Factual Constitutions as Grounds for Termination of Labor Relations

Abstract

Factual constitution as a legal fact is characterized by at least two things: first, only all its constituent elements in unity can be the ground for the rise of the legal relationship it is assigned to; second, each element can be the ground for the rise of its independent legal relation. From the point of view of the subject, by whose will the labor contract is abrogated, all legal facts which are the grounds for termination of labor legal relations can be divided into three groups. The first group unites those legal facts which are presented by mutual will of the parties to the labor contract. The second group covers legal facts which are formed by a unilateral will of one of the parties to the labor contract or in which such a will plays the role of one of the elements of a complex legal fact. The third group includes in its constitution legal facts aroused by a will of the subject other than the parties of the labor contract.

Keywords:

termination of the labor contract, labor legal relations, factual constitution, complex factual constitution, abrogation of the labor contract