THE DIFFERENCES OF THE TERMINATION OF AN EMPLOYMENT CONTRACT FROM THE CONCEPT OF ITS SUSPENSION DURING THE PERIOD OF MARITAL STATE: CURRENT ASPECTS

Abstract

The article is devoted to the actual aspects of the search for distinguishing signs of the termination of the employment contract from the amendment of the labor legislation on the suspension of the employment contract for the period of martial law. Within the framework of the study, the author examines theoretical issues of both the institution of suspension of labor relations and the institution of termination of labor relations. At the same time, the main attention is paid to the identification of distinctive features between these categories, through the characterization of the conceptual apparatus, the clear definition of the conditions and the order of application of this or that institution. A number of normative legal acts, both current legislation and normative legal acts of the Republic of Moldova and the Republic of Lithuania, have been worked out, it is suggested to pay attention to the experience of these countries in the development of the issue of suspension of the employment contract in the draft Labor Code of Ukraine. An analysis of scientific research by leading specialists in the science of labor law has been carried out, their most important hypotheses and scientific as-sets are given. It was emphasized that the legality of suspending the employment contract under mar-tial law requires the simultaneous presence of several conditions, such as: 1) the fact of armed aggression and the existence of the legal regime of martial law; 2) absolute impossibility of providing work by the employer and performing work by the employee. At the same time, the shortcoming of the relevant legal norm is the lack of a clear definition or at least signs of the impossibility of the parties to the employment contract fulfilling their obligations. The study of the problem was carried out thanks to the application of methods of comparison, abstraction, analysis and generalization, as well as the method of system-structural research. In the conclusions, the shortcomings of the legal norm regarding the suspension of la-bor relations are identified, and the established material responsibility of the employer to the employee in case of recognition of such suspension as illegal is emphasized. The necessity of making changes to the labor legislation in order to guarantee employees the right to cancel the suspension of the employment contract is substantiated.