THEORETICAL AND LEGAL PROBLEMS OF PERFORMANCE REVIEW OF CERTAIN CATEGORIES OF EMPLOYEES

The article is devoted to covering issues related to the concept and legal regulation of performance review of certain categories of employees in order to verify their suitability for the position held or the work performed.It is noted that the legal regulation of performance review is regulated by the Law of Ukraine On Professional Development of Employees No. 4312-VI of January 12, 2012.It is emphasized that employees who pass performance review have the opportunity to establish themselves as qualified, competent and proactive employees, and to ensure career growth.Please note that dismissal of an employee due to the detected unsuitability for the position held or the work performed can take place only if an employer took measures to transfer an employee to another job, but an employee refused such a transfer or an employer did not have the possibility to transfer an employee with their consent to another job at the same enterprise.Please note that the qualification mismatch is an evaluation category that depends on the specific circumstances of the case.It is emphasized that the decision of the Performance Review Board on unsuitability of an employee for the position held or the work performed must be justified.It is concluded that performance review should always be carried out within legal framework.Not only the legal aspects of physician performance review are studied, but also the case law on this issue.It is noted that there are a number of problems in this area, both legal and organizational.A number of scientific publications on this issue have been studied.General conclusions have been made that the current legislation in this area requires reform, and proposals have been made to improve legal regulation in this area, which will allow improving the procedure for employee performance review, in particular, making it more effective.