Toda

Order of primary performance of the court decision in labor sports may be obtained in change

A bill has been registered in the Verkhovna Rada of Ukraine, which proposes to change the procedure for the enforcement of court decisions in labor disputes.

As stated in the explanatory note, the enforcement of decisions of non-property courts, in particular, on the renewal of an illegally dismissed or transferred employee, depends on the entity itself, which is subject to the corresponding obligation. The executor in this case is deprived of the opportunity and is not endowed with the appropriate rights to execute the court decision. As practice shows, far from all employers agree with the requirements of the legislation and ignoring them, deliberately do not comply with the court decision. Physically, the state executor can not force an employer or a collegiate body to carry out certain actions, having the powers defined by the Law of Ukraine "On Enforcement Proceedings". Therefore, the bill proposes to amend the Law "On Enforcement Proceedings", defining the term for execution of executive actions aimed at execution of decisions that are subject to immediate execution. Thus, in a decision of a non-proprietary nature, the executor in the resolution on the opening of enforcement proceedings indicates that the debtor must comply with the decision within 10 business days. The executor, without delay, but not later than the next working day from the date of receipt of the enforcement document, executes executive actions aimed at executing the court decision, subject to decisions that are immediately enforceable. The decision to reinstate an illegally dismissed or transferred employee is carried out promptly by the executor on the basis of the executive document by issuing the relevant resolution on the renewal of the payer at work and making the corresponding entry to the payer's employment record book. The executive order is the reason for the employee to leave the work.

The decision of the executive on the resumption of work of an illegally dismissed or transferred employee is carried out promptly in the manner prescribed by Article 63 of the Law "On Enforcement Proceedings".

At the same time, the decision is considered to be fulfilled by the debtor from the day of the actual admission of the employee to work, after which the executor makes a resolution on the termination of enforcement proceedings.

Source: Ukrainian law

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