ACTUAL ISSUES OF PRACTICE FOR TERMINATION OF LABOR CONTRACT ON THE GROUNDS OF FINAL TERMINATION
Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23
Abstract
Problem setting. The development of the economic and economic sphere of life in Ukraine leads to the emergence of new unresolved issues related to the employment contract. One of the controversial issues of the present is the termination of the specified transaction on the basis of the expiration of the term, which is extremely important, both for the owner of the enterprise, organization or institution, and for the employee. The theoretical development and analysis of problems related to the peculiarities of termination of an employment contract on the basis of the expiration of the term is of great practical importance. The solution of these problems will improve the legal norms, regulating issues related to the employment contract, will promote the improvement of the activities of bodies and organizations that use labor rights. Article’s main body. Consider the actual issues of the practice of termination of an employment contract on the basis of the expiration of the term. Conclusions and prospects for the development. The following important conclusions are made that are relevant to law enforcement practice. 1. A fixed-term contract may be entered into between the parties both in the case of hiring an employee and in the course of performing labor duties, if there are grounds for its conclusion (repositioning). 2. A fixed-term contract may be concluded for any term, determined by agreement of the parties. 3. Termination of an employment contract after the expiration of the term does not require a statement or other expression of the employee. He discovered his will to conclude a fixed-term employment contract when he applied for a fixed-term employment contract. At the same time, he expressed the will to terminate such a contract after the expiration of the term for which he was concluded. 4. The owner is not obliged to warn or otherwise inform the employee of a future release under Clause 2 of Art. 36 Labor Code of Ukraine. 5. The action of Part 4 of Art. 40 of the Labor Code of Ukraine, which prohibits the dismissal of an employee during the period of temporary disability, does not apply to such grounds for termination of the employment contract as the expiration of the term of the term, as this is not a termination of an employment contract on the initiative of the employer.
Authors and Affiliations
O. M. Yaroshenko
Keywords
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