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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Lyubov Novikova
Peculiarities of employees' legal status during employer's reorganization
Legal Support of Personnel Management
(Master’s programme)
8
2017
The current crisis phenomena in the economic sphere of our state force the heads of legal entities to take actions aimed at stabilizing the economic position of the business enterprise. Often, these actions and decisions are directly related to the corporate restructuring of a legal entity. At the same time, the process of the employer restructuring affects the labor relations that have arisen between the employee and the employer. Another reason for the corporate restructuring is the changes in the composition of the constituent units of our state. Thus, in circumstances of formation of new constituents in the Russian Federation, namely the Republic of Crimea and the federal city of Sevastopol, a number of difficulties arose due to the unreadiness of the legislative base for effective regulation of the emerging social relations. Whereas the current legislation due to certain “vagueness” was not prepared to ensure proper regulation of labor relations between employees and employers during the period of forced restructuring of companies located on the territory of newly formed constituents.

The purpose of the thesis research is a comprehensive analysis of the legal status of employees during the corporate restructuring of the employer, as well as the specifics of labor rights protection in the conditions of restructuring of a company with subsequent identification of problems and formulation of proposals for their solution.

According to the results of the thesis research, problems in law enforcement practice were identified, which are proposed to be resolved by: fixing the definition of the concept of “corporate restructuring” in legislation; fixing the deadline and procedure for notifying employees about the upcoming restructuring; and informing employees in writing on the rights and guarantees provided by the legislator for the period of restructuring of the company.

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