Ekaterina Batusova 1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Procedural Requirements of Terminating Employees Contract b yEmployer without Employee Fault in Foreign Countries

2016. No. 3. P. 159–171 [issue contents]
Globalization in the economy affects the legal regulation, in particular the legal regulation of labour asone 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 situationin the economy. It depends in particular on the possibility to dismiss those employees abundant forenterprise development. At the current stage of world economic development, lawmakers have facedthe challenge to maintain the attractiveness of local labour law for employers and at the same timestrengthen the protection of labour rights, in particular termination the employment contract without employee’sfault. Foreign lawmakers solve this issue in different ways. The purpose of the legal regulationis 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 wereas follows: the form of preventing the termination of the employment contract; criteria for determiningthe notice period; the presence or absence of state authority notice of the employees; the need for coordinationdismissal of employees with the state body. The main provisions of the procedural requirementsfor individual dismissals in Austria, France, Germany, Spain, Canada, Romania, France, Switzerlandwere analyzed. The legal regulation of the termination of the employment contract by the employer withoutthe employee’s fault in foreign countries is characterized by the following common features: the rightof an employer to dismiss an employee on the grounds stipulated by the legislation in compliance witha 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 noticeto the employee to be dismissed. The analysis of legal regulation of terminating the employment contractallows selecting three models: the country with prevailing regulatory flexibility over rigidity; countrieswith dominating regulatory rigidity over flexibility; the country with a mixed approach.
Citation: Batusova E. (2016) Poryadok rastorzheniya trudovogo dogovora po initsiative rabotodatelya pri otsutstvii viny rabotnika v zarubezhnykh stranakh [Procedural Requirements of Terminating Employees Contract b yEmployer without Employee Fault in Foreign Countries ]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 159-171 (in Russian)
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