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Publication date: 19.05.2024
Judicial practice on labor disputes for the 1st quarter of 2024: review by the NAAU Committee on Labor Law
The Committee of the National Association of Lawyers of Ukraine (NAAU) on labor law issues has prepared a detailed digest of court practice on labor disputes for the 1st quarter of 2024. Containing 29 Supreme Court decisions, this overview provides important information for lawyers, employers and employees about the latest trends and decisions in employment law. The NAAU press service emphasized the importance of this document, because it highlights key legal positions and interpretations that may affect further court practice.
Suspension of the employment contract
One of the most important aspects considered in the digest is the issue of suspension of the employment contract. The Supreme Court of Ukraine (SCU) emphasized that the decrease in orders from enterprises after the introduction of martial law does not indicate the inability of the employer to provide work for the employee. Therefore, the suspension of the employment contract with such an employee is illegal.
In a specific case, the employer argued for the suspension of the employment contract due to the lack of orders and the impossibility of providing work due to the legal regime of martial law. However, the court found that the employer suspended contracts only with certain employees, and not with all of them, which raised doubts about the legality of such a decision. The lack of proven circumstances of the impossibility of providing work due to military aggression also became the basis for recognizing the suspension of the employment contract as illegal.Other key legal positions
The digest also reflects the legal positions of the Supreme Court on other important issues of labor law:
Dismissal on the basis of paragraph 9 of part 1 of Article 36 of the Labor Code of Ukraine: This article provides for the possibility of dismissal in case of suspension of the activity of an enterprise, institution, or organization for a specified period or liquidation of an enterprise, institution, or organization. Case law analyzes in detail the conditions and circumstances under which this ground for dismissal can be applied.
Voluntary Termination: The Supreme Court has addressed the procedure and legal consequences of voluntary termination, including when an employee is entitled to compensation for unused vacation.
Downsizing: Legal positions on the procedure and rationale for downsizing, as well as protecting the rights of employees in such situations.
Application of Article 117 of the Labor Code of Ukraine: This article regulates the employer's responsibility for delay in settlement with the employee upon dismissal. Case law includes the interpretation of the conditions under which an employee is entitled to receive compensation.
Payment of court fees in labor disputes: the Supreme Court clarified the procedure for payment of court fees, in particular, in cases of compensation for unused vacation and other labor disputes.
Dismissal for non-fulfillment of the terms of the contract: Consideration of legal grounds and justifications for dismissal of the employee in case of non-fulfillment of the terms of the employment contract.
Protection of honor, dignity and business reputation: Practices for rebuttal of false information and compensation for non-pecuniary damage in the context of employment relations.You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Conclusions
The digest of court practice on labor disputes for the 1st quarter of 2024 from NAAU is an important tool for all participants in labor relations. It provides a clear view of the latest legal trends and Supreme Court decisions, which will help to better understand the legal mechanisms for protecting the rights of employees and employers.
This review emphasizes the importance of a detailed study of case law in order to form the correct legal position in labor disputes. Thanks to such documents, lawyers can more effectively protect the interests of their clients, and employers and employees can avoid potential conflicts and legal problems.
