Reorganization procedure creates difficulties associated with updating employees. Yes, there are two possibilities for design staff reorganization (by selection) : in accordance with Part 4. 36 Laws of Ukraine and Section 5 of Part 1 of Art . 36 Labor Code.
As appropriate lawyer says LC " Deshunin and Partners" Startseva Tatiana: the provisions of Part 4. 36 Labor is somewhat outdated , " at the time of writing this normal during the reorganization of the legislators understand the primary method of termination of the enterprise ." In the current realities in the same reorganization by providing both initial and newly formed company continues its activities . So the most appropriate option processing workers in the reorganization (by selection) - a " transfer them to work on a new venture ."
In such a situation actually occurs termination of employment with the original company and of labor relations with the newly created .
According to Art. 116 Labour Code of Ukraine employer must make full payment to the employee , including to repay all amounts owed to him from the company on the day of release.
For payments that must pay the employee the previous employer and also include compensation for unused leave (Article 24 of the Law "On leave" ), which under the law is the basis for charging a single fee .
Thus , the primary company for the payment of compensation for unused vacation accrual and also carries the maintenance Single Contribution .
It should be noted that in addition to art. 116 Labour Code of Ukraine there are also special rules for the implementation of employee benefits . Thus , p. 83 Laws of Ukraine and Part 3. 9 of the Law "On leave" provided an opportunity for the employee's request to transfer monetary compensation for unused leave it to the account of another company in the event of a transfer to another entity.
Thus , in practice the situation when actually charging and maintenance Single Contribution amount provides primary company and the payment of compensation for unused vacation newly .
Note that this situation is possible only at the request of the employee, which translates to a newly created company. That is, in his written statement.
With regard to the period for which paid cash compensation for unused vacation , it should be noted that the law does not allow the limitation period for the payment of monetary compensation for unused employee vacation days . That is, if the employee did not use his right to leave in a few years , the employer provides compensation for all years .
Alena Mirko
Lawyer LC " Deshunyn , Yufest and Partners "
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