Понятие вакансии при расторжении трудового договора

Российский юридический журнал. 2020. № 3. С. 135–142.

Харитонов М. М.

The Labour Code of the Russian Federation provides for the employer's obligation to offer available vacancies before deciding on termination of the employment contract on certain grounds. However, the meaning of the term "vacancy" is not defined by the law. In the legal literature and law enforcement practice, the vacancy is defined as a position (work) provided for by the staffing schedule of the organization, which is free, i. e. not occupied by any employee of the organization. At the same time, this definition leads to contradictions and problems in the current system of legal regulation. The article proposes a new definition of a vacancy in case of termination of the employment contract: it is a need manifested by the employer to conclude an employment contract for a certain employment function. The author shows why this definition is more correct and convenient than the existing one.

Keywords: расторжение трудового договора, вакансия, vacancy, защита от безработицы, Termination of the employment contract, vacant seat, protection against unemployment, вакантное место