and non-property; (b) the degree of influence on the level of protection of workers' rights - into direct and indirect. The special attention is paid to the controversial legal situations, where the employer has to dismiss the employee under the paragraph 6 of the article 40 of the Labour Code of Ukraine while being burdened with the guarantees set for the certain categories of workers, and the solutions are proposed. A number of proposals were developed to improve the legislation relating to the employment agreement cancellation as a consequence of reinstatement of employment of the worker who previously performed this work.