Honchar R. Legal regulation of termination of the employment contract for violation of labor discipline

The dissertation is devoted to a comprehensive and thorough analysis of the regulation of termination of the employment contract for violation of labor discipline. The work clarifies the essence, meaning and signs of termination of the employment contract for violation of labor discipline. The author’s approach to understanding the concept of the grounds for termination of an employment contract is presented - these are legal facts, life circumstances that arise at the will of at least one of the parties to the employment contract, namely the employee or the employer, are legally established and lead to the termination of the employment relationship, and also provide availability of certain guarantees upon termination of these relations. The signs of the grounds for terminating the employment contract are highlighted and the following are attributed: 1) they constitute legal facts; 2) they are fixed at the legislative level, namely, termination is an initiative or manifestation of the employee’s will to terminate the employment contract; 3) there is an initiative of one of the parties, which should be considered as the main reason for terminating the employment contract, where termination of the employment contract is possible only at the will of one of the parties; 4) there are guarantees from the parties to the employment contract, for the employer, the guarantee of such grounds for terminating the employment contract will be a proper and timely warning about the termination of the employment contract, for the employee, the guarantee is: 1) even after the will to terminate the employment contract, the employee can return to the place work and continue to carry out the labor activity specified in the labor contract; 2) preventing the dismissal of an employee at the initiative of the owner or a body authorized by him during his temporary incapacity (except dismissal for not appearing at work for more than four months in a row due to temporary incapacity). incapacity), as well as during the employee’s vacation. The main stages of the historical process of establishing the employer’s right to terminate the employment contract for violation of labor discipline are highlighted. The concept of disciplinary sanction is highlighted and characterized as the most severe measure of disciplinary influence of the owner or authorized body (or the state), which leads to the termination of labor relations with the employee, taking into account the circumstances of the case and the characteristics of the person on whom the sanction is imposed. General and additional grounds for termination of the employment contract due to violation of labor discipline are highlighted.