Review of socialist law最新文献_第5页

CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS 劳动关系解除的概念和本质

Review of socialist law Pub Date : 2019-04-23 DOI: 10.37440/soclaw.2019.02.25

M. Komarnitskaya

{"title":"CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS","authors":"M. Komarnitskaya","doi":"10.37440/soclaw.2019.02.25","DOIUrl":"https://doi.org/10.37440/soclaw.2019.02.25","url":null,"abstract":"The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as \"termination\" and \"labor relations. \". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term \"cease\" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.","PeriodicalId":82482,"journal":{"name":"Review of socialist law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88464243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}