Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Kandiral Завантажень: 9, розмiр: 402.8 KB

DOI: https://doi.org/10.33994/kndise.2021.66.86

O. Kandiral

The article discusses the features of research on the validity of the calculation and payment of average earnings for the period of forced absenteeism in the case of illegal dismissal of an employee. For the purpose of this scientific study, it is the formation of a unified approach in conducting forensic economic examinations in cases related to the calculation and payment of average earnings for the period of forced absence for the illegal dismissal of an employee.
The article systematizes the regulations governing labor relations in Ukraine. The advantages and disadvantages of applying the current labor legislation in practice are described and analyzed. The author points out the need to concretize and generalize legal norms in order to implement the principle of legal certainty, modernize outdated provisions of the Labor Code of Ukraine in order to take into account the labor legal relations that currently exist, business customs and avoid possible abuse of their rights by both the employer and the employee.
The urgency of this problem and its impact on the growth of the national economy are noted. The questions of the search for the solution of the problems facing the forensic economic examination regarding the accrual and payment of average earnings for the period of forced absence from the illegal dismissal of an employee are raised.
The article systematizes and summarizes the forensic and expert practice, which made it possible to draw conclusions about the ambiguous interpretation of the law, which in turn leads to disputes between the employer and the unlawfully dismissed. Then reinstated, hired employee regarding the accrual and payment of average earnings for the period of forced absenteeism upon his/her illegal dismissal.
The author sets out the methodological principles of conducting forensic examinations in cases related to the calculation and payment of average earnings for the period of forced absence from the illegal dismissal of an employee, the subject, tasks and objects of the examinations are determined.
The result of the work done, the author proposed an algorithm for the sequential actions of an expert during forensic economic research on the validity of calculating and paying average earnings for the period of forced absenteeism in the event of illegal dismissal of an employee.
The results of the article can be used by judicial and law enforcement agencies during the investigation and consideration of cases, the subject of which is the establishment of facts of compliance by employers with the requirements of the current labor legislation, in expert practice, during scientific and methodological work, as well as in further scientific developments on these issues.

Key words: forced absenteeism, wages, illegal dismissal, employee, average earnings, actually employed basis, economic examination.