Puntus D. Features of legal support in case of mass dismissal of employees in Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100276

Applicant for

Specialization

  • 081 - Право. Право

11-02-2021

Specialized Academic Board

ДФ 26.001.074

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to systematic and thorough research of theoretical and practical bases of legal provision at mass dismissal of workers in Ukraine, and also actual problems of such providing and search of ways of their decision. The scientific work provides a legal description of the legal essence of the process of "dismissal of workers" in Ukraine, describes the current state of such support, presents the definition and elements of the mechanism of legal protection of workers' rights in case of mass dismissal. The author's meaning of the term "dismissal of workers" as a separate legal category in the system of labor law in Ukraine, which is an objective phenomenon that arose on the basis of economic, organizational, structural, technological processes and is a set of socio-industrial and legal measures associated with the termination of labor relations with employees and implemented within the personnel management system by reducing a certain number of employees in order to increase the efficiency, productivity and competitiveness of the entity, followed by redistribution of labor in the public economy. It is established that the essential characteristics and signs of release that distinguish it from related concepts are: 1) it is one of the components of the subsystem for regulating the number and structure of personnel; 2) purposefully used by the organization to solve certain tasks and problems, and its need is not directly caused by the incompatibility of employees with their positions, their low productivity; - occurs on the initiative of the employer; 3) is a set of certain social and production relations; 4) is an objective process that does not depend on the will of the employee; 5) is a socio-economic phenomenon, because it concerns both economic and social aspects; 6) caused by scientific and technical progress, which includes the intensification of labor, and saving working time, and increasing labor efficiency; 7) entails a redistribution of responsibilities, which may change the requirements for the profession (specialty). The author's definition of the term "mass layoffs", which means the dismissal of employees solely on the initiative of the employer in connection with changes in the organization of production and labor (liquidation, reorganization, bankruptcy or reorganization) of the enterprise, institution, organization, accompanied by a reduction for a certain calendar period of the number of employees in the number determined by the legislator and occurs in compliance with the legally established procedure.

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