The dissertation research is devoted to theoretical and practical problems of
legal regulation of termination of labor relations in Ukraine. The dissertation
clarifies the concept, essence and signs of termination of employment. Peculiarities
of the current state of legal regulation of termination of employment in Ukraine are
determined. The list of positive and negative aspects of international and national
legislation is given
Termination of employment under any circumstances means the termination of
all rights and obligations of the parties to the employment relationship, the
conditions on which these relationships were built and always means the
impossibility of maintaining the existing relationship due to the absence of one or
all elements of such relations. Such termination can be in three directions - the
disappearance of the object of labor relations, the content of such legal relations or
the subjects of these relations.
Termination of employment is characterized by the following features:
- individuality, which means the termination of a specific employment
relationship between specific parties, which are the employee and the employer,
which depends either on the individual will of the parties to such a relationship, or
on the circumstances that break or terminate the relationship between specific
entities that does not affect other legal relations; that is, the termination of
employment relates to the disappearance of a legal relationship exclusively between
the persons between whom it arose;
- normative, which means that the termination of employment is possible only
on the grounds and in the manner prescribed by law; only legal norms, and not an
arbitrary agreement or other norms, may determine the legal facts that lead to the
termination of the legal relationship between the parties; termination of employment
on other grounds and without a specific procedure entails the recognition of their
termination illegal;
- informativeness, which means that the termination of employment carries
information about the state of legal relations, namely that they are at the stage of
completion; such information can be both purely informative and affect other types
of relationships (for example, social insurance relationships, pensions, tax
relationships, etc.);
- impossibility of succession and resumption of employment, which was
terminated on legal grounds;
- sufficiency of the disappearance of one of the elements of the employment
relationship (subject, object, content) to terminate the existence of others, and hence
the legal relationship as a whole, if the termination of the relationship is a
prerequisite for termination of the employment contract; labor relations can take
place only in the aggregate presence of all its elements and can not exist without any
of them, so the disposal of at least one element has the effect of terminating the entire
relationship;
- may be manifested as a prerequisite for termination of the employment
contract, and as a legal consequence of termination of the employment contract; if
the priority is the fact of termination of employment (for example, if death of the
employee, liquidation or termination of the employer), this is the reason for
termination of the employment contract; if the termination of employment was
preceded by the termination of the employment contract (due to its termination,
expiration), it is a consequence of the termination of the employment contract;
- conditioned by the previous emergence and existence of certain legal facts;
- termination is possible in respect of those relations that have begun to be
realized; in order for the relationship to take effect, the person must begin to perform
the work, before this has happened, the employment relationship does not actually
take effect, does not arise, and therefore cannot be terminated; therefore, the
category of “termination” may relate only to what has arisen;
- cancellation, which means that from the moment of termination of
employment all agreements between the parties are canceled, first those formally
defined in the employment contract, there is an actual termination of work by the
employee, termination of subordination to internal labor regulations;
- formal certainty, which means that the end of the relationship is always
formalized by issuing an appropriate act of individual action (on the release of the
person). That is, the termination of legal relations is always fixed in the legally
defined form;
