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Publication date: 18.05.2024
Lawyer
Termination of the employment contract at the initiative of the employer is one of the most common and at the same time controversial grounds for termination of employment relations. The legal complexity of such situations requires careful analysis of documents, a legal opinion of a lawyer and professional advice of a lawyer. In this article, we will consider the main grounds for terminating an employment contract provided for by the legislation of Ukraine, and we will give recommendations on the legal assessment of these grounds.
Grounds for terminating the employment contract at the initiative of the employer
According to Article 40 of the Labor Code of Ukraine, the employer has the right to terminate the employment contract on certain grounds, including:
1. Systematic non-fulfillment of duties by the employee.
2. One-time gross violation of labor duties.
3. Absenteeism without valid reasons.
4. Coming to work in a drunken state.
5. Loss of trust in the employee.
6. Inadequacy of the employee to the position held.
Consultation of a lawyer and verification of documents
Before making a decision to terminate the employment contract, the employer should seek advice from a lawyer or lawyer. Consulting a lawyer will help assess the legality of the grounds for dismissal and avoid potential litigation. The lawyer will provide a written consultation, which will include a legal analysis of the situation and recommendations for further actions.
Legal consultation should include the following stages:
1. Document analysis: Lawyers must carefully check all documents related to employment relations, including employment contracts, job descriptions, disciplinary records, etc.
2. Legal opinion of the lawyer: Based on the analysis of the documents, the lawyer will provide a legal opinion regarding the validity of the dismissal.
Legal analysis of the situation
The legal analysis of the situation aims to determine whether the employee has really violated his duties and whether there are grounds for his dismissal in accordance with the law. For example, systematic non-fulfillment of duties by an employee must be documented (acts, memos, reprimands). It is also important that the employee is warned about the possibility of dismissal in case of repeated violations.
In the event of a one-time gross violation of labor duties, the employer must have indisputable evidence of the violation, such as acts, witness statements, video recordings, etc.
Written consultation and assistance of a lawyer online
Modern technologies allow you to get help from a lawyer online, which greatly simplifies the consultation process. Online consultation of a lawyer may include a written consultation, legal opinion and recommendations on actions in a specific situation.
Conclusion
Termination of the employment contract at the initiative of the employer requires careful legal analysis and justification. Employers should seek the professional help of lawyers and lawyers to analyze documents and obtain a legal opinion. Consulting a lawyer will help you avoid mistakes and ensure compliance with the law, which is the key to successful resolution of labor disputes.
Legal assistance received online allows you to quickly and efficiently resolve legal issues, giving employers and employees the opportunity to quickly respond to changes in labor relations. The lawyer's legal opinion will be the basis for making well-considered and lawful decisions regarding the termination of the employment contract.
