CHANGE IN THE ORGANIZATION OF PRODUCTION AND WORK, CHANGE IN ESSENTIAL WORKING CONDITIONS AND TRANSFER: COMPARATIVE CHARACTERISTICS

Author (s): Lytvynenko V.

Work place:

Lytvynenko V.,

PhD in Legal Sciences, Associate Professor,

Head Department of Public and Private Law,

Chernihiv Polytechnic National University, Chernihiv, Ukraine

e-mail: litvinenko.valia@ukr.net

ORCID: 0000-0003-4206-0266

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2024 No 3 (23): 47-55

https://doi.org/10.32755/sjlaw.2024.03.047

Summary

The article analyzes the concepts of ‘change in the organization of production and work’, ‘change in essential working conditions’, ‘transfer to another job’, their comparative characteristics are made with the definition of both common and distinctive features. The legal basis for the application of changes in the organization of production and work, changes in essential working conditions, transfer to another job is the Code of Labor Laws. It was defined that the concepts of “change in the organization of production and work” and ‘change in the essential conditions of work’ are related to each other, since for a change in the essential conditions of work there must be a change in the organization of production and work, as well as a change in the organization of production and work, so and a change in essential working conditions is not related to a change in the employee’s job function, instead, a transfer to another job is related to a change in the job function. It was determined that a change in the organization of production and work, a change in essential working conditions, a transfer to another job are grounds for changing and terminating employment relationships.

Key words: change in the organization of production and work, change in essential working conditions, transfer, relocation, grounds for terminating employment relations, grounds for changing employment relations.

 

References

  1. Ukraine. Supreme Court of Ukraine, (1992), On the practice of court consideration of labor disputes: Resolution of the Supreme Court of Ukraine No. 9 [online], November 6. [Date of application August 27, 2024]. Access mode: https://zakon.rada.gov.ua/laws/show/v0009700-92#Text
  2. Ukraine. Verkhovna Rada of the Ukrainian Soviet Socialist Republic, (1971). Code of Labor Laws of Ukraine Code of Ukraine No. 322-VIII [online], December 10. [Date of application August 27, 2024]. Access mode: https://zakon.rada.gov.ua/laws/show/322-08#Text
  3. Shcherbina, V. and Sotskyi, A., (2021). Labor law of Ukraine. Chernivtsi: Technoprint.
  4. Yaroshenko, O. M., ed., (2022). Labor law of Ukraine. Kharkiv.
  5. Ukraine. Verkhovna Rada of Ukraine, (2022). On the organization of labor relations under martial law: Law of Ukraine No. 2136-IX [online], March 15. [Date of application August 27, 2024]. Access mode: https://zakon.rada.gov.ua/laws/show/2136-20#Text

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