OUTPUT ASSISTANCE IN DISMISSAL OF LOCAL GOVERNMENT OFFICIAL

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OUTPUT ASSISTANCE IN DISMISSAL OF LOCAL GOVERNMENT OFFICIAL

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 In Ukraine, thousands of officials work in local governments. An urgent issue is the right of a local government official to receive severance pay upon dismissal. Consider the practical situation regarding the dismissal of the secretary of the city council.

 

 The Labor Code of Ukraine provides for the right of an employee to receive severance pay upon dismissal on the grounds provided for in paragraph 5 of the first part of Article 41 in the amount of not less than six months' average earnings.

 Paragraph 5 of Part 1 of Article 41 of the Labor Code of Ukraine provides for the termination of employment in the event of termination of powers of officials.

 The secretary of the city council is an official of local self-government, in connection with which the provisions of the Law “On Service in Local Self-Government Bodies” as well as other laws apply to him upon dismissal.

 The Secretary is appointed for the term of office of the relevant council. Thus, the employment relationship with the council is terminated on the basis of the expiration of the term of office of the relevant council.

 At the same time, in accordance with the practice of the Supreme Court, the termination of powers of a local government official on the basis of paragraph 5, part 1 of Art. 41 of the Labor Code of Ukraine indicates that the official has the right to receive severance pay in 6 times the average monthly salary.

 

 Thus, the Supreme Court in its Resolution of August 6, 2020 in case № 186/294/16-a stated:

«43. Thus, as established by the courts of previous instances, the Pershotravensk City Council of Dnipropetrovsk region on the basis of Articles 26, 51 of the Law of Ukraine "On Local Self-Government in Ukraine", paragraph 5 of the first article 41 of the Labor Code of Ukraine adopted a decision of November 26, 2015 № 167-2/VII "On termination of powers of the executive committee of the Pershotravensk city council of the VI convocation and dismissal from the held positions".

44. In addition, the Mayor's Order of 26 November 2015 № 283-VK terminated the powers of PERSON_1 from 30 November 2015 on the basis of paragraph 5 of the first part of Article 41 of the Labor Code of Ukraine.

45. Therefore, taking into account the above and the fact that the plaintiff's powers were terminated under paragraph 5 of the first part of Article 41 of the Labor Code of Ukraine, the courts of previous instances correctly concluded that the termination of local government officials is grounds for Article 44 of the Labor Code of Ukraine, and given the lack of the defendant any legal grounds for non-payment of severance pay to the plaintiff, the inaction of the defendant for its non-payment is illegal.

 Depending on the indication in the relevant decision (administrative document) paragraph 5. Part 1 of Art. 41 of the Labor Code of Ukraine, as a ground for termination of employment with a local government official, the courts of appeal satisfy or deny the claim for unpaid severance pay.

 Thus, in particular, the Third Administrative Court of Appeal in its decision of February 18, 2020 noted that if an official is dismissed on the grounds provided by the Labor Code of Ukraine, it is covered by the guarantees provided by this Code.

 Taking into account the practice of the Supreme Court and appellate courts, the secretary of the city council has the right to receive severance pay in 6 times the average monthly salary, provided that the decision of the City Council (order of the mayor) to terminate employment paragraph 5 part 1 of Art. 41 of the Labor Code of Ukraine, as a basis for termination of employment with a local government official.

 To protect your rights and interests, turn to professionals. Prikhodko & Partners will always be happy to help you.

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