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Title

Decent Work from the Perspective of the Employer (Features of the Termination of the Employment Contract with the Head of a Separate Structural Unit of the Organization)

Authors

Ofman Elena Michailovna

Cad. Sc. Law, associate professor of the Department of Civil Law of the Ural branch of Russian State University of Justice, Chelyabinsk. 160, Pobedy Ave., 454074, Chelyabinsk. Е-маil: elena-ofman@yandex.ru

Section

Negotiation of the crisis and provision of decent and safe work

Issue

5/2014

Page

44-51

index UDC

349.227

index LBC

 

Abstract

On the basis of legal practice the author studies the question of termination of the employment contract with the head of the separate structural division of the organization on special grounds provided by items 9 and 10 of part 1 article 81 of the Labour Code of the Russian Federation and examines the issues related to the documentation accompanying the abovementioned terminations. The author determines mistakes made by employers terminating employment contracts with heads of the separate structural division. The author makes the conclusion about the absence of discrimination against heads of separate

structural units upon termination of their employment contract on the grounds provided by items 9 and 10 of part 1 article 81 of the Labour Code of the Russian Federation. The author proposes to consolidate the special grounds of termination of the employment contract in chapter 43 of the Labour Code of the Russian Federation.

Keywords

head of the separate structural division, termination of employment contracts, unjustified decision, single gross violation of labor duties, dismissal procedure.

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