Material responsibility of an employer before an employee in the case of his Illegal dismissal
( Pp. 80-85)

Public relationships on material responsibility of an employer for the illegal dismissal of an employee to work is an object of the research in the article. The questions connected with theoretical regulations about the notion of material responsibility of an employer for the illegal dismissal of an employee with modem condition and further development of labor legislation regulating the given diversity of legal responsibility are the subject of the research. The author considers such main categories of this type of a legal responsibility as “illegal dismissal” and “obliged absence”, notions of which are absent in the LC of the RF that lower the effectiveness of material responsibility of an employer for illegal dismissal of an employee. The special attention is paid to the analysis of demands (conditions) settled by the LC of the RF which is necessary to fulfill to an employer at an employee’s dismissal. The main conclusions of the carried out analysis are the following: “obliged absence” and “simple absence” (art. 72.2 LC of the RF) are unacceptable for their application in relations on material responsibility of an employer before an employee; only simultaneous observance of an employer settled in the demands (conditions) in LC of the RF concerning to the annulment of labor agreement will testify on legality (lawfulness) of an employer’s dismissal that excludes the material responsibility of an employer. The special distribution of the author in the research is the scientific working out of definitions “lawful dismissal”, “illegal dismissal” and “simple dismissal”; introduction of some concrete offers directed to improvement of labor legislation regulating the material responsibility of an employer for illegal dismissal of an employee which will promote the acceleration of the legal mechanism of the hired worker labor rights and legal interests defense.

Viktor T.S., (2015), MATERIAL RESPONSIBILITY OF AN EMPLOYER BEFORE AN EMPLOYEE IN THE CASE OF HIS ILLEGAL DISMISSAL. Gaps in Russian Legislation, 2 => 80-85.

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employee, the employer, deprivation of the ability to work, liability, wrongful termination, a legitimate dismissal, the forced absence, simple, warranty.