of the employee. For all time of search of work, but no more than within three months
for the worker the average salary remains. [13].
Taking into account the content of part 2. article 3 and article 17 of the law of
Ukraine "On vacations" of 15.11.1996 № 504/96-BP a pregnant woman is granted
mandatory social leave in connection with pregnancy and childbirth only on the basis
of a medical opinion despite the urgency of her employment relationship. [14].
However, the legislator clarified that we are talking about unused vacation leave to
which she is entitled. In this case, the binding of the termination of the employment
contract until the end of the leave. However, in order to obtain it, the employee must
be in the status of an employee, and the employer at the time of the order of dismissal
must be informed of the pregnancy of the employee.
A relatively high level of legal protection is established in Uzbekistan (article
237 of the Labour code of the Republic of Uzbekistan), [15] where a pregnant woman
within three months after the termination of a fixed-term employment contract receives
the full amount of her salary, not a part of it.
The issue of employment of employees in case of liquidation of the employer is
solved differently in the legal literature. In particular, the scientist V. F. Puzyrnyi in his
dissertation research believes that the obligation of employment of workers with
additional guarantees in the event of dismissal on the initiative of the employer to
impose on specially authorized state bodies (state employment service, bodies of labor
and social protection of the population). [16] instead, academic Ionnikova I. A. [17]
proposes to determine the only case where dismissal is allowed on the initiative of the
employer liquidation of a legal entity, while the main remains mandatory their
employment. At the same time, the termination of entrepreneurial activity of an
individual is not taken into account by the author. The scientist Sitnitska O.A. focuses
attention on the fact that the employer has fulfilled his duty "from the moment of the
actual start of the person to a new job". [18, p. 14] at the same time, it is advisable to
correlate this statement with the conclusion of a new employment contract, because the
new job involves the performance of a new job function.
Therefore, compulsory employment does not imply the offer of another job to the
employee, namely the conclusion of a new employment contract, which would serve
as a documentary evidence of the fact of employment of the person. Accordingly, the
attempt to find employment if you follow the letter of the law is not the emergence of
individual labor relations with the employer.
Note that the effectiveness of this legal mechanism is critically assessed by the
scientist Sytnytska O.A. [18, p.16], considering that the effectiveness of the legal
guarantee would be determined by the highest amount of the severance pay for this
category of citizens. The main argument boils down to the fact that a modern employer
is deprived of the opportunity to employ an employee to another employer.
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