Consideration of the institute of dismissal of the worker on the initiative of the employer in labor law of the 1990s.

The Labour Code of the Russian Federation 1992 fixed the minimum changes in the regulation of workplace relations. However, a conscious choice of legislators had a limited influence on real practice. Irrespective of contents of labor legislation, it was observed poorly. Moreover, there was the approbation of former labor law constructions and mechanisms in an unusual context, the needs of labor market for these or those new institutes were comprehended. Consideration of the development of labor law extended also to problems of a regulation of cancellation of the employment contract on the initiative of the employer. Being extremely problem-plagued in public practice of the 1900s, the institute drew special attention of experts. Therefore, a part of lawyers put forward the ideas of basic decentralization of the relations of dismissal on the initiative of the employer. However, a number of authors stressed the need to preserve a former system of legal regulation of dismissal on the initiative of the employer, explaining it by a protective function of labor law. Instead of modernization of the legislation, it was offered to pay attention to the mechanisms of the enforcement of the right. The question of reduction of the list of grounds for dismissal on the initiative of the employer remains urgent nowadays. However, the guarantee mechanism of normal law enforcement requires the creation of system of labor courts. At the same time, the most vital issue of domestic enforcement of the right seems to be the low level of legal culture. With the collapse of the USSR, the problem of labor turnover disappeared from the polemic and official documents. S.A. Ivanov defended the concept of new balance for guaranteeing the rights and interests of the worker and employer under the dissolution of labor contract. He substantiated the idea of dual enforcement of the right depending on the content of the grounds for dismissal connected either with personal characteristics of an employee or economic needs of the employer. A.A. Fatuyev paid attention to textual imperfection of norms on providing other work to the person who was made redundant. A.I. Stavtseva contested legislative restriction of powers of labor union in questions of dismissal of the worker on the initiative of the employer. Both the branch of labor law and labor law science is characterized by evolutionary continuity. The developments of specialists of the 1900s based on the Soviet law school allowed developing the Labour Code of the Russian Federation. A balanced modern Russian labor law is obliged by the constructive contents to the scientific works created in the 1990s by such experts as R.Z. Livshits, S.A. Ivanov, A.I. Stavtseva, V.M. Lebedev, S.Yu. Golovina, E.B. Khokhlov, V.N. Tolkunova, T.Yu. Korshunova, Yu.P. Orlovsky, A.S. Pashkov, L.A. Syrovatskaya, I.Ya. Kiselyov and many other prominent scientists in the field of labor law.

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