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Publication date: 28.04.2024
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The Code of Labor Laws of Ukraine is the main legal act that regulates labor relations in Ukraine. It includes the rights and obligations of employees and employers, the procedure for concluding and terminating employment relationships, working conditions, guarantees of social protection of employees and other aspects of labor law.
The main grounds for terminating an employment contract include:
- The agreement of the parties is one of the main grounds for terminating an employment contract. If both the employee and the employer agree to terminate the employment contract by mutual consent, then this is considered an agreement of the parties. This can happen, for example, in the case where the employee wants to leave voluntarily and the employer accepts this decision without trying to keep the employee.
- Expiration of the term for which the employment contract is concluded is one of the grounds for terminating the employment contract. If the employment contract has a fixed term (for example, for a certain time or for the performance of a certain work), then it is automatically terminated after the end of this term, unless both parties express a desire to extend the contract.
- Conscription or entry of an employee or employer (as an individual) into military service or referral to alternative (non-military) service is another reason for terminating an employment contract. This is stipulated in many labor codes and legislative acts of different countries. In such cases, the employment contract may be terminated from the moment of conscription or referral to the service in accordance with the requirements of the law.However, in some cases, upon military or alternative service discharge, an employee may be entitled to retain their job and position in accordance with the relevant legislation.
- The transfer of an employee to another enterprise, institution or organization, or transfer to an elected position, with his consent, is one of the possible grounds for terminating an employment contract.
Transfer with the consent of the employee: If the employee agrees to transfer to another workplace within the same enterprise or to work in another institution or organization, this can be implemented subject to the agreement of both parties and the execution of the relevant documentation.
Transfer to an elected position: If the employee wishes to transfer to an elected position in a trade union organization or other representative body, and if such a transfer is provided for by statute or legislation, then this may also be grounds for termination of the employment contract from the current place of employment.
It is important that such transfers take place with the consent of the employee and in accordance with the requirements of the law and the terms of the employment contract.
- An employee's refusal to be transferred to another location together with an enterprise, institution or organization, as well as refusal to continue working in connection with a change in essential working conditions may be grounds for terminating an employment contract.
Refusal to transfer to another location: If the employer offers the employee a transfer to another location, and the employee does not agree to such a transfer, this may be grounds for termination of the employment contract with the consent of both parties or by the employer's decision, if the employee's refusal is incompatible with the interests of the enterprise.
Refusal to continue working due to a change in essential working conditions: If the employer changes the working conditions (for example, changes the work schedule, salary conditions, duties, etc.), and the employee does not agree with such changes and refuses to work under the new conditions, this may also lead to the termination of the employment contract by agreement of the parties or by the decision of the employer.
- The acquisition of legal force by a court verdict, by which the employee was sentenced to imprisonment or to another punishment, which excludes the possibility of continuing this work, is the basis for terminating the employment contract.
If an employee has been convicted by a court and the sentence has entered into legal force, which provides for imprisonment or other punishment that excludes the possibility of continuing work, the employer has the right to terminate the employment contract with this employee.
are reasonable grounds for terminating an employment contract with non-fixed working hours or a contract:
Death of the employer - a natural person or his recognition as missing or dead: If the employer (natural person) died or was declared missing or dead according to a court decision, this may be grounds for termination of the employment contract.
Death of an employee or being declared missing or declared dead by a court: If an employee dies or has been declared missing or dead according to a court order, this may also be grounds for termination of the employment contract.
Absence of an employee from work for more than four consecutive months without information about the reasons: If an employee is absent from work for more than four months in a row and there is no information about the reasons for this absence, this may also be grounds for terminating the employment contract.
Protection of the interests of employees in court is an important component of labor law. Employees can go to court to protect their rights in various situations, such as wrongful dismissal, violation of conditions, refusal to work, payment of wages, etc.
If you have specific questions or need advice, I recommend contacting a specialist in the relevant field. You will be able to get help from: a labor lawyer, a labor lawyer, an employment lawyer. In case of illegal dismissal of an employee, he has the right to apply to the court to protect his rights and reinstatement.
