LEGAL REGULATION OF LABOUR RELATIONS DURING THE TRANSFER OF A BUSINESS ENTITY

Abstract

The article examines the implementation of Council Directive No. 2001/23/EU dated 12.03.2001 on the protection of the rights of employees in the case of the transfer of enterprises (businesses) or parts of enterprises (businesses) to national legislation in the field of labour. Granting Ukraine, the status of a candidate for EU accession by the decision of the European Council of June 23, 2022, became a significant incentive to intensify the reform process in the country. The socio-economic integration of Ukraine with the European socio-political space and the approximation of Ukrainian legislation to European standards and norms is one of the priority tasks of the national state policy. The national judicial practice of the protection of labour rights during the reorganization of the employer and the practice of the Court of the European Union regarding cases of application of the Directive were studied. Harmonization of national legislation in the field of labour and implemented provisions of international acts remains an urgent issue. It was concluded that the legislative amendments related to the implementation of the Council Directive No. 2001/23/EC are not effective enough. It is noted that not all terms used in Art. 36-1 of the Labour Code of Ukraine are clear and understandable, and the wording is logical. The conceptual apparatus of new legislation regarding the implementation of the Directive needs improvement, which should start with the modernization of these terms. The regulatory definition of the mechanism for implementing the provisions of Council Directive No. 2001/23/EC dated March 12, 2001, in the national legal space will strengthen the legal protection of employees in the event of a change in the owner of an enterprise or business and bring Ukrainian legislation closer to European norms and standards.