The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal

The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine, namely, Article 41 of the said Code establishes a new additional ground for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions - the impossibility of providing the employee with the work specified in the employment contract due to with the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities. During the analysis of the new basis, the guarantees provided to employees upon such dismissal, the possibility of its application to officials, as clearly defined by law categories of employees of legal entities, state bodies, and local self-government bodies, were considered. Since the Labor Code of Ukraine was amended specifically to Article 41, which defines additional grounds for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions, the interpretation of the terms «general» and «additional» was considered and attention was focused on the rationality of the use of the term «special». It is also noted that the new ground for termination of the employment contract at the initiative of the employer is not an addition to the adjacent or other ground, it is the same basic one, which provides for a certain procedure for termination, providing employees with the guarantees provided for by law, and concerns certain categories of employees, in particular, officials. During the study of a new ground for terminating an employment contract at the initiative of the employer, the question of the expediency of its attribution to special grounds for dismissal is considered, and attention is focused on justified propriety and the inclusion of the specified grounds for dismissal among the general grounds for dismissal, which are provided for in Article 40 of the Labor Code of Ukraine.