The current state of legal protection of the labor rights of employees in case of insolvency of the employer or change of owner of the legal entity

Abstract

The article is devoted to the study of legal support for the protection of labor rights of employees in case of insolvency of the employer or change of the owner of the legal entity in today’s realities. After all, employees are one of the least protected subjects of labor relations, and therefore they need guarantees of protection of their rights from both the employer and the state. Especially today, when the impact of the financial crisis on the economy of Ukraine, as a result of the war with the Russian aggressor, led to the unstable state of the state, most enterprises, organizations and institutions found themselves in a difficult financial situation, which in turn negatively affected the social and material security of employees. Therefore, the priority area becomes the protection of labor rights of employees and their social position, in particular in case of insolvency of the employer or change of the owner of the legal entity. Current and projected regulatory legal acts in the field of protection of labor rights of employees in case of insolvency of the employer or change of owner of a legal entity, court practice regarding labor disputes related to dismissal under Clause 1 of Art. 40 of the Labor Code of Ukraine. It was concluded that Ukraine, as a state that aspires to membership in the European Union, should also pay attention to the issue of protecting the rights and interests of workers as subjects who ensure the well-being of their families through their own work. Since the protection of labor rights of employees is an important component of a democratic, legal and social society. Especially today, when the problem of unemployment in Ukraine is growing, persons who have lost the opportunity to work should be socially protected. At the same time, in addition to making changes to labor legislation, adopting new laws in this area, there must be clearly developed mechanisms for their implementation.