Procedural Requirements of Terminating Employees Contract by Employer without Employee’s Fault in Foreign Countries

Abstract

Globalization in the economy affects the legal regulation, in particular the legal regulation of labour as one of the main business costs are the costs associated with employees, in particular wages, salary, other payments. Besides, investors are attracted by the ability to respond quickly to the changing situation in the economy. It depends in particular on the possibility to dismiss those employees abundant for enterprise development. At the current stage of world economic development, lawmakers have faced the challenge to maintain the attractiveness of local labour law for employers and at the same time strengthen the protection of labour rights, in particular termination the employment contract without employee's fault. Foreign lawmakers solve this issue in different ways. The purpose of the legal regulation is balancing the interests of employer and employee. The means of ensuring that balance differ. In particular, it depends on the specific legal regulations in each country. The criteria for the comparison were as follows: the form of preventing the termination of the employment contract; criteria for determining the notice period; the presence or absence of state authority notice of the employees; the need for coordination dismissal of employees with the state body. The main provisions of the procedural requirements for individual dismissals in Austria, France, Germany, Spain, Canada, Romania, France, Switzerland were analyzed. The legal regulation of the termination of the employment contract by the employer without the employee's fault in foreign countries is characterized by the following common features: the right of an employer to dismiss an employee on the grounds stipulated by the legislation in compliance with a specific procedural requirements; the lack of a disciplinary offense as a reason to disciplinary action, under which an employer may take such kind of disciplinary action as dismissal; the presence of notice to the employee to be dismissed. The analysis of legal regulation of terminating the employment contract allows selecting three models: the country with prevailing regulatory flexibility over rigidity; countries with dominating regulatory rigidity over flexibility; the country with a mixed approach.