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
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