Juristic qualification of separate basements of labor contract denouncement because of revealed lack of conformity of the employee’s post held or job executed

• Main Author: Sophia Shabanova
• Format: Article
• Language: Russian
• Published: PC Technology Center 2020-09-01
• Series: ScienceRise: Juridical Science
• Subjects: labour function; insufficient qualification; attestation; health status of a worker; health status of a worker that prevents continuation of the work; medical-social examination; state secret
• Online Access: http://journals.uran.ua/sr_law/article/view/213645

Legal adjusting of the phenomenon of denouncement of a labour contract in connection with the educed disparity of a worker to a held post or executed work now is not covering the whole spectrum of features of grounds of such denouncement that predetermines the necessity of research of descriptions of its separate grounds. The purpose of the article is an exposure of the lacks of adjusting of denouncement of labour relations on the initiative of an employer in connection with the educed disparity of a worker to a held post or executed work and suggestion of ways of their solution. During the realization of the indicated research the following methods were used: dialectical, logical-legal, analysis and synthesis. By means of analysis and synthesis, the essence of grounds of labour contract denunciation because of disparity to a held post or executed work was described, and also basic ideas and vectors of development of the legal adjusting are educed and compared, in particular categorical apparatus within the limits of the research article. A dialectical method allowed to investigate general properties, copulas and conformities to law, that arise at the exposure of disparity of a worker to a held post or executed work. A logical-legal method was used for the formulation of suggestions in relation to further perfection of the legal adjusting of the institute of labour contract denunciation on the initiative of an employer. The results consist of the exposure of the importance of grant of the right to employers to denounce a labour contract at presence of corresponding grounds and substantiation of the necessity of improvement of positions within the limits of the considered theme, envisaged by the current legislation. Conclusion. The imperfection of the existent presently legal adjusting of exposure of disparity of a worker to a held post or executed work, resulted in labour contract denunciation, is manifested in gaps of the categorical apparatus within the limits of the considered question, in particular in absence of clear fixing of the concept "insufficient qualification", absence of the regulated methods of its exposure, direct obligation of an employer to break labour relations with a worker in statutory cases, is a limitation of him/her in the right to make a decision independently, is a considerable obstacle to an employer in establishment of an effective method of work execution and improvement of results of such execution