Varenyk O. Legal regulation of the termination of an employment contract under legislation of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001396

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

28-03-2018

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

According to the research results, the definition, grounds and procedure for termination of an employment contract according to legislation of Ukraine are defined. In determining the grounds for termination of an employment contract, the issue of the correlation of the concepts of «termination of an employment contract», «dissolution of contract» and «dismissal of an employee» are examined. It is proved that the termination of an employment contract is a generic concept and includes all cases of termination of labor relations, regardless of the conditions and grounds for termination. A thorough analysis of the theoretical foundations has been carried out and the features of procedural norms and legal relations in the sphere of termination of an employment contract have been determined. It is noted that procedural norms of labor law are relatively an independent element of the mechanism of legal regulation of labor and closely related to it relations. The application procedure of civil law in the regulation of the termination of labor relations is analyzed, the peculiarities of such application are revealed. Consideration of the subsidiary application of civil norms to labor relations, as well as the use of the analogy of the law in overcoming the gaps in labor law in the process of termination of an employment contract, must be carried out through the analysis of general and special norms of labor and civil law, which may relate to the termination of labor legal relationships.

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