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Bulletin of Abai KazNPU. Series of Jurisprudence

CONSIDERATION OF LABOR DISPUTES ON TERMINATION OF AN EMPLOYMENT CONTRACT AT THE INITIATIVE OF THE EMPLOYER IN COURT

Published June 2023
Abai Kazakh National Pedagogical University
Abstract

In the article, the absence of a reasoned opinion of a trade union body when bringing to disciplinary responsibility a member of an elected trade union body who, at the initiative of the employer, terminated an employment contract or was not released from his main job, is an unconditional basis for satisfying the requirement for reinstatement at work. Having established that the employee was dismissed on an illegal basis or in violation of the procedure provided for by law, the court, by its decision, restores him to his former job and collects wages from the defendant in favor of the plaintiff for forced free time or the difference in wages for the entire time of performing low-paid work. This article discusses the consideration in court of individual labor disputes on the termination of an employment contract at the initiative of the employer in connection with the guilty actions of the employee.

pdf (Қазақ)