(<.>U=349.2:331.108.644.7<.>)

Silchenko, S. .
    Compliance by employers with the Labor Code of Ukraine: On the issue of dismissal for improper performance of work [Електронний ресурс] / S. Silchenko, O. Sereda, D. Kravtsov, I. Zinovatna, T. Krasiuk // Social and Legal Studios. - 2023. - Vol. 6, No. 4. - P. 217-225. - References : p. 223-225
   Перевод заглавия: Дотримання роботодавцями Кодексу законів про працю України: проблема звільнення за неналежне виконання роботи

УДК	349.2:331.108.644.7

РУБ DOI: 10.32518/sals4.2023.217

Аннотация: The relevance of the study of the legal regulation of dismissal of employees for improper performance of labour duties is due to the fundamental changes and reforms in labour legislation which require a more detailed study of the social and legal aspects of labour relations. The purpose of this study is to get acquainted with the procedure for dismissing employees, especially in the form of disciplinary proceedings for improper performance of duties. The study used a theoretical methodological approach, the method of legal hermeneutics, a formal legal, methodological approach, the method of deduction, the method of induction. In the course of the study, the characteristic aspects of labour relations in general, the specific features of the employment contract, and the procedures for dismissal for violation of relevant labour obligations in the framework of disciplinary proceedings were analysed. Modern judicial practice was considered, which provides an opportunity to analyse theoretical provisions in their reflection in the real practice of law enforcement in Ukraine to describe this particular procedure for dismissing an employee more thoroughly. The results of the study also identified certain problems in this area that may interfere with its effective functioning. These problems are related to the contradictory interpretation of legal norms regulating the procedure for dismissing an employee for improper performance of official duties. Therefore, to resolve this conflict of laws issue, the practice of the Supreme Court was considered, and the current legislation was analysed, which helps to provide explanations on all the features of the procedure for dismissing an employee legally. The study provides practical guidance for Ukrainian employers on how to properly dismiss employees for non-performance, ensuring compliance with the law, clear criteria for decision-making and the necessary documentation.

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