SOME ISSUES OF TERMINATION OF THE EMPLOYMENT CONTRACT IN CONNECTION WITH THE LIQUIDATION OF THE ENTERPRISE

Abstract

Ensuring the constitutional right of citizens to work is guaranteed not only by concluding or changing an employment contract, as well as by working on this basis, but also by clear and complete legal regulation of the procedure for termination of an employment contract in legislation. A clear definition of the procedure and principles of termination of an employment contract is, on the one hand, a means of legal protection against unjustified termination of employment relations, and on the other, a mechanism for ensuring the implementation of the constitutional norm that work is not an obligation, but a right. In this article, based on the results of the analysis of national legislation and scientific literature, the author reveals the specifics of the “liquidation of an enterprise" foundation – one of the types of termination of an employment contract at the initiative of the employer, when applying which mistakes and shortcomings are made in practice, and also makes suggestions for improving this foundation.