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Publication date: 24.04.2024
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Article 40 of the Labor Code of Ukraine refers to "The procedure for terminating an employment contract at the initiative of the employer." This article establishes the main grounds and procedures for terminating the employment contract by the employer. It defines such points as warning the employee about the intention to terminate the employment contract, the relevant terms and conditions of termination, as well as the rights of the employee in case of termination of the employment contract.
The main grounds for terminating the employment contract at the initiative of the employer, specified in this article, include the employee's violation of labor duties, failure to perform or improper performance of work, as well as other circumstances provided for by law.
Changes in the organization of production and work, including liquidation, reorganization, bankruptcy or repurposing of an enterprise, institution or organization, as well as a reduction in the number or staff of employees may be grounds for terminating an employment contract at the initiative of the employer. In such situations, the employer must usually comply with the procedures established by law, in particular, to provide employees with a warning of future layoffs, taking into account the time requirements for informing and social protection of employees in cases of mass layoffs.
In order to terminate the employment contract on the grounds of the employee's lack of suitability for the position held or the work performed, the employer must have objective evidence of the employee's insufficient qualifications or inability to perform his duties due to health conditions. It is also important to ensure that the procedures used to identify these inconsistencies are fair and compliant with the law.
To terminate an employment contract for systematic non-fulfillment of duties by an employee, it is necessary to have objective evidence of systematic non-fulfillment of duties without valid reasons. Such evidence may include written documents, case records, employee statements, or witness statements. In the event of termination of the employment contract on this basis, the employer must also comply with the requirements of the law and ensure that the procedure is fair to the employee. This may include giving the employee an opportunity to present their arguments or defend their interests.
Absenteeism, including absence from work for more than three hours during the working day without valid reasons, may be grounds for terminating the employment contract at the initiative of the employer. Absenteeism violates labor discipline and can harm the productivity of an enterprise or organization. However, the employer must usually follow the procedures established by law, in particular, give the employee the opportunity to explain the reasons for the absence, as well as apply sanctions in accordance with the company's internal rules or the collective agreement.
Not showing up for work for more than four months in a row due to temporary disability can be a difficult situation for both the employer and the employee. Usually, if an employee is unable to work for such a long period of time due to temporary disability, the employer can consider various options for action:
Attempt to keep the job: The employer may try to keep the job for the employee, in particular by providing additional vacation time or using other social protection mechanisms for the employee.
Working with the employee: The employer may try to work with the employee to find adaptive solutions that will allow him to return to work after temporary incapacity.
Medical examination: The employer may contact medical experts to assess the health status of the employee and his ability to return to work in the future.
Termination of the employment contract: If the employee is unable to return to work for an extended period due to temporary incapacity, the employer may consider terminating the employment contract on this basis.
The reinstatement of an employee who previously performed this job and was temporarily absent is possible provided that the reason for his absence was temporary and he is able to return to work. The reinstatement of the employee can be carried out by concluding an additional agreement to the employment contract or rehiring in accordance with the procedure established by the organization. It is also important to ensure that the employee is treated humanely and fairly and that his interests and needs are taken into account, and that the employee retains his job.
Coming to work while intoxicated or under the influence of drugs or toxic substances is a serious violation of work discipline and can have serious consequences for workplace safety and productivity.
Committing theft of employer property in the workplace is a serious offense that can have serious consequences for the employee. In the case when the fact of theft of the employer's property was established by a court verdict that entered into force.
In the case of a draft or mobilization of an employer - a natural person during a special period (for example, martial law or mobilization), this can have significant consequences for the employer himself, as well as for his employees and the activities of the enterprise.
Establishing the employee's incompatibility with the position held during the probationary period: If during the probationary period it is established that the employee does not meet the requirements of the position or cannot perform the duties assigned to him, the employer has the right to terminate the employment contract on this basis. At the same time, the employer must follow the procedures established by law and give the employee the opportunity to express his position.
Committing mobbing (harassment) by an employee established by a legally binding court decision: If a legally binding court decision establishes that an employee has mobbed (harassed) other employees, this may be grounds for terminating the employment contract at the initiative of the employer. The employer must follow legal procedures and ensure a fair investigation into the situation.
Protection of the interests of employees in court is an important aspect of legal protection of employees in cases of violation of their rights or conflicts with employers. Litigation is one of the key stages of protecting an employee's interests in court, and a lawyer can play an important role in this process.
