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Labor legislation guarantees employees dismissed in connection with the liquidation of the enterprise guarantees, compensation and payments. The employer, making a decision on the liquidation of the enterprise and the dismissal of employees on this basis, must fully comply with applicable law. Otherwise, the employee has an additional right: appeal to the court. As a result, the employer has new responsibilities, such as reinstatement, payment of non-pecuniary damage and involuntary absenteeism. The protection of the rights and interests of workers is at the forefront of the foundations of the constitutional system, as one of the basic principles of labor activity of subjects of labor relations. To minimize the risks associated with the liquidation of the enterprise for one reason or another, the employer must either independently fully examine the legal framework, or hire or hire an experienced lawyer. As a rule, the organization should have a hired worker with a legal education. Coverage in legal issues will allow to avoid unforeseen expenses, while protecting employees of their rights, and reduce the time for carrying out such a complex procedure. Courts, as a rule, when resolving a labor dispute take the side of the employee, respectively, if there are legal grounds for this. Liquidation of an enterprise cannot be attributed to force majeure, and it is not possible to relieve all of them of responsibility in case of violation of any legal norms. Thus, if the employer has not accepted and is not going to legally take a decision on the liquidation of the enterprise, then carrying out this procedure is at least not correct, inefficient and very expensive in the future.
Keywords:liquidation of an enterprise, legal norms, procedure, guarantees, compensation, certain categories of employees, dismissal, employer's obligation, reinstatement, administrative procedure, legal requirements, current legislation.
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LEGAL
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