IMPROVEMENT OF THE LEGISLATION GOVERNING TERMINATION OF EMPLOYMENT CONTRACT ON THE INITIATIVE OF THE EMPLOYER ACCORDING TO PARAGRAPH 1 OF ARTICLE 40 OF THE LABOR CODE OF UKRAINE
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. Changing directions of development in Ukrainian economy, fundamental changes and transformation in property relations, privatization and deregulation caused the drop in labor demand, unemployment, worsening differences between employer and employee Target of research. The urgency of the problems caused by the need to reform labor law and to complete its codification, including the rules governing whether regulating the termination of the employment contract in cause of changes in the organization of production and labor Analysis of resent researches and publications. Providing the legal termination of employment contract by the employer in the event of changes in the organization of production and labor and prevent mass layoffs to pay attention to such jurists as: O. Protsevskyy, V. Shishkin, G. Goncharovа, G. Davydenko, A. Jushko, M. Baluk, M. Inshyn, A. Movchan, O. Yaroshenko. This topic was also the subject of research of foreign experts as V. Yegorov, E. Klyenova, M. Pokrovska, S. Golovin, M. Molodtsova. Article’s main body. State regulation of the legal protection of citizens’ constitutional right against unlawful dismissal hardly be considered appropriate. Because of issues related to the liquidation, reorganization, bankruptcy or conversion of the company, with guaranteed rights vacated and providing their future employment, requires serious scientific understanding. The development of science and technology related to the restructuring of labor force. Interests of production constantly putting more and more demands on employees. Modern production is characterized by continuous improvement of technology, introduction of new machinery, the periodic change of profile of production. In Ukraine slowed production significantly reduced companies incomes, so they are forced to reduce their spending. Is not a secret that a significant their percentage accounts for salaries of employees. If all employees engaged in the production and the formation of revenues of the company, clear that expenditure on salary is justified. If production volumes are falling, so decreases the need for previous count of employees. Conclusions and prospects for the development. Based on the analysis we can draw the following conclusions such as: 1) the liquidation and reorganization of legal entities – employers are not modifications in production and employment; 2) reorganization and liquidation – a path termination of any legal entity – an employer; 3) reduction of the staff or are the result of changes in production and labor that confronts domestic science employment and job search legislator for forming the proper and regulations.
Authors and Affiliations
V. A. Radionova-Vodyanytska
Keywords
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