Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code

Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.

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ТРУДОВИЙ ДОГОВІР ЯК СУЧАСНА ФОРМА РЕАЛІЗАЦІЇ ПРАВА НА ПРАЦЮ: ПЕРСПЕКТИВИ ПРАВОВОГО ВРЕГУЛЮВАННЯ

Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право" ◽

10.34142/23121661.2019.30.03 ◽

2019 ◽

pp. 35-39

Author(s):

Г. О. Вайленко

Keyword(s):

Labor Relations ◽

Professional Activity ◽

Direct Link ◽

Employment Contract ◽

Right To Work ◽

Labor Legislation ◽

The Future ◽

Legal Fact ◽

The Right ◽

Dynamic Context

The purpose of the paper is to characterize the employment contract as a form of realization of the right to work and outline the prospects for resolving it as a legal fact of the emergence of labor relations in the form of proposals in the future Labor Code of Ukraine. The author analyzes contemporary scientific thoughts on understanding the right to work, an employment contract as a form of realization of the right to work, which become the basis for their own conclusions. The author substantiates the scientific position on the dynamic context of understanding the right to work, which simultaneously takes into account a very powerful sphere of existence and the development of the right to work in realization: to choose the sphere of the future and activities and to specify the right to work through this choice. There is a direct link between the chosen activity and the content of the right to work. it is concluded that the Constitution of Ukraine, based on international normative legal acts, establishes a formula for the right to work with certain unknowns, and the type of professional activity determines these unknowns. Proposals on improvement of labor legislation are given.

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On the issue of the scope of application of labor legislation in the Republic of Kazakhstan

Bulletin of the Innovative University of Eurasia ◽

10.37788/2021-1/57-64 ◽

2021 ◽

Vol 81 (1) ◽

pp. 57-64

Author(s):

A. Kasymova ◽

◽

M. Zhandeldinova ◽

Keyword(s):

Labor Relations ◽

Labor Law ◽

Joint Stock Company ◽

Employment Contract ◽

Legal Method ◽

Right To Work ◽

Labor Legislation ◽

Scope Of Application ◽

The Republic ◽

The Right

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

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Legal Research on the Right to Rest of Laborers

Journal of Politics and Law ◽

10.5539/jpl.v9n7p214 ◽

2016 ◽

Vol 9 (7) ◽

pp. 214

Author(s):

Min Song

Keyword(s):

Sustainable Development ◽

Law Enforcement ◽

Trade Union ◽

Central Government ◽

Labor Relations ◽

Mutual Understanding ◽

Legal Research ◽

The Sustainable Development ◽

The Government ◽

The Right

In 2015, the central government issued a document on building the harmonious labor relations, which emphasized the right to rest of workers and rectified the current severe imbalance of labor relations. This document released a signal to guarantee the sustainable development of the labor force for the future. These measures, such as relative departments perfecting the legislation and law enforcement, the trade union performing their duties actively, employing units and workers raising their awareness and enhancing mutual understanding and branches of the government cooperating, can realize the right to rest of workers to the greatest extent possible.

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PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

INDIVIDUAL. SOCIETY. STATE. Proceedings of the International Student and Teacher Scientific and Practical Conference ◽

10.17770/iss2019.5275 ◽

2019 ◽

pp. 121

Author(s):

Alexandra Borimecicova

Keyword(s):

Russian Federation ◽

Labor Relations ◽

Migration Policy ◽

Legal Analysis ◽

Distinctive Features ◽

Work Permit ◽

Right To Work ◽

The Status ◽

The Russian Federation ◽

The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

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6. Termination of the Employment Contract at Common Law

Smith & Wood's Employment Law ◽

10.1093/he/9780198793243.003.0006 ◽

2017 ◽

Author(s):

Ian Smith ◽

Aaron Baker ◽

Owen Warnock

Keyword(s):

Detailed Analysis ◽

Common Law ◽

Employment Law ◽

Employee Rights ◽

Employment Contract ◽

Unfair Dismissal ◽

The Press ◽

The Right ◽

Wrongful Dismissal

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.

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MODERN APPROACHES TO ENSURING GENDER BALANCE IN THE EXERCISE OF THE RIGHT TO WORK

Law Journal of Donbass ◽

10.32366/2523-4269-2020-73-4-53-59 ◽

2020 ◽

Vol 73 (4) ◽

pp. 53-59

Author(s):

Tetiana Koliesnik ◽

Keyword(s):

Public Policy ◽

Sustainable Development ◽

Gender Equality ◽

Sustainable Development Goals ◽

Gender Issues ◽

Gender Balance ◽

Right To Work ◽

Development Goals ◽

The Right ◽

Ukrainian Society

The purpose of this article is to analyze the challenges in complying with principles of gender balance in the exercise of the right to work in the framework of international gender standards adopted by Ukraine. Given current development stage of Ukrainian society along with issues of economic stabilization, it is equally important to ensure Ukraine's transition to sustainable social development, which in turn requires public policy making with due regard given to gender component, i.e., evaluation of public policy strategy in terms of gender equality. Shaping and improving public's understanding of the objectives of state policy in the field of gender equality contributes to achieving Global Sustainable Development Goals proclaimed by the UN and supported by Ukraine in accordance with the Decree of the President of Ukraine "On Sustainable Development Goals until 2030". National Action Plan for the Implementing Recommendations Set Out in the Final Observations of UN Committee on the Elimination of Discrimination against Women to the Eighth Periodic Report of Ukraine on the Implementation of the Convention on the Elimination of All Forms of Discrimination against Women for 2021 was approved. According to Global Report of the World Economic Forum, in 2019 Ukraine ranked 59th (out of 153 countries) as to gender gap index. Education and health indicators are high, but political involvement and economic opportunities are declining. Manifestations of inequality, gender discrimination and violence are present in public life - these are gender stereotypes that are often played down in Ukrainian society, which is a negative trend. Along with having strong women's movement and women's organizations in Ukraine, it is necessary to recognize insufficient number of organizations focusing on protection of men's rights, which may be a consequence of de facto absence public discussions about discrimination against men. In view of the above, it should be noted that achieving gender balance is not only an international legal obligation, it is also necessary to achieve the goals of national development of our state. Implementation of basic principles of gender issues is a fundamental factor in protecting labor rights as well as the basis for building a safer society and strengthening the rule of law. Based on the results of the analysis, a number of respective measures aimed at ensuring gender balance in Ukraine were identified. The norms of the current legislation, the ILO Convention and EU anti-discrimination directives related to gender issues are analyzed. Indicators of gender inequality in Ukraine were studied in accordance with UN and the State Statistics Committee data.

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CERTAIN ISSUES OF LEGAL REGULATION OF LABOR IN QUARANTINE

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-11-7699 ◽

2018 ◽

Author(s):

Leonid Ostapenko ◽

Keyword(s):

Comparative Analysis ◽

Working Conditions ◽

Labor Relations ◽

Labor Law ◽

Legal Regulation ◽

Remote Work ◽

School Work ◽

Right To Work ◽

The World ◽

The Right

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.

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Freedoms of work as value of the right and consequence of its realization

Russian Journal of Legal Studies ◽

10.17816/rjls18098 ◽

2015 ◽

Vol 2 (4) ◽

pp. 191-196

Author(s):

I Р Chikireva

Keyword(s):

Labor Relations ◽

Legal Regulation ◽

Direct Impact ◽

Employment Contract ◽

Service Contract ◽

Labor Legislation ◽

Remote Workers ◽

The Right ◽

Civil Contract

In article it is noted that freedom of work defined by the Constitution, had direct impact on development of variety of forms of application of work. The greatest volume of privileges and guarantees is provided for the citizens which activity is issued by the service contract and the employment contract, minimum - for the persons working on the contract of civil character. Problems of legal regulation of the atypical labor relations, work of loan and remote workers, psychological prosecution at («mobbing») work are considered. If the atypical labor relations are actually issued by the civil contract, possibility of recognition their labor on the basis of article 11 of the Labour code is minimum. The constitutional freedom of work affected that the labor relations became more flexible, having changed and quantitatively (by types), and is qualitative (on signs, subjects, object and the contents), but changes have to take place in the certain limits caused by socially directed purposes and tasks of the Constitution and the labor legislation.

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