28/05/2024
The Supreme Court Highlighted the Rules for Severance Pay to an Official Upon Termination of Powers.
Termination under paragraph 5, part 1, article 41 of the Labor Code of Ukraine (LCU) (in the case of termination of powers of officials) simultaneously with reappointment to the same position and at the same enterprise is not a basis for the payment of severance pay as provided by the norms of article 44 of the LCU.
The plaintiff's behavior, in demanding severance pay intended for employees dismissed due to circumstances beyond their control during their job search, five years after issuing orders as the chairman of the board of a JSC on the same day for his own dismissal and re-employment, without any effort to search for a job, does not comply with the principle of good faith and indicates an abuse of rights.
This conclusion was made by the Civil Court of Cassation within the Supreme Court (Supreme Court ruling of March 27, 2024, in case No. 202/3322/22 (proceedings No. 61-12897sv23)), according to the press service of the Supreme Court.
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