Muslim Kh. Khassenov
M. Narikbayev KAZGUU University, Nur-Sultan, Kazakhstan, firstname.lastname@example.org, https://orcid.org/0000-0002-8064-1267
Abstract. In the context of the formation of a single legal space for the free movement of labor resources between the states of the Eurasian Economic Union (EAEU), the issues of legal regulation of termination of an employment contract at the initiative of the employer are in high demand.
The purpose of the work is to conduct a comparative legal study of the legislation of the EAEU states on issues related to dismissals at the initiative of the employer, to reveal gaps, collisions and compliance with international labor standards. For this, the author analyzed the relevant international standards and legislative norms.
The study used comparative legal and formal legal methods, analyzed the grounds and procedure for terminating employment relations at the initiative of the employer, based on four key criteria: notifications, severance pay, prohibitions (restrictions) and special conditions (guarantees). All grounds for dismissals were considered within the framework of four classification categories: economic, medical and qualification, disciplinary, and special (specific for certain categories of workers).
As a result of the study, it was revealed that some approaches to the legislative regulation of the termination of labor relations differ from each other, and also do not fully comply with international labor standards. In particular, this concerns unacceptable grounds for dismissals and non-compliance of the established guarantees to employees with the ILO conventions and recommendations. There have been revealed explicit violations of international obligations within the framework of the ILO, related to age discrimination and legislative consolidation of the possibility to fire persons called up for military service. The author concludes that the formation of the Eurasian labor market requires the harmonization of the labor legislation of the EAEU countries in terms of layoffs in accordance with minimum labor standards. Recommendations are formulated for improving the legislative basis for terminating an employment contract at the initiative of the employer.
Keywords: termination of labor relations, employer’s initiative, dismissal, international labor standards, International Labor Organization, labor legislation, Eurasian Economic Union, legal grounds, notice, compensation, severance pay
Acknowledgments. The study was carried out with the financial support of the Russian Science Foundation in the framework of a scientific project No. 19-18-00517.
For citation. Khasenov M. Kh. Grounds and Procedure for Termination of an Employment Contract at the Initiative of the Employer in the States of the Eurasian Economic Union within the Context of International Labor Standards. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 3, pp. 83—94. (In Russ.) DOI: 10.12737/jflcl.2022.038