THE RELATIONSHIP BETWEEN THE CONCEPTS OF "TERMINATION OF EMPLOYMENT", "DISSOLUTION OF EMPLOYMENT " AND "DISMISSAL"
Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22
Abstract
Problem setting. Each employment contract generally is for an indefinite period, sooner or later, may be terminated by the employee, employer, third party or due to certain life circumstances. The labour legislation of Ukraine sets an exhaustive list of possible grounds for termination of the employment contract. Article’s main body. Exploring the grounds and procedure for termination of the employment contract impossible to ignore the conceptual apparatus to indicate suspension of labor relations uses different contents of the concept: “termination of employment” (“termination of labor relations”), "dissolution of labor contract", "dismissal" of the employee. Termination is a process that runs for a certain period of time and consists of the actions undertaken by the employee and employer, resulting in termination of employment and other related relations between employers and employees, execution and termination of their mutual obligations. Termination of employment contract is a legal fact causing the termination of the employment relationship, in which his side discontinues to be an employee and an employer in relation to each other, are released from their mutual rights and obligations. The legislator uses the term "dismissal" in three senses, namely: 1) as a disciplinary sanction; 2) consequence of termination of the employment contract; 3) the procedure of registration of termination of labor relations. Conclusions and prospects for the development. Thus, the termination of labor relations employee / employer in all cases provided by the labor legislation, should be understood as a termination of the employment contract. The concept of "termination of employment" in its content, is wider concept than the concept of "termination of employment". Since, the term "termination of employment" implies a termination of labor relations unilateral expression of will (or of the employee or of the employer or the persons who are not party to the employment contract). "Dismissal" means interrelated urgent action of the employer regarding the legal registration of the termination of the employment relationship with the employee.
Authors and Affiliations
O. O. Konopeltseva
Keywords
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