Dismissal As The Results Of Certification

Grounds and Procedure for Dismissal

According to Paragraph 2 of Article 40 of the Code of Laws on Labor of Ukraine dated 10.12.1971 No. 322-VIII as amended (hereinafter referred to as the "Labor Code of Ukraine") employment agreement may be terminated by the owner or its authorized body in case of employee inadequacy for his or her position or for the work performed due to insufficient qualification or state of health which hinder the work continuation, as well as in case when performance of the employee's duties requires access to state secret and such access becomes impossible.

Pursuant to the opinion of the Supreme Court of Ukraine contained in the Resolution of the Plenum of the Supreme Court of Ukraine dated November 6, 1992 No. 9 "On Litigation Practices Regarding Labor Disputes Adjudication" (hereinafter referred to as the "Resolution 9") a dismissal shall be considered unlawful if such dismissal took place due to the employee's inadequacy for the position