In the thesis, the ways of solving the problems of labor legal relationship legal regulation in Ukraine are identified, systematized and suggested. The state of the raised topic scientific development is determined and the expediency of further scientific research in this direction is substantiated in connection with the necessity to improve the relevant legal provisions and reduce the level of labor rights violation of the parties to labor relations at this stage. The theoretical and methodological foundations for the study and solution of the problems of legal regulating the labor legal relations termination in Ukraine have been developed. It has been established that all investigated problems can be divided into theoretical and legal ones, of regulatory and legal nature, and problems of law enforcement. Among the theoretical and legal problems, the critical ones are the conceptual uncertainty of the labor law science further development and, accordingly, its individual institutions, such as the termination of labor relations; the lack of an agreed theoretical systematization of the grounds for terminating the investigated relations; theoretical substantiation of the possibilities of the parties in the termination of labor relations between them, as well as the possibilities of third parties regarding the demand for the termination of such relations. Among the normative legal problems, the most attention is drawn to the imperfection of regulating the procedure for the termination of labor legal relationship, which results in violations of the labor rights of the parties to labor legal relations and labor disputes. The problems of law enforcement include, first, the lack of the judicial practice generalization related to resolving labor disputes regarding the labor legal relationship termination, as well as the unequal decisions of the courts of similar court cases.
The work proposes an improves classification of the grounds for termination of labor legal relationship and reveals a number of inaccuracies in the classification proposed by the draft Labor Code. The research of problems in this area was carried out by analyzing the grounds for the termination of these legal relationships according to a strong-willed criterion: by agreement of the parties, at the initiative of an employee or employer, at the initiative of third parties. The current labor legislation and a number of the draft Labor Code editions, as well as the draft Law of Ukraine “On Labor” have been analyzed.
Based on the analysis and generalization of judicial practice, it has been established that a modern court departs from dry compliance with the substantive norms of the law (which often does not correspond to reality), but is guided by the rule of law principle, however, there are a number of problems, including the impossibility of an attestation commission conclusion to be the only proof of the lack of the employee’s qualifications when resolving labor disputes in court, and it is also necessary to resolve the issue of the scope of the legal personality of the person who inspects the employee and confirms his druggy or other states. The lack of legal opportunities for third parties to take part in solving labor disputes on issues on which they are entitled to demand the labor legal relationship termination, as well as their formal participation and the practical impossibility of generally influencing the court decision, was stated.
The experience of Great Britain, Italy, Germany, Slovakia, France, Czech Republic was implemented to formulate proposals for improving the provisions of the current and draft legislation.
