RU

Keyword: «dismissal»

The disclosure by the employee of the personal data of other employees is the basis for the application of disciplinary action to him in the form of dismissal. However, the behavior of the employee should not be assessed formally and the purpose of the dissemination of personal data should be taken into account, among other things. In this article, the author highlights the legally significant circumstances that will contribute to finding a balance between the right to freedom of speech, the right to work and the right to privacy.
The relevance of this article is expressed in the fact that the termination of service in the bodies and organizations of the Prosecutor's Office of the Russian Federation is unsettled. This procedure contains features, taking into account which it is impossible to be guided only by the Labor Code of the Russian Federation and the Federal Law «On the Prosecutor's Office in the Russian Federation». The author analyzed the doctrine, legislation and judicial practice in the area under study, which at this stage of time are guided by the bodies and organizations of the prosecutor's office in the Russian Federation.
. In this publication, the authors consider the issue of applying criminal penalties for illegal refusal to hire and illegal dismissal from work. This category of offenses is one of the most significant and serious in the field of labor law, and therefore, when committed against a certain group of individuals, it is considered a socially dangerous act. The paper examines the development of the legal framework during the Soviet period and highlights its current state. Based on the results of the study, the authors have made a number of conclusions and suggestions that can be used in the process of further development of legislation in the field under consideration and the practice of its application.