THE ANALYSIS OF JUDICIAL PRECEDENT IN CASES ABOUT MOVING AND SHIFTING IN LABOR RELATIONS
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue
Abstract
The labor legislation of Ukraine is at the stage of the new codification. Therefore, the importance of improving its standards, taking into account scientific research, practice of using and judicial practice, becomes important. A separate place among the labor disputes belong to disputes about the illegal moving or shifting of workers, which leads to the reinstatement and payment of average earnings, as during the time of forced unemployment. The purpose of the article is to study judicial practice in cases of moving and shifting of workers for the further improvement of law enforcement practice. The position of the Plenum of the Supreme Court of Ukraine was set out more than twenty years ago and today it doesn’t give unambiguous answers to the question of the essence, types, procedures of changing the terms of the labor contract, as it doesn’t respond to the new socio-economic and political conditions. Analysis of the conclusions of the Supreme Court of Ukraine, adopted on the basis of the results of consideration of applications for review of a court decision on the grounds provided in p. 1, 2 part 1 of the Art. 355 of the Civil Procedure Code of Ukraine allows us to characterize the legal position of the Court in disputes related to moving and shifting. According to Art. 32 The owner of the Labor Code does not have the right to go beyond the labor agreement and his right to shift workers is limited by the terms of the labor agreement: within these conditions, the shifting is possible, outside it – illegal. In such a manner, when is shifting, the principle of immutable substantive conditions of the contract applies, all essential conditions of an labor contract remain unchanged (specialty, qualification, title of position). If the move to another job connect with a change in the employee’s labor functions, the place of work (locality), then the shift to another structural unit involves the preservation of the place of work and labor obligations stipulated by the labor contract. Shift can only be carried out provided that none of the fundamental term conditions of the employee’s labor contract is changed.
Authors and Affiliations
О. В. Валецька
Keywords
Related Articles
- EP ID EP668559
- DOI -
- Views 71
- Downloads 0
METHODS OF PROTECTION OF RIGHTS BY ADMINISTRATIVE COURT WITHIN THE LIMITS OF JUDICIAL CONTROL AFTER EXECUTION OF DECISIONS
The article deals with the analysis of the normative adjusting, judicial practice and scientific doctrine in regard to the methods of defense by the administrative court of rights during the process of realization of con...
DETERMINATION AND SPECIFICITIES OF LEGAL RELATIONS IN THE ADMINISTRATIVE COURT
The article deals with the problem of legal relations in the field of administrative legal proceedings. The concepts and peculiarities of such legal relationships are revealed. The structure of legal relations in the fie...
SUBJECT-MATTER OF PERSONS RESPONSIBLE FOR ADMINISTRATIVE CRITERIA: PROBLEMS OF PRACTICE
The article deals with the use of facts established in an administrative offense case, in other proceedings when considering disputes regarding compensation for damage caused by an accident; analyzes the legislative unre...
THE CIRCUMSTANCES RECOGNIZED BY THE COURT OF COMMON KNOWLEDGE IN CASES ARISING FROM AUTHOR’S LEGAL RELATIONS OF THE DISPUTED
The article is devoted to disclosing the essence of one of the grounds of exemption from proof of circumstances recognized by the court are well known. Directly based on the analysis of the doctrinal approaches of civi...
TYPES OF JUDICIAL ACTS IN CIVIL PROCEDURE OF UKRAINE
The article is sanctified to research of judicial acts that is accepted by courts in order of the civil procedure. Essence of these acts of justice is certain, basic differences are set between them depending on the circ...