Publication date: 12.05.2024
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The preferential right to remain at work when dismissing employees in connection with changes in the organization of production and work means that during the dismissal of employees from an enterprise or organization due to reorganization, changes in technology, reduction of personnel or other significant changes, some employees have the right to preference for keeping their jobs over other workers.
Usually, various factors are taken into account to determine which employees have a preferential right to leave, such as length of service at the company, professional skills, performance, etc.
This right is aimed at protecting the interests of employees, who may be the most vulnerable in the context of changes in the workplace. This allows to reduce the social and economic consequences of dismissal for these workers and helps to maintain stability in the labor market.
A possible approach is to apply the preferential right to stay at work when reducing the number or staff of employees in connection with changes in the organization of production and work. In principle, employees with higher qualifications and productivity can be more valuable to an enterprise or organization in conditions of change.
This can be justified from the point of view of maintaining production efficiency, the ability to adapt to new conditions and challenges, as well as to preserve key knowledge and skills in the company. However, this approach must be justified and fairly applied, taking into account not only qualifications and performance, but also other factors such as length of service at the company, results, opportunities for development and other aspects.Priorities in staying at work in Ukraine reflect certain social and cultural values, as well as the protection of certain categories of workers. They can be enshrined in legislation or internal regulations of enterprises.
According to Article 42 of the Code of Labor Laws of Ukraine:
1. Family circumstances can be important in protecting the social welfare and stability of families with multiple dependents.
2. Long continuous service can reflect the employee's dedication to the enterprise and his experience, which should be preserved for stability and development.
3. Support for learners can be important for supporting education and workforce development in a country.
4. Supporting combatants and other victims is an important form of recognition of their contributions and sacrifices.
5. Supporting innovators can stimulate technical and scientific progress.
6. Protection of employees with occupational diseases or injuries is an important aspect of the enterprise's social responsibility.
7. Protecting the rights of deportees is an important form of compensation for past repressive actions.
8. The support of military personnel and members of fire and rescue units is important for ensuring the safety and protection of citizens.
9. Protection of workers close to retirement age can reduce the risks of their social insecurity after retirement.
These priorities are aimed at ensuring social justice and protecting the rights of certain categories of employees in situations of reduction in the number or staff of employees.Redundancy can be a stressful time, so it's important to have the right support and advice. Choose an experienced and competent labor lawyer who will help you understand your rights and protect your interests.
