What are the requirements for employers to provide information about the reasons for dismissal...?

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... an employee? How is compliance with these requirements monitored?

26.05.2023 18:28 631

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Photo of sikorsky.y.o Yaroslav Sikorsky

The Code of Labor Laws of Ukraine provides a list of reasons when an employer can fire an employee on his own initiative.

The dismissal order must include a reference to the article of the above-mentioned law under which you are dismissed. Since you are required to familiarize yourself with this order, you will know the reason for your dismissal.

According to the requirements of Article 40 of the Labor Code, an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before the expiration of its validity period, can be terminated by the employer only in the following cases:

  • changes in the organization of production and work, including liquidation, reorganization, bankruptcy or repurposing of an enterprise, institution, organization, reduction in the number or staff of employees;

  • revealed inadequacy of the employee to the position held or the work performed due to insufficient qualifications or a state of health that prevents the continuation of this work, as well as in the case of refusal to grant admission to state secrets or cancellation of such admission, if the performance of the duties assigned to him requires access to state secrets;

  • systematic non-fulfillment by the employee without good reason of the duties assigned to him by the employment contract or the rules of the internal labor procedure, if disciplinary sanctions were previously applied to the employee;

  • absenteeism (including absence from work for more than three hours during the working day) without valid reasons;

  • failure to report to work for more than four months in a row due to temporary incapacity, not counting maternity leave, unless the legislation establishes a longer period of retention of the workplace (position) in the event of a certain illness. For employees who have lost their ability to work due to an occupational disability or occupational disease, their place of work (position) is retained until their ability to work is restored or their disability is established;

  • reinstatement of an employee who previously performed this job;

  • appearing at work in a drunken state, in a state of narcotic or toxic intoxication;

  • committing theft (including small) of the employer's property at the workplace, established by a court verdict that has entered into force, or by a decision of a body whose competence includes the imposition of an administrative fine;

  • draft or mobilization of an employer - a natural person during a special period;

  • establishment of the employee's incompatibility with the position he was hired for or the work performed during the probationary period.

26.05.2023 22:11

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