TO THE QUESTION OF CANCELLATION OF THE LABOR CONTRACT WITH THE HEAD OF THE ORGANIZATION
In article, addressing generally to a problem of cancellation of the labor contract with the head of the organization, an attempt to define a circle of problems which courts face at consideration of such category of cases is made. Uncertainty of the legal maintenance of P. 2 Art. 278 of Labor Code of the Russian Federation allows the employer to hide real reasons for leaving, and also exempts from need of their justification. The conclusion is drawn on need of recognition of item 2Art. 278 of the labor Code of the Russian Federation become invalid as this norm contradicts the fundamental principles of the international labor law and p. 3 Art. 55 of the Constitution of the Russian Federation where it is fixed that the rights and freedoms of the person and the citizen can be limited only by the Federal Law in constitutionally significant purposes. Meanwhile, need of restriction of the labor law of the head of the organization, in particular, cancellation with him of the elabor contract without indication of concrete motives of dismissal, is represented as an inadmissible restriction of the rights of this category of workers in relation to other workers.