Foreign Experience of Legal Regulation of Employee’s Dismissals in the Case of a Single Outrage of Employment Duties

Abstract

Problem setting. Democratic transformation in Ukraine require restructuring and a substantial improvement in the efficiency and quality of legal regulation of relations in labor sphere. Successful execution of this goal is impossible without taking into account best international standards. At the present stage actualization of research in the field of comparative jurisprudence associated with the expansion of international scientific contacts and the need to determine the patterns of development of institutions and norms of national law. The aim of the article is the study of the legal regulation of dismissals in the case of a single gross violation of employment duties in foreign countries. Analysis of resent researches and publications. Scientific and theoretical basis of the study includes the works of such scientists as A. Akopova, N. Aleksandrov, V. Andreev, P. Bazhanov, K. Gusov, Y. Isaev, V. Kovrigin, V. Kravchenko, A. Obushenko, J. Orlowski, S. Prilipko, A. Procevskij, A. Stavtseva, A. Khokhryakova, S. Chernous, O. Yaroshenko, etc. Article’s main body. In the countries of the common law family (USA, UK, Ireland, Canada, New Zealand) head of the company is not treated as an employee. He is brought outside the scope of labour legislation and carries out its activity on the basis of the contract is a civil law nature. Conclusions and prospects for the development. Thus, there are two main approaches to the legal regulation of employment of the head of the organization: – in countries belonging to the common law family, the head is not regarded as an employee;– in the countries belonging to the continental legal family, the head has a specific status of the employee.