Concept and Criteria for Forced Dismissal

The work is devoted to the study and solution of the problem of the concept of “coercion” terminating an employment contract. Currently, neither the legislation nor the court practice know, what exactly is meant by “compulsion” when the employee makes a to terminate the employment contract with the employer. The work consistently that the approaches used to this phenomenon are not universal and do not offer for the analysis and resolution of all possible situations. The author found that ascertaining whether there was coercion to dismissal or not, it is not a matter of “violence against the will”, but of creating a special situation of choice. This means that wrong one is “wrong” to the “forced” deal, and one in which one of the counterparties created a situation in which the other party to the transaction should choose known losing strategies and return to the point before the appearance of this , he can not. The paper proposes four formal-logical models for determining the proposed choice is knowingly losing or not with a formally legitimate threat (that is, when the realization of a threat is not an act that is prohibited by law). It also offers exhaustive explanation of why the victim, under a formally wrongful threat, always between knowingly losing strategies. The developed models are applied by author to eight hypothetical situations of compulsion to dismissal to illustrate their applicability. Also, the work considers possible exceptions from the scope of proposed models.