THE GROUNDS FOR TERMINATION OF AN EMPLOYMENT AGREEMENT INITIATED BY THE EMPLOYER IN THE CASE OF EMPLOYEE’S BREACH OF HIS OR HER EMPLOYMENT DUTIES, ACCORDING TO THE LABOUR CODE OF UKRAINE DRAFT BILL

Abstract

With reference to the revitalization of the drafting the Labour Code of Ukraine bill (LC) process
by Verkhovna Rada of Ukraine, the issues of the legal regulation of labour discipline, in particular the grounds for
disciplinary dismissal – the termination of the employment agreement initiated by the employer in the case of employee’s
failure to perform or improper performance of the employment duties, are extremely time-sensitive, because exactly this
reasoning is the most painful probable scenario for termination of employment relations. In particular the dismissal for
violation of labour discipline by an employee mostly often leads to discrimination of these employees at the next job
placements.
Serious attention is paid to the issues of legal regulation of the termination of the employment agreement in the LC
draft bill, and ILO experts, in particular, stress the necessity to bring the draft bill in accordance with regulations of
international law and European case law.
Numerous, sometimes situational, amendments to the current Code of Laws on Labour, to this part, in particular,
a significant extension of the grounds for termination of the employment agreement initiated by the employer, among
other grounds the employee’s breach of his or her labour duties, either do not contribute to the accurate application of the
regulations and the unity of judicial practice.
These all requires a rethinking of the provisions regulating both the institution of labour discipline in general, and the
provisions containing specific grounds for the termination of the employment agreement with the employee in the case
of failure to perform or improper performance of his or her employment duties