Publication date: 30.04.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Succession in labor relations is an important legal mechanism that regulates the transfer of rights and obligations from one subject to another in the event of reorganization, merger, takeover or otherwise. This provides stability and predictability for employees, and also allows enterprises to carry out their functions smoothly during the transition of rights and responsibilities.
Legal norms
In Ukraine, legal succession in labor relations is regulated by the Labor Code (Code of Labor Laws) and other legislative acts. In particular, according to Article 36 of the Labor Code, the termination of the employment contract is the termination of the enterprise, institution or organization, as well as the reorganization of the enterprise, institution or organization. However, this does not mean that workers automatically lose their jobs. In the case of reorganization, in particular a merger, takeover or division of the enterprise, all employment contracts remain valid for the new subjects.
Article 36 of the Code also indicates that in the event of a change in the owner of an enterprise, institution or organization, as well as in the event of their reorganization (merger, merger, division, transformation), the employment contract may be terminated only if this is provided for by law or a collective agreement. In case of termination of the employment contract for these reasons, the employees must be paid severance pay.
Analysis of documents and contracts
In the process of legal succession, the analysis of documents related to labor relations is important. Legal analysis of documents allows you to identify possible risks and ensure compliance with legal requirements.It also helps to determine how changes in the structure of the enterprise will affect employees.
Legal analysis of documents
Legal analysis of documents involves checking and evaluating legal documents with the aim of identifying their compliance with legislation, as well as assessing possible legal risks. It is important to check the following documents:
Employment contracts: review of working conditions, including working hours, holidays, pay and other issues that may affect employees after the reorganization.
Collective agreements: collective agreements are an important element of labor relations and may contain provisions on legal succession in the event of enterprise reorganization.
Training contracts: If the company has employees who are in training, it is necessary to check the training contracts and their terms.
Analysis of contracts by a lawyer
Analysis of contracts by a lawyer is critically important during legal succession. A lawyer should check whether employment contracts contain provisions on legal succession and whether they comply with legislation. Particular attention should be paid to those contracts that may be the subject of disputes or conflicts.
Analysis of a contract
Contracts concluded with managers or other officials require special attention during the analysis. It is important to check the terms of the contract, particularly those relating to severance and compensation, to avoid potential conflicts during the reorganization.
Conclusion
Legal succession in labor relations is a complex process that requires careful analysis of documents and contracts by a lawyer. Ensuring compliance with legal requirements and properly managing changes in the enterprise structure are key to the stability of labor relations and the protection of workers' rights.
