Снижение государственных гарантий в регулировании расторжения трудового договора по инициативе работодателя

Вестник Воронежского государственного университета. Серия: Право. 2025. № 1. С. 129–138.

Buyanova M.

Еxamining the relationship between the concepts of termination of an employment contract and its termination, the conclusion is substantiated that the use of the term «termination of an employment contract» in clauses 3 and 4 of Part 1 of Article 77 of the Labor Code of the Russian Federation to designate the grounds for termination of an employment contract at the will of one of its parties is incorrect and does not correspond to the content of the meaning of labor legislation, this concept is included in other norms of the Labor Code of the Russian Federation, In this regard, it is proposed to make appropriate changes to the Labor Code of the Russian Federation. It is proved that with the adoption of the Labor Code of the Russian Federation, the tendency to strengthen the interests of the employer in the field of termination of employment relations began to prevail. The analysis of the legal positions of the Constitutional Court of the Russian Federation led to the conclusion that in regulating the termination of an employment contract at the initiative of the employer, a certain transformation of the goals and objectives of labor legislation was clearly manifested (there is a bias from balancing the interests of the employee and the employer towards greater protection of the rights and interests of the employer by reducing guarantees for the protection of labor rights and interests of employees). maximum protection of the employee’s interests as the weakest side of labor relations.

Keywords: трудовой договор, расторжение трудового договора, termination of employment contract, employment contract, termination of an employment contract, consent of an elected body of a trade union organization, consideration of the opinion of an elected body of a trade union organization, прекращение трудового договора, согласие выборного органа профсоюзной организации, учет мнения выборного органа профсоюзной организации