Additional grounds of second employment labour contract termination

Abstract

The article devoted to the topical issues of additional grounds of second employ- ment labour contract termination. It is clarified that the additional grounds of second em- ployment labour contract termination do not meet the general principles and orientation of the legal regulation of labour relationships; and the formalization of the additional grounds of second employment labour contract termination in the acting and perspective sources of law is unsatisfactory. Corresponding recommendations and suggestions are set forth.
It is ascertained that termination of the second employment labour contract as a re- sult of restrictions of second employment should be qualified as termination of the labour contract as a result of employee’s non-compliance with the position set. Therefore the respective legal regime and legal guarantees should be applied to such cases of the second employment labour contract termination.
The termination of the second employment labour contract as a result of employing to the same position a person who is going to hold that position as a position of primary employment is considered to contradict the constitutional and international legal provi- sions about the right to work. Two variants are supposed for what concerns this ground of second employment labour contract termination. The first one assumes a total cancellation of such a ground. The second one assumes qualifying such cases of labour contract termi- nation as organizational dismissal (stuff reduction); therefore the respective legal regime and legal guarantees should be applied to such cases of the second employment labour contract termination.
Author also emphasizes that there it is reasonable to formalize the rules concerning second employment labour contract termination within the proper sources of labour law as soon as it is possible.
Keywords: second employment, additional grounds of second employment labour contract termination, right to work, labour legal guarantees, sources of labour law.