If the company will change the name of all employees ...?

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... will be transferred due to dismissal and new admission to the enterprise with a new name, how to defend your rights, and what you need to know in order not to be deceived?

26.04.2023 18:32 487

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Photo of sikorsky.y.o Yaroslav Sikorsky

According to part 3 of Art. 36 of the Labor Code, in the event of a change in the owner of the enterprise, as well as in the event of its reorganization (merger, merger, division, allocation, transformation), the validity of the employee's employment contract continues. Termination of the employment contract at the initiative of the owner or a body authorized by him is possible only in the event of a reduction in the number or staff of employees (Clause 1, Part 1, Article 40 of the Labor Code).

In case of reorganization, the legal entity is also terminated. However, the possibility of dismissing employees in case of reorganization of the enterprise is allowed only under the condition of reducing the staff or the number of employees. The right to determine the number and status of employees belongs only to the owner or a body authorized by him.

In the case of dismissal in the order of transfer, the direct reason for termination of the employment contract is Clause 5, Part 1, Art. 36 of the Labor Code of Ukraine — transfer of an employee with his consent to another enterprise, institution, organization or transfer to an elected position.

An employee dismissed upon transfer has a number of guarantees, in particular, the following:

  • an employee invited to work in the procedure of transfer cannot be refused an employment contract (Part 5 of Article 24 of the Labor Code);

  • such an employee cannot be given a probationary period (Part 3 of Article 26 of the Labor Code);

  • the possibility of maintaining seniority, which gives the right to annual basic leave;

  • the possibility under certain circumstances, in particular those stipulated by the collective agreement, to retain a number of other social benefits.

12.06.2023 14:17

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