Implementation of Guarantees for the Protection of Employees' Labor Rights during Termination of the Employment Contract in Ukraine

Abstract

The article examines the legal mechanism for implementing guarantees for the protection of employees' labor rights during the termination of anemployment  contract in Ukraine. The author emphasizes that the guarantees provided by labor legislation play a key role in ensuring fairness and balancing the interests of the parties in labor relations, especially at the stage of termination, when the employee is in a vulnerable position. The main body of the study is based on the analysis of current legislation, in particular Articles 36, 38, 39, 40, 41, 42, 43, 44, 49-2, and 233 of the Labor Code of Ukraine, as well as provisions of international instruments such as ILO Convention No. 158 and Recommendation No. 166. The article distinguishes between the concepts of "termination" and "dismissal" of an employment contract, which is of significant importance for the qualification of the legal actions of the parties to labor relations. It presents the views of leading Ukrainian legal scholars on the meaning of these terms, as well as the positions of the Supreme Court of Ukraine, which demonstrate the practical implementation of the relevant guarantees in the judicial sphere. Particular attention is paid to the grounds for dismissal under Paragraph 1 of Article 40 of the Labor Code of Ukraine — changes in the organization of production and labor — which is the most common reason under current conditions. The article analyzes th eemployer’s obligations regarding notifying the employee of dismissal, offering alternative work, paying severance compensation, observing the preferential right to remain employed, and interacting with trade unions. The article also reveals the peculiarities of applying guarantees under martial law, when certain norms — particularly those related to trade union consent — may be temporarily suspended. The study includes a comparative legal analysis of approaches to guarantees   in cases of dismissal for economic reasons in European Union countries, particularly Germany and Sweden. It is noted that the European experience is characterized by a broader range of procedural guarantees and collective protections, which may be considered in the improvement of Ukrainian labor legislation. In conclusion, the author highlights the need to improve the legal mechanism for the implementation of labor guarantees in Ukraine by strengthening procedural standards, aligning them with international obligations, and adapting to the conditions of martial law without narrowing the scope of labor rights.