ЗВІЛЬНЕННЯ ПРАЦІВНИКІВ ЗА ПОРУШЕННЯ ТРУДОВОЇ ДИСЦИПЛІНИ: ПІДСТАВИ ТА ГАРАНТІЇ

Among the large number of relationships that exist in society, one of the most common are labor relationships, and each person, in one way or another, participates in them, both from the side of the employee who is looking for means for earning and a proper existence and from the side of the employer who offers such persons work. Labor legislation establishes a large number of guarantees when entering into employment relations. Their existence, however, is the most important are the guarantees during dismissal since currently, there are common cases of unmotivated and groundless dismissal of employees for one reason or another or non-compliance with the specified statutory dismissal procedure. It is worth noting that the greatest risks of non-compliance with the relevant procedures and abuse during the dismissal of an employee exist when such termination of employment is carried out at the initiative of the employer, in particular for violation of labor discipline, since the employee de facto cannot influence the order and procedure of his dismissal. Usually, frequent cases and reasons for dismissal of an employee at the initiative of the employer are the dismissal itself for violation of labor discipline. It is possible to reduce or make impossible the risk of illegal dismissal of an employee by establishing clear and specific grounds for dismissal, as well as by observing guarantees. The article is devoted to the study of the grounds and guarantees of the rights of employees during dismissal for violation of labor discipline. The article clarifies the specific legal grounds that are used to fire employees for violating labor discipline and a number of legislative guarantees of the rights of employees in the event of dismissal for violating labor discipline, and it is also suggested to supplement them. The article also contains an assessment of judicial practice regarding the application of guarantees of the rights of employees at the time of dismissal in terms of the levelling of these guarantees by the court