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Theme 7. An alteration of an employment agreement and its dissolution

Methodical recommendations for independent work

Examine of question in relation of transfer to another job students should begin with a specification that translation of employees is based on two principles:

– definiteness of labour function of employee;

– economic power of employer.

Acquaint yourself with the differences of concepts of transfer to another job and transfer to another work space (moving). You should be able to differentiate such situations. For this purpose appeal to p. 2 of art. 32 of CLL.

Students must know what is considered the change of substantial terms of labour, at what terms she is assumed what order of her realization.

Consideration of item about the grounds and order of termination of labour agreement should be started with mastering of that an employment agreement can be terminated only on the grounds, specified by law and in the order prescribed by legislation for each of the grounds. It is necessary carefully to work out each of these grounds. Thus it is necessary to take into account that grounds are divided into general and additional. General grounds of termination of labour agreement are established in article 36 of CLL, and the additional grounds of termination of agreement with certain categories of employees are envisaged by the articles 7, 41 of CLL, and also by special legal acts.

Termination of labour agreement needs to be distinguished from the temporary removal (suspension) from work. Removal does not stop labour legal relationships, it only stops execution employee’s labour function, as a rule, with stopping of payment of salary for this time. A removal from work always is temporal and is justifiable in the exceptional cases envisaged by legislation. It strongly recommended examining the article 46 of the CLL of Ukraine, and also legal acts that prescribe special cases for removal from work.

The special attention should be given to the order of dismission registration. It is necessary to know that termination of employment agreement is recorded with the issue of an order. In the order there must be specified the grounds of employment agreement termination in exact accordance with formulations of legislation about labour and concrete legislative reference.

Tasks for self preparation:

Questions for preparation to the seminar:

  1. Transfer to another job and transfer to another work position. Change of the fundamental terms of employment agreement.

  2. The ground for the dissolution of the employment agreement. Dissolution of the employment agreement on the initiative of employee and third parties.

  3. Dissolution of the employment agreement on the initiative of employer. The order of dismissing.

  4. Legal guarantees from unlawful dismissal. Documentation of employment agreement dissolution. Final payments.

Tasks for independent work:

Basic level:

1. Compose the glossary of main legal terms to the topic relying on the list of terms below.

Main terms: transfer to another position (job) transfer to another work position; termination of an employment agreement; dissolution of an employment agreement; dismissal; summary termination; period of notice; temporary incapacity to labour; personnel reduction; temporary suspension; final payment; dismissal wage.

2. Familiarize oneself with prescribed list of literature and summarize the information, write down the abstract from this topic to your notebook.

Questions for self preparation:

  1. The order of transition of an employee to another permanent job and Transition of an employee to another working place.

  2. Changing fundamental terms of employment agreement and its legal consequences.

  3. Concept and cases of temporary suspension from work. A difference is between termination of employment agreement and temporary suspension from work.

  4. Dissolution of employment agreement the initiative of a third parties.

  5. Dissolution of employment agreement on the initiative of the employee.

  6. Grounds and the order of dissolution of employment agreement on the initiative of owner or body authorised by him.

High level:

1. To prepare report on one of prescribed topics and prepare to its defending.

Topics for reports:

  1. Peculiarities of employment of foreigners in Ukraine.

  2. Changing conditions of the employment agreement: types and order of execution.

  3. Forced labor and problems of regulation of temporary transfer of employees to another job.

  4. General description of grounds of dissolution of employment agreement.

Tests for self-check:

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