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Publication date: 10.05.2024
Labor disputes in 2024: what the Supreme Court is paying attention to
In 2024, the topic of labor disputes is relevant and important for many sectors of the economy. The Supreme Court (SC) of Ukraine is one of the key judicial bodies that resolves issues related to labor law and the protection of the rights of employees and employers. Let's take a look at what the Supreme Court is paying attention to when handling labor disputes in 2024.
One of the most important topics in the field of labor law is the fair termination of employment relations. The Supreme Court pays attention to the justification of the reasons for terminating the employment contract, in particular, whether there is sufficient ground for terminating the employment contract and whether all procedural requirements have been met.
Also, the Supreme Court examines cases related to the dismissal of employees on the basis of specific articles of labor legislation. Particular attention is paid to the fulfillment of requirements related to the provision of vacations, ensuring occupational safety and compliance with wage requirements.
A significant part of labor disputes concerns the violation of the labor rights of employees. The Supreme Court analyzes such situations and decides on damages, moral damages and other compensatory measures for employees.
When considering labor disputes, the Supreme Court also pays attention to the conformity of the actions of the labor law parties and compliance with all necessary procedures and requirements of the law.
In conclusion, the decisions of the Supreme Court on labor disputes in 2024 reflect efforts to ensure justice and protection of the rights of all parties to labor relations.Given the complex conditions of the modern labor market, this is an important step in ensuring justice and law and order in the labor sphere.
A decrease in the volume of orders at enterprises, caused by the introduction of martial law on the territory of Ukraine, cannot serve as a sufficient basis for terminating an employment contract with an employee. This was noted in the decision of the Supreme Court, which was set out in the resolution of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation. This judicial practice is recorded in the digest prepared by the Committee of the National Association of Lawyers of Ukraine on Labor Law. In the context of the order to suspend the employment contract, the employer refers to the restrictions imposed by martial law and the lack of orders for the enterprise. However, it is worth noting that the employer selectively suspended the employment contracts only with certain employees, and not with all of them.
The court did not establish the circumstances of the impossibility of providing work in connection with military aggression, and the employee - to perform it. Therefore, the court recognized that the suspension of the employment contract in this way is illegal.
The digest also reflects the legal positions of the Supreme Court on the following issues:
suspension of the employment contract;
dismissal on the basis of Clause 9, Part 1, Article 36 of the Labor Code of Ukraine (hereinafter - the Labor Code);
voluntary dismissal;
downsizing of employees;
application of Article 117 of the Code of Criminal Procedure;
payment of a court fee in respect of claims for compensation for unused leave;
dismissal for failure to fulfill the terms of the contract;
payment of a court fee in a labor dispute;
protection of honor, dignity and business reputation, refutation of false information and compensation for moral damage, etc.
In total, the digest contains an overview of 29 decisions of the Supreme Court on labor disputes.
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Therefore, the decision of the Supreme Court reflects the importance of protecting labor rights in difficult times for the country. Dismissal of employees of enterprises due to martial law and reduction of orders is not legal, as confirmed by judicial practice. This indicates the need to observe legality and justice in resolving labor disputes. The digest's focus on legal issues reflects the variety of situations that employees and employers may face, and highlights the importance of legal protection and judicial fairness for all parties.
