Some Issues of Termination of Employment Contract

Abstract

Problem setting. The basis of legal regulation of labor are individual-contractual and collective-contractual methods, which are most consistent with the essence of modern labor relations. In modern conditions, the individual-contractual method of labor regulation, which is implemented through the conclusion of employment contracts, is extremely relevant. The introduction of the contract form in labor relations is due to the desire of employers to attract the most qualified and creative employees. This form of employment contract makes it possible to more rationally regulate the quantitative and qualitative composition of staff, improve the employment structure, if necessary, to attract additional skilled workers, increase the level of responsibility and creative attitude of employees to the work performed.

Analysis of recent sources and publications. Many scientists were interested in the problems of legal regulation of labor relations on the basis of the contract, namely: M. G. Alexandrov, M.J. Baru, L.P. Garashchenko, Ya.I. Bezugla, V.S. Venediktov, G. S. Goncharova, V.V. Zhernakov, P.I. Zhigalkin, I.V. Zub, M.I. Inshin, R.I. Kondratiev, V.P. Pastukhov, V.I. Prokopenko, O.I. Protsevsky, P.D. Pilipenko, S.M. Prilipko, V.G. Rotan, G.I. Chanisheva, N.M. Khutoryan, O.M. Yaroshenko and others.

Article’s main body. The article highlights the features of termination of the employment contract. Emphasis is placed on the fact that the contract as a special form of employment contract should be aimed at providing conditions for initiative and independence of the employee, taking into account his individual abilities and professional skills, increasing mutual responsibility of parties, legal and social protection of the employee. Judicial practice on the raised issue is analyzed. Judicial practice on the raised issue is analyzed.

Conclusions and prospects for development. It is concluded that the individual-contractual method of regulating labor relations is leading in a market economy. With the help of the contract it is possible to regulate individual, specific labor relations, and to use the legal specifics of the nature of the contract as effectively as possible. It is noted that insufficient legal regulation of employment contracts leads to litigation. It is established that repeated renegotiation of the contract does not give the employment relationship indefinite. It is determined that when concluding an employment contract, “to” and “by” are used in the sense of “inclusive”.