| Abstract [eng] |
Disputes over Termination of the Employment Contract: Theory and Practice. Summary The judicial practice of settling disputes concerning termination of the employment contract matters is developing until now, and the application of labor laws in the labour legal relations practice often determines the problems; the abstruse, sometimes even contradictory, and under current regulations fraught legal situations occur. Firstly, peculiarities of the disputes concerning the employment contract are discussed in the master’s work, then the importance of labour disputes over termination of the employment contract, as the individual labour disputes, is explained and the features of hearing of such labour disputes in courts are laid out. The new position on the particularity of the current grounds of the termination of the employment contract is defined in both theoretical, and practical aspects; features of disputes concerning termination of the employment contract are examined in comprehensive way, focusing on the grounds of termination of the employment contract, which are the most topical and problematic under the evolving labor market and social policy trends, such as the termination of an employment contract a) by agreement between the parties; b) on the initiative of an employer without any fault on the part of an employee; c) through the employee’s fault; d) if an employer recognises that the results of a trial to assess the suitability of an employee for the assigned task are unsatisfactory; e) upon the liquidation of an employer, if under laws his labour obligations were not placed on another person; f) in the case of the bankruptcy of an employer. In analysing, how the existing law, governing the peculiarities of the disputes over termination of the employment contract on the grounds refered, is applied in practice, there are raised and discussed in details the existing theoretical and practical problems of the grounds for the termination of the employment contract, the guidelines for interpretation are also suggested, while construing the advantages and disadvantages of the decisions of the courts. While revealing the number of imprecision, obscurity, incompatibility and implementation problems of diverse norms of national labour law, the master’s work stresses, that only the proper interpretation and application of the norms that regulate the termination of the employment contract, as well as the strict observance of laws, setting out the dismissal procedures, and the dismissal only in compliance with the labour laws and on the legal basis, is essential in order to avoid litigation and to regularize correctly the significant interests of the subjects of labour relations, as well as to ensure both adequate protection of employee rights and employer interests. |
