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LAW OF UKRAINE

of April 25, 2024 No. 3677-IX

About modification of the Labor code of Ukraine of rather employment relationships by transfer of the subject of managing

The Verkhovna Rada of Ukraine decides:

1. The labor code of Ukraine (1971, appendix to No. 50, by the station 375) to add sheets of the Supreme Council of USSR with Article 36-1 of the following content:

"Article 36-1. Employment relationships by transfer of the subject of managing

Transfer of the subject of managing in understanding of this Code is shift of the owner of the company, organization, organization, their reorganization (merge, accession, separation, transformation), apportionment, and also change of the owner/user of property or its part behind which there is organized group of the resources used by the employer (the employer - physical person), with preserving type of the economic activity performed by the alienor.

Alienor is any legal entity or the employer - the physical person giving subject of managing. Acquirer is any legal entity or the employer - physical person which as a result of transfer receives subject of managing behind which there is organized group of resources, continues the same type of economic activity, as the alienor, and becomes the participant of the existing employment relationships.

In case of transfer of the subject of managing employment relationships of workers proceed with the acquirer. The rights and obligations according to the employment contracts existing between workers and the alienor pass to the acquirer.

In case of transfer of the subject of managing the status and functions of elected body of primary trade-union organization (the trade-union representative), and in case of absence of primary trade-union organization - freely elected and authorized representatives (representative) workers remain and are subject to execution on the same conditions which existed before transition of the rights and obligations from the alienor with whom at workers employment contracts, to the acquirer are signed.

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