The basic grounds:
Art. 40 of Labor Code of Ukraine - "Termination of Labour Contract
on the Initiative of Owner of Authorized by Him/Her Body":
Labour contract entered into for
indefinite period of time, as well as term labour contract prior to completion
of its validity period may be terminated by the owner or authorized by him/her
body only in the following cases:
1) changes in production and labour
organization, including liquidation, reorganization, bankruptcy or conversion
of enterprise, institution, organization, reduction of number or staff of
employees;
2) revealed inconsistency of the employee
with job or with work performed as the result of insufficient qualification or
state of health which prevent continuing this work, as well as in case of
cancellation of access to state secret, if fulfilment of obligations imposed on
him/her requires an access to state secret;
3) systematic failure to fulfil by the
employee without good reasons obligations imposed on him/her under labour
contract or internal regulations, if disciplinary or civil sanctions have been
previously applied thereto;
4) absence from work (including absence
from work for over three hours during the working day) without good reasons;
5) absence from work within more than four
successive months as the result of temporary disablement, except for maternity
leave, unless longer period of workplace (office) preservation at particular
disease established by legislation. Employees who lost capability in connection
with labour injury or occupational disease shall retain their workplace
(office) until rehabilitation or establishment of disablement;
6) reinstatement in a job of the employee
who had been previously performing this work;
7) showing up for work intoxicated with
alcohol, narcotics or other toxic substances;
8) on-the-job embezzlement (including
petty one) of owner’s property established by court judgment that became
effective, or by resolution of the body which competence includes imposing
administrative sanction or taking measures of social influence.
Dismissal of the employee on the
initiative of the owner or
authorized by him/her body shall not be allowed within the period of his/her
temporary disablement (except for dismissal according to clause 5 of this
Article), as well as within the period of his/her staying on leave. This rule
shall not apply to cases of full liquidation of enterprise, institution or
organization.
The additional Grounds:
Art. 41 of Labor Code of Ukraine - "Additional Grounds for
Termination of Labour Contract on the Initiative of Owner or Authorized by
Him/Her Body with Particular Categories of Employees under Certain Conditions":
In addition to grounds prescribed by
Article 40 of this Code, the contract may be terminated on the initiative of
the owner or authorized by him/her body in the following cases:
1) single gross violation of labour
obligations by the director of enterprise, institution or organization of all
forms of ownership (subsidiary, representative office, division and other
separated subdivision), his/her deputies, chief accountant of enterprise,
institution or organization, his/her deputies, as well as officials of customs
authorities, state tax inspectorates who were given personal ranks, and
officials of state supervision and auditing service and state authorities
exercising control over prices;
1-1) guilty actions of the director of enterprise,
institution or organization which resulted in untimely salary payment or in the
amounts lower than minimum salary amount established by legislation;
2) guilty actions of employee directly
servicing monetary, commodity or cultural valuables, if these actions give
reasons to loose trust thereto on part of the owner or authorized by him/her
body;
3) commitment by the employee who fulfils
educational functions of immoral act being incompatible with continuing this
work.
Important Note: The current legislation of Ukraine are constantly amended.
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