Peculiarities of the international legal regulation of termination of the employment contract at the initiative of the employer

The article examines the peculiarities of the legal regulation of the international legal regulation of the termination of the employment contract at the initiative of the employer. The opinion is expressed that the fundamental international acts adopted in this area, in particular, the ILO Convention No. 158 of 1982, the ILO Recommendation No. 166 of 1982, the European Social Charter (updated) of 1996, are aimed at finding a balance between the employer’s exercise of his right on the dismissal of employees depending on certain established reasons and ensuring their right to protection against discriminatory and unjustified dismissal. It has been established that, unlike the European Social Charter, the norms of Convention No. 158 are somewhat stricter, as they establish single unifying provisions regulating the dismissal of workers, which in most cases may not always meet the interests of some ILO member states. It is noted that the contents of Convention No. 158, ILO Recommendation No. 166 and the European Social Charter do not always contain identical approaches to the regulation of labor relations. This applies to the issues of early warning of the employee about future dismissal, the period of notice of dismissal, justification of the decision to terminate the employment contract with the employee, payment of severance pay upon dismissal, payment of monetary compensation in case the dismissal of the employee is recognized as illegal, and consultation of the employer with the representatives of the employees. Based on the analysis of scientific points of view and legislation, the author comes to the conclusion that international labor standards are necessary to ensure the stability of labor relations, however, in modern conditions, they require a transformation regarding the flexible regulation of the balance of interests of the parties in the event of the termination of such relations.