DISMISSAL PECULARITIES OF PREGNANT WOMEN AND WOMEN HAVING CHILDREN UNDER PARAGRAPH 1 OF ARTICLE 40 OF THE LABOR CODE OF UKRAINE DUE TO WINDING UP
Journal Title: Правова держава - Year 2016, Vol 23, Issue
Abstract
Given article analyses peculiarities of dismissal of pregnant women and women with children according paragraph 1 of Article 40 of the Labor Code of Ukraine in result of winding up. It analyses international guarantees of the right to work is stipulated with international law. It outlines major troubles arising from termination of employment contract by employer on the basis of paragraph 1 of Article 40 of the Labor Code of Ukraine due to winding up. We analysed opinion of the Supreme Court of Ukraine towars application of labor law in labor disputes relating to dismissal under paragraph 1 of Article 40 of the Labor Code of Ukraine. The article analyses provisions of draft Labour Code of Ukraine in terms of guarantees for the dismissal of pregnant women and women having children. It is concluded that winding up does not entitle employer to dismiss on their own initiative the above-mentioned women, and in the case of winding up, pregnant women and women caring for a child under the age of three years may be dismissed only on condition of compulsory employment with another company. Some proposals on improvement of certain provisions of the draft Labour Code of Ukraine are being made thereof.
Authors and Affiliations
Ye. V. Krasnov
Keywords
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- EP ID EP390182
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