Non-Binding Grounds for Terminating Labour Contract

Additional grounds for termination of an employment contract established by law in relation to certain categories of employees, according to the order of their establishment, can be divided into those that are formulated in the law and act by virtue of its direct action and those that are formed by the parties to the employment relationship in the text of the contract. In the second case, the law establishes broad powers to independently formulate additional grounds for terminating an employment contract. The parties are given a high degree of freedom of lawmaking in terms of determining the grounds for terminating an employment contract and related conditions. This kind of normative establishment is contained in special norms of the Labor Code of the Russian Federation, recognized to regulate the work of certain categories of workers. These categories include the heads of organizations and members of collegial executive bodies, homeworkers, workers of religious organizations, as well as employees of employers - individuals, i.e. workers whose individual qualities for the employer are of increased or even critical importance. From the analysis of the labor activity of such a special category of workers as athletes and coaches, it was concluded that representatives of this category, in terms of their individual significance for the employer, are close to the four mentioned special categories of workers. It is proposed to fix in the Labor Code of the Russian Federation new additional grounds for terminating an employment contract with athletes, coaches, who would occupy an intermediate position between legal and contractual grounds. The content of the proposed additional grounds for termination of the employment contract is the failure to achieve the sports result determined by the parties. Being clearly formulated in the law, these additional grounds would become valid only if they are included in the text of the employment contract with an athlete, coach.