LEGAL ASPECT OF EMPLOYEE’S DISMISSAL AT THE INITIATIVE OF EMPLOYER WITHOUT VIOLATION OF A LABOR CONTRACT BY A WORKER
( Pp. 182-185)

More about authors
Melnikova Anna S. kand. ekon. nauk, docent kafedry ekonomiki truda i upravleniya personalom
The Ural State University of Economics Koropets Olga A. kand. psih. nauk, docent kafedry ekonomiki truda i upravleniya personalom
The Ural State University of Economics Tonkikh Natalia V. kand. ekon. nauk, docent kafedry ekonomiki truda i upravleniya personalom
The Ural State University of Economics
Abstract:
The subject of the featured article is the legal aspect of employee’s dismissal at the initiative of employer without any violation of a labor contract by a worker. The research aims to estimate risk of repudiating the contract and gives recommendations to both sides. The article is based on the legal precedents and the labor legislation of the Russian Federation. Methods that were used during the research are: logical analysis, systematic analysis and rather-legal analysis. The research is relevant due to low employee’s knowledge of the labor legislation. Most of employers consider that worker’s dismissal is a one-sided process and often violate the law. Present-day precedents show that courts take the side of employee in such cases. Often dismissal of a worker is caused by economic reasons. Abiding the law in such cases could minimize risk and lower the social tension in collective. The article observes only narrow range of problems, which occur between sides during termination of employment. The following research is aimed at enlightening gaps in labor relations during dismissal of workers of different categories. Recommendations given in the article could be applied during reduction of personnel in Russian enterprises of all sizes and kinds. It is important to understand that dismissal of workers could have serious social implications because when a person becomes unemployed and loses his wage and confidence, his professional skills and self-esteem declines. Dismissals rise social tension in a collective and lower motivation of workers. Social effect of unemployment is rising of social expenditures and dependent mentality. The article is oriented on wide range of specialists. It is useful for employers, who could lower risk during reductions of personnel, carry out a dismissing procedure according to legal terms and avoid future proceeding. Employees, who face dismissal at the initiative of employer, could get recommendations on standing upon their rights and reduce social and economic implications.
How to Cite:
Melnikova A.S., Koropets O.A., Tonkikh N.V., (2017), LEGAL ASPECT OF EMPLOYEE’S DISMISSAL AT THE INITIATIVE OF EMPLOYER WITHOUT VIOLATION OF A LABOR CONTRACT BY A WORKER. Economic Problems and Legal Practice, 5 => 182-185.
Reference list:
Egorov V.I., KHaritonova YU.V. Trudovoy dogovor Izdatel stvo: M.: Knorus, 2009. 456 s
Konsul tantPlyus, 1992-2017. Elektronnyy resurs: http://www.consultant.ru/law/podborki/prinuzhdenie k uvolneniyu/
Nabiev E.E. Sootnoshenie ponyatiy (terminov): prekrashchenie i rastorzhenie trudovogo dogovora, uvol nenie s raboty i otstranenie ot raboty. Moskva: Izdatel skiy dom YUr-VAK , 2009. №4. S.198-201
Sal nova O. Osnovaniya dlya uvol neniya rabotnikov po initsiative administratsii: real nye vozmozhnosti i illyuzii // Kadrovye resheniya. №3. 2010. S.34-38
Trudovoe pravo. Entsiklopedicheskiy spravochnik / Pod red. Ivanova S.A. M.: Sovetskaya Entsiklopediya, 1979. s. 344.
Fedorova A.E., Katashinskikh V.S., Dvorzhakova Z. Prekarizatsiya trudovykh otnosheniy kak faktor sotsial nogo zagryazneniya. Ekonomika regiona. 2016. T. 12. № 3. S. 802-814.
Keywords:
dismissal, staff reductions, employee, the employer, employment contract.


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