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Journal articles on the topic 'Grounds for termination of the employment contracts'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Mäkeläinen, Emma-Lotta, Sofia Toivonen, and Tiina Räsänen. "Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland." Udayana Journal of Law and Culture 2, no. 1 (2018): 1. http://dx.doi.org/10.24843/ujlc.2018.v02.i01.p01.

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Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though t

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2

Kuchina, Yu A. "Grounds for terminating an employment contract with a teleworker." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 8 (July 14, 2021): 50–55. http://dx.doi.org/10.33920/pro-4-2108-07.

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The article explores the problems associated with the possibility of establishing contractual grounds for termination of employment contracts with remote employees, identified by judicial practice, and also suggests requirements that must be met in terms of content and procedure for the grounds for termination of employment contracts.

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3

Alharbi, Leen. "Provisions for the termination of Maritime Employment Contracts and Their Effects in the Saudi Law: An Analytical Study." International Journal of Law Research and Studies 4, no. 4 (2025): 369–94. https://doi.org/10.59992/ijlrs.2025.v4n4p12.

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This study aims to analyze the provisions governing the termination of maritime employment contracts and their effects under Saudi law, as stipulated in both the Labor Law and the Commercial Maritime Law. The study reviews the concept, nature, and characteristics of the maritime employment contract, as well as the grounds for its termination, whether arising from the will of the parties or from external causes. It also examines the legal effects resulting from the contract’s termination, highlighting the differences between the general provisions and those specific to maritime labor. A major f

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4

Honchar, R. V. "Termination of the employment contract for violation of labor discipline on the grounds provided for by special laws." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 157–62. http://dx.doi.org/10.24144/2788-6018.2022.04.28.

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The article states that terminating an employment contract is one of the most effective means of ensuring labor discipline. Disciplinary responsibility can be general or special. Special (official) disciplinary responsibility is provided only for specifically defined categories of employees and is established in statutes, provisions on disciplinary responsibility and special regulatory acts. It is characterized by the presence of a special subject of a disciplinary offense, a special nature of a disciplinary offense, special types of disciplinary penalties, a special procedure for imposing and

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5

Bartninkas, Marius. "Terminating an Employment Contract at the Employer’s Will: Does Expensive and Simple Mean Safe? Lithuanian Model." Baltic Journal of Law & Politics 16, no. 2 (2024): 47–63. http://dx.doi.org/10.2478/bjlp-2023-0012.

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Abstract This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer’s will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither ne

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Yavor, O. "Special circumstances for change or termination of housing agreement (rental)." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 110–15. http://dx.doi.org/10.24144/2788-6018.2022.02.20.

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The article examines certain issues of housing law, in particular, the special grounds for changing and terminating the contract of employment (lease) of housing in today's conditions and in connection with the introduction of martial law in Ukraine. It is noted that along with the general grounds for terminating a housing (lease) contract, new special grounds for changing or terminating have appeared. In Ukraine, the legal framework for regulating housing relations is based on the following principles: freedom of contract, equality, fairness, etc. It is substantiated that the construction of

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7

Islomqulova, Shokhsanam. "LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS." JOURNAL OF LAW RESEARCH 6, no. 9 (2021): 25–32. http://dx.doi.org/10.26739/2181-9130-2021-9-3.

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This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract

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8

Meniv, L. "New grounds for termination of an employment contract under the conditions of marital state." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 236–42. http://dx.doi.org/10.24144/2307-3322.2022.76.1.37.

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The article is devoted to the coverage of one of today's topical topics - the termination of an employment contract under martial law. In connection with the introduction of martial law in Ukraine, thousands of people were forced to urgently leave their place of residence and, accordingly, their place of work in order to save their lives and the lives of their relatives. Many enterprises were destroyed by the enemy, or they moved to other regions of our country and were already forced to work in new realities and with less capacity. In the conditions of martial law, the issue of terminating an

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9

Murodullayev, Dostonjon. "OMPARATIVE LEGAL ANALYSIS OF THE LABOR LEGISLATION OF THE CIS STATES REGARDING THE TERMINATION OF EMPLOYMENT CONTRACT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES." Jurisprudence 2, no. 6 (2022): 116–26. http://dx.doi.org/10.51788/tsul.jurisprudence.2.6./xrpt6270.

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This article provides a comparative legal analysis of the labor legislation of the CIS countries in terms of termination of employment contracts due to circumstances beyond the control of the parties. When developing the Labor Codes of the CIS countries, attention was paid to their economic model. In the development of the Labor Code of the Republic of Uzbekistan, the role of the “Uzbek model” chosen by Uzbekistan for a phased transition to a market economy was of particular importance. In the labor legislation of the CIS countries, the death of an employee or employer who is an individual, as

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10

Kitchenko, M. Y. "The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 205–10. http://dx.doi.org/10.24144/2788-6018.2024.03.34.

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The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine,

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11

Trinh, Hang Thi. "Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code." Science & Technology Development Journal - Economics - Law and Management 5, no. 3 (2021): first. http://dx.doi.org/10.32508/stdjelm.v5i3.768.

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Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated i

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12

Musabayev, M. "Problems of legal regulation of the grounds for termination of an employment contract at the initiative of the employer." Fundamental and applied researches in practice of leading scientific schools 31, no. 1 (2019): 140–45. http://dx.doi.org/10.33531/farplss.2019.1.28.

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The presented scientific article arises from the research of theoretical and practical problems of the legal regulation associated with the grounds and the procedure for termination of an employment contract at the initiative of the employer under a free market economy. The article substantiates a number of concepts, along with ideas and conclusions which are conceptual in theoretical terms and important for the legal practice. In particular, for the first time the classification of stages of development of the labor legislation regulating the procedure for termination of an employment contrac

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13

Kiselova, O. I., and Y. V. Nomirovskaya. "Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority." Legal horizons, no. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.

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The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law

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14

Loginova, M. "Differences in the procedure for termination of employment relations on different grounds." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 182–86. http://dx.doi.org/10.24144/2307-3322.2023.79.2.27.

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The study “Differences in the procedural order of termination of employment relations on various grounds” is devoted to the analysis and disclosure of the peculiarities of the legal regulation of procedures for the termination of employment relations depending on various grounds. The article discusses the key aspects of the procedures related to the dismissal of an employee at the initiative of the employer, cases of dismissal due to exceptional circumstances and in the event of the expiration of the employment contract. The normative legal acts regulating the procedural order of termination o

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15

Filchakova, S. Yu. "Termination of an employment contract with a remote worker in the absence of interaction with the employer." Voprosy trudovogo prava (Labor law issues), no. 11 (November 30, 2024): 662–70. https://doi.org/10.33920/pol-2-2411-03.

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The study is devoted to current problems associated with the use of an additional basis for terminating an employment contract with a remote worker. An analysis of general and special norms allowed us to formulate the conclusion that in order to apply the grounds for termination of an employment contract due to failure to communicate with the employer without a good reason for employees performing a labor function under the terms of a remote employment contract on an ongoing basis, it is advisable to clarify the workplace remote worker, the procedure for the employer to control the performance

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16

Zhizherina, Yu Yu. "Jurisprudence: dismissal of remote worker." Voprosy trudovogo prava (Labor law issues), no. 3 (March 27, 2024): 162–67. http://dx.doi.org/10.33920/pol-2-2403-05.

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17

Bontlab, Vasyl, and Ivan Yatskevych. "Termination of Powers of an Official as a Ground for Termination of an Employment Agreement (Contract) with a Manager: Features and Problems of Implementation." NaUKMA Research Papers. Law 11 (October 26, 2023): 56–63. http://dx.doi.org/10.18523/2617-2607.2023.11.56-63.

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In order to protect investments, rights and interests of investors, a number of legal acts were amended in 2014. In particular, a new ground was added to the list of additional grounds for termination of an employment agreement initiated by the employer – termination of powers of an official of the company, which accordingly entails termination of the employment agreement with such an official. However, an analysis of the case law on disputes over termination of an employment agreement with a manager initiated by the employer due to revocation of the official’s powers reveals a number of probl

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18

Shcherbakova, O. V. "Problems of termination of an employment contract at the initiative of an employee." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 10 (September 6, 2021): 72–79. http://dx.doi.org/10.33920/pro-4-2110-09.

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Issues related to the termination of an employment contract at the initiative of the employee (at their own request) are considered, answers to questions regarding the rights of employees are given, and the grounds for termination of labor relations provided for by labor legislation.

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19

Zhemkov, Andrey A. "Termination of an Employment Contract with a Teacher: Special Grounds." Volga Region Pedagogical Search 29, no. 3 (2019): 60–71. http://dx.doi.org/10.33065/2307-1052-2019-3-29-60-71.

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20

Kurdiukov, Oleksii. "Employment contract with non-fixed working hours as a tool for adapting the labor market to modern challenges: ad-vantages and risks." Actual problems of innovative economy and law 2024, no. 6 (2024): 14–18. https://doi.org/10.36887/2524-0455-2024-6-3.

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The article is devoted to research on the issue of introducing employment contracts with non-fixed working hours into the labor legislation of Ukraine. The author analyses the impact of current global challenges, such as digitalization, economic crises, the COVID-19 pandemic, and the war in Ukraine, on the modern labor market. The article analyses the amendments to the Labor Code of Ukraine (in particular, Article 211), provides a legislative definition of the specified type of employment contract, and highlights the characteristic features of the latter. The article notes that the type of emp

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21

Azizah, Siti, Husni Mubarrak, and Muslem Muslem. "UMROH AS THE REASON FOR UNILATERAL TERMINATION OF EMPLOYMENT BY PT. DARUSSALAM BERLIAN MOTOR FROM THE PERSPECTIVE OF IJĀRAH BI AL-‘AMAL (Verdict Case Study No. 1/Pdt.Sus-PHI/2019/PN Bna)." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 11, no. 1 (2021): 59. http://dx.doi.org/10.22373/dusturiyah.v11i1.8430.

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PT. Darussalam Berlian Motor has terminated one of its employees on the grounds of performing the umroh. However the company/defendant argued that the employee/litigant had left their job without even notifying the defendant in advance. The defendat also explained that during their tenure, the litigant often made serious mistakes. On contrary, due to the serious mistakes that had been committed before, the defendant did not terminate the employment contract and the action was only taken when the litigant performed umroh in the holy land. The question in this research is how the judge considers

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22

Sydorenko, V., O. Sakhno, A. Lukiianchuk, A. Denysova, and V. Kharahirlo. "Labor relations in the field of professional (vocational) education: theoretical and applied aspect." Fundamental and applied researches in practice of leading scientific schools 38, no. 2 (2020): 122–26. http://dx.doi.org/10.33531/farplss.2020.2.22.

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The article examines theoretical and applied aspects of labor relations in the field of professional (vocational) education. The authors highlight the problems, indicators and mechanism of regulation of labor relations in the field of professional (vocational) education. There is the analysis of the state of normative-legal regulation of conditions and grounds for hiring scientific and pedagogical workers, as well as the grounds, procedure and guarantees for dismissal of employees of this category. The authors focus in the article on the description of the conditions for concluding, performing

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23

Adhistianto, Mohamad Fandrian. "The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence." Pandecta Research Law Journal 18, no. 1 (2023): 88–99. http://dx.doi.org/10.15294/pandecta.v18i1.41830.

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Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance t

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24

Dębska, Monika Magdalena, and Maciej Dębski. "Sytuacja prawna pracowników powyżej pięćdziesiątego roku życia." Prawo Kanoniczne 54, no. 3-4 (2011): 367–85. http://dx.doi.org/10.21697/pk.2011.54.3-4.14.

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Non-discrimination of treatment – also on the grounds of age – is a fundamental rule of Polish labour legislation. That rule is expressed in art. 32(2) of the Polish Constitution, art. 1 of Directive 2000/78/EC and art. 113 of the Polish Labour Code. According to art. 6 of Directive 2000/78/EC, art. 183b § 2 of the Polish Labour Code and ECJ case law, exceptions from that rule are permissible if they are justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary. These exceptions include the legitimacy of termination of employment relationships with work

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Vahitova, Rufina Z. "PROCEDURAL ASPECTS OF THE DISMISSAL OF EMPLOYEES IN CONDITIONS OF FORCED RELEASE." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 12/21, no. 153 (2024): 139–45. https://doi.org/10.36871/ek.up.p.r.2024.12.21.019.

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This article is devoted to the study of the legal aspects of the dismissal of employees in bankruptcy, as well as the analysis of its economic and social consequences. The key grounds for termination of employment contracts are considered, including the agreement of the parties, staff reduction, liquidation of the enterprise and voluntary dismissal, as well as the practical nuances of their application. Special attention is paid to ensuring social justice and stabilizing the labor market, which makes the problem of protecting workers’ rights in bankruptcy relevant both in the legal and socio-e

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26

Kashaeva, Anastasia A. ""Professional Qualities" of Players, Coaches and Termination of the just cause Employment Contract." Theoretical and Applied Law, no. 3 (June 7, 2020): 84–88. https://doi.org/10.5281/zenodo.15425742.

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The issue of contractual stability between clubs and coaches has been raised more than once in the decisions of the Court of Arbitration for Sport. However, this issue is still relevant, since there are often disputes between clubs and players and coaches regarding the validity of termination of the employment contract with them.The article raises questions related to the interpretation in the practice of the FIFA Players’ Status Committee and the Court of Arbitration for Sport of the concepts of effi ciency and productivity of players, coaches, and achieving a certain result in work. Th

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27

Krasnoyarova, E. V. "Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation." Voprosy trudovogo prava (Labor law issues), no. 9 (September 30, 2021): 672–79. http://dx.doi.org/10.33920/pol-2-2109-04.

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The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

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28

Presnyakov, Mikhail V. "Issues of Termination of Work Relations Due to Reaching the Age Limit." Journal of Russian Law 27, no. 9 (2023): 66. http://dx.doi.org/10.61205/jrp.2023.104.

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A number of changes to current legislation in recent years have been aimed at increasing the length of stay in the service of certain categories of civil servants. At the same time, such changes are associated with a number of problems concerning: a) the validity of the extension of work relations; b) the fate of the labor contract (contract extension or the conclusion of a new one); c) the grounds and procedure for termination of the contract; d) state guarantees upon termination of the contract in connection with reaching the age limit. The situation is aggravated by the lack of uniform regu

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Boldyrev, Vladimir, and Dmitry Gorbunov. "Business suspension: staffing decisions and associated risks." Law and Economics, no. 4 (April 30, 2023): 48–55. https://doi.org/10.5281/zenodo.15591846.

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The need for a balanced assessment of the risks associated with personnel decisions related to the suspension of the economic activity of the organization is noted. The suspension of the employment contract is considered as a temporary measure proposed by the Russian authorities. The ratio of the suspension of the organization's activities and downtime is analyzed. It is noted that in order to implement the decision to suspend economic activity within the framework of the Russian legal order, it is possible to use one or more grounds for terminating labor relations: (1) termination of an emplo

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Василенко, Ю. Е. "FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION." Russian-Asian Legal Journal, no. 4 (December 25, 2023): 27–31. http://dx.doi.org/10.14258/ralj(2023)4.5.

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The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employe

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Filchakova, Svetlana. "Disqualification or Other Administrative Penalty as a Basis for Termination of an Employment Contract." Academic Law Journal 23, no. 4 (2022): 407–16. http://dx.doi.org/10.17150/1819-0928.2022.23(4).407-416.

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In the practice of labor relations, it is difficult to terminate the employment contract due to the application of administrative punishment to the employee, which excludes the possibility of fulfilling his duties under the employment contract. In the Labor Code of the Russian Federation, the types of such administrative punishments are not clearly defined. Only disqualification is directly named, and for other types, the criterion for their attribution to the grounds for termination of the employment contract is the legal consequence expressed in the absence of the possibility of the employee

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Muhamma Afdhal Askar. "UNILATERAL TERMINATION OF EMPLOYMENT BY EMPLOYERS DUE TO URGENT VIOLATIONS UNDER GOVERNMENT REGULATION NUMBER 35 OF 2021." Qaumiyyah: Jurnal Hukum Tata Negara 6, no. 1 (2025): 49–64. https://doi.org/10.24239/qaumiyyah.v6i1.192.

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This article is motivated by the provisions on unilateral termination of employment by employers as stipulated in Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Contracts, Outsourcing, Working Hours, Rest Periods, and Termination of Employment. According to these provisions, workers do not have the opportunity to defend themselves when accused of committing a criminal offense that serves as grounds for termination due to urgent reasons. The purpose of this study is to understand the termination of employment (PHK) due to urgent reasons under Indonesia’s legal system a

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Filchakova, Svetlana. "Death or Long-Term Absence as a Legal Fact Terminating the Employment Relationship." Academic Law Journal 25, no. 1 (2024): 95–103. http://dx.doi.org/10.17150/1819-0928.2024.25(1).95-103.

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The article notes that in practice of terminating an employment contract due to circumstances independent of the will of the parties, it is difficult to apply such a ground as the death of an employee or employer – an individual. In particular, it is stated that it is difficult to choose the reason for termination of an employment contract with an employee who has been absent for a long time and is not performing his or her work. In practice, the grounds for termination of the employment contract are often replaced, since the employer does not consider it necessary to clarify the reasons for t

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34

Sereda, Olena, and Tetyana Krasyuk. "Termination of the employment agreement in the case of abolition of admission to a state secret: to problem issues." Law and innovations, no. 2 (38) (June 24, 2022): 57–63. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-7.

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Problem settings. Problems of protection of state secrets have become especially relevant in recent years, during the deep socio-economic transformations in Ukraine, when, on the one hand, new threats to national security, and on the other, and this must, unfortunately, admit protection of state secrets not always carried out properly. The existence of problems in this important area for the protection of the state is evidenced by the frequent labor disputes, including over various conflicting aspects of access to and access to state secrets, which are considered in administrative courts. Ther

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35

Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.

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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation

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Sobitxonov, Joxongir Zunnurxon o'g'li. "THE LEGISLATIVE EXPERIENCE OF FOREIGN STATES GOVERNING THE TERMINATION OF THE EMPLOYMENT CONTRACT, AND THE PROSPECTS FOR THEIR IMPLEMENTATION IN NATIONAL LEGISLATION." THEORETICAL ASPECTS IN THE FORMATION OF PEDAGOGICAL SCIENCES 2, no. 6 (2023): 115–26. https://doi.org/10.5281/zenodo.7680121.

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In this research work, the grounds for terminating the employment contract in developed foreign countries, the issues of their application are analyzed in comparison with our national legislation. Based on the results of the analysis, theoretical and practical proposals aimed at improving the labor legislation will be developed.

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Rutkowska, Beata. "Termin wypowiedzenia umowy o pracę zawartej z nauczycielem akademickim." Studia z zakresu Prawa Pracy i Polityki Społecznej 31, no. 2 (2024): 125–33. http://dx.doi.org/10.4467/25444654spp.24.010.19485.

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The subject of the article is the termination date of an academic teacher’s employment contract. The Law on Higher Education and Science binds this date to the end of the semester. While the regulation provided for in the pragmatics allows for a precise determination of the end of the summer semester (30 September), it does not provide grounds for an unambiguous determination of the end of the winter semester. This is confirmed by the differing views of the doctrine on the matter and the practice, as well as the first statements of the judicature. The interpretative dispute boils down to wheth

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Shonia, G. V. "Remote Performance of a Labor Function by an Employee: Problems of Theory and Law Enforcement." Lex Russica 76, no. 6 (2023): 48–56. http://dx.doi.org/10.17803/1729-5920.2023.199.6.048-056.

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Periodic bursts of deterioration of the sanitary and epidemiological situation in certain regions and in Russia as a whole make remote performance of a labor function by an employee relevant and in demand. The remote format of work increases economic profitability of the employer’s activities. Transition to remote work is not a formal change of the place of performance of the labor function, it involves a significant organizational and local regulatory restructuring.Mandatory and optional transfer to a remote form of work involves the inclusion of certain terms in the employment contract, as w

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Kyselova, O. I., and I. V. Kordunian. "Protection of employees' labor rights during the quarantine." Legal horizons, no. 25 (2020): 65–70. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p65.

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In this article, the impact of the global pandemic on the organization of work at enterprises in Ukraine, and the protection of workers’ labor rights during the quarantine was overviewed. The grounds for dismissal of employees in Ukraine, which are provided in the Labor Code of Ukraine, were analyzed. Such forms of termination of the employment contract as dismissal at the employer’s initiative, termination of the employment contract at the employee’s initiative, and by agreement of the parties were explored. When terminating an employment contract at the employee’s initiative and by agreement

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Dzhidzhavadze, Levan G. "The mechanism of "restriction - guarantee" in case of termination of an employment contract at the employer’s initiative: Russian and foreign experience." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 17, no. 1 (2023): 102. http://dx.doi.org/10.18255/1996-5648-2023-1-102-111.

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The article analyzes the grounds for termination of an employment contract on the initiative of an employer in the countries of the Anglo-Saxon and Romano-Germanic legal families. The issue of maintaining the balance of interests of the employee and the employer through the mechanism of «restriction-guarantee» is investigated. Based on the information received, the author identifies models of legal regulation and makes reasonable conclusions. In addition, proposals are being made to improve Russian legislation based on the reception of the positive experience of foreign countries.

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Bailo, O. V. "SOME ASPECTS OF THE APPLICATION OF THE SIMPLIFIED REGULATION OF LABOR RELATIONS." Constitutional State, no. 48 (December 19, 2022): 32–38. http://dx.doi.org/10.18524/2411-2054.2022.48.267965.

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The Code of Labor Laws of Ukraine was supplemented by Chapter III-B “Simplified mode of regulation of labor relations”. Like any new legal institution, the institution of a simplified regime for the regulation of labor relations raises a number of questions in law enforcement practice. A feature of the simplified regime of regulation of labor relations is the “simplified” procedure for organizing document circulation at the workplace. In connection with the emphasis on the employment contract (Part 4, Article 21 of the Code of Labor Laws of Ukraine), as a means of regulating labor relations

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YUROVSKA, Viktoriia, and Alina PYVOVAR. "Comparison of the labor code and the draft law "On labor": employment contract." Economics. Finances. Law 12, no. - (2022): 9–13. http://dx.doi.org/10.37634/efp.2022.12.2.

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The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that

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Demidov, N. V. "Norms and Methods of Modern Labor Law in the Factory Legislation of the 1880s." Rossijskoe Pravo Obrazovanie Praktika Nauka, no. 6 (April 28, 2025): 28–36. https://doi.org/10.34076/2410-2709-2024-144-6-28-36.

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The author analyzes the innovations in governing employment relations in the 1880s as a period of establishing the basic rules of modern Russian labor law. Technological, economic, social, cultural and political reasons for the formation of Russian labor legislation are revealed. The author concludes that in the 1880s the most important methods of governing employment relations were enshrined, which then began to be applied in the 20th and 21st centuries. The key approaches to regulating relations in the future labor law are named. These include humanization of legal regulations, rooting of pu

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Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination." Market and Competition Law Review 2, no. 2 (2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.

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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are

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Ofman, Elena M. "Invalidity of the employment contract: Review from the perspective of the mechanism of exercising subjective rights and obligations of the employee and the employer." Vestnik of Saint Petersburg University. Law 14, no. 4 (2023): 933–50. http://dx.doi.org/10.21638/spbu14.2023.407.

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The article raises the problem of the necessity and expediency of the reception into the labor legislation of the Russian Federation a civil law construction of invalidity of the transaction, evaluates the experience of the EEC member states in implementing the legal regulation of the invalidity of the employment contract on certain grounds. The article contains a conclusion not only about inexpediency, but also about the impossibility of enshrining norms on the invalidity of the employment contract in the Labor Code of the Russian Federation; the legislator has developed adequate ways and mea

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Volk, Elena A., and Kirill L. Tomashevski. "Dismissal of an employee at the initiative of the employer for a single gross violation of labour duties (clause 7 of Article 42 of the Labour Code of Belarus)." Russian Journal of Labour & Law 13 (2023): 275–95. http://dx.doi.org/10.21638/spbu32.2023.119.

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During the third global reform of the Labor Code of the Republic of Belarus, which took place in 2019-2020, Article 42 of the Labor Code was set out in a new edition. In the updated Article 42 of the Labor Code of the Republic of Belarus, five grounds for dismissal at the initiative of the employer for a single gross violation of labor duties were combined into one paragraph 7. In 2021, this paragraph was supplemented with three new grounds. In this paper, for the first time, an attempt is made to comprehensively analyze all eight grounds for dismissal on the initiative of the employer for a s

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Stopka, Karolina. "Prawo do zasiłku macierzyńskiego po ustaniu ubezpieczenia chorobowego — wybrane zagadnienia." Przegląd Prawa i Administracji 117 (December 20, 2019): 117–32. http://dx.doi.org/10.19195/0137-1134.117.10.

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MATERNITY ALLOWANCE AFTER THE EXPIRY OF ILLNESS INSURANCE — SELECTED ISSUESThe study analyzed the regulation of maternity allowance after the expiry of illness insurance contained in Article 30 of the Act on Cash Benefits from Social Insurance in Case of Illness and Motherhood. This analysis was carried out in terms of the grounds justifying insurance coverage after the expiry of the insurance, the type of events covered by the protection as well as the circumstances conditioning the use of it. When assessing the circumstances determining the right to the allowance, the provisions of the Labou

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Chudinovskikh, M., and N. Tonkikh. "Telework in BRICS: Legal, Gender and Cultural Aspects." BRICS Law Journal 7, no. 4 (2020): 45–66. http://dx.doi.org/10.21684/2412-2343-2020-7-4-45-66.

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With the rapid development of digital technologies and globalization, telework is becoming increasingly common. For the BRICS countries, the formation of a modern legal regulation model for telework is of great importance. In drafting legislation, it is essential to take into account economic and cultural factors, as well as the need to ensure gender equality. This article presents an analysis of current trends in telework development in the BRICS countries. Its findings reveal various reasons for a growing need to regulate telework. For Brazil, the issue of ecology plays an important role; fo

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Demidov, Nikolay V. "The institution of dismissal of an employee at the initiative of the employer in 1970-1980 as a reflection of the problems of Late Soviet Labor Law." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 46 (2023): 133–49. http://dx.doi.org/10.17223/22253513/46/10.

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By the beginning of the 1980s, the legal regulation of relations on termination of an employment contract at the initiative of the employer remained unchanged for a decade. The prevailing volume of norms was fixed in 1970. Fundamentals of the legislation of the USSR and the Union Republics on Labor and the Labor Code of the RSFSR of 1971 Article 254 of the Labor Code of the RSFSR of 1971 fixed additional grounds for the release of certain categories of workers. The grounds for dismissal of employees with a special legal status were also fixed in the branch Charters on labor discipline. Discipl

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Олена Олександрівна Конопельцева. "Employee’s state of health as a reason for termination of an employment contract at the initiative of the employer." Problems of Legality, no. 149 (June 9, 2020): 80–91. http://dx.doi.org/10.21564/2414-990x.149.199961.

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The grounds on which the employer is allowed to terminate the employment contract with the employee are considered if the employee's inconsistency with the position or job is established. It is emphasized that dismissal of an employee is allowed in case of a discrepancy due to a state of health, which hinders the continuation of this work, if it is impossible to transfer him to an easier job due to the absence of a vacant job or refusal to transfer. A characteristic feature of dismissing an employee due to poor health is the lack of guilt. The inability of the employee to perform his or her wo

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