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What is the advantage of the employer entering a staff unit into the EMAS subsystem?
What is the advantage of the employer entering a staff unit into the EMAS subsystem?
The purpose of clause "l" added to Article 12 of the Labor Code is to ensure the inclusion of staff units according to the structure, hierarchy of professions and duties by the employer in the EMAS subsystem. As we mentioned in the previous pages, the employer should enter the information about the structural and staff units into the EMAS subsystem, regardless of the number of employees.
We would like to mention one of the positive aspects of entering structural data into the EMAS subsystem by the employer.
Example. The employee applied to the court and stated that despite being an internally displaced person, they did not retain him as a preferred person during the layoffs. According to the second part of Article 78 of the Labor Code, the employer should give priority to keeping the internally displaced worker at work if their qualifications (professions) or professional levels are the same. The employee justifies his complaint that, unlike other employees working in that organization, he has a higher education and is also a person belonging to a social category.
The employer can avoid administrative responsibility if he mentions that the employee compared to the employee whose layoff was decided to be laid off works in different structural departments, not the same, in the structure entered into the EMAS subsystem. But if the employer registers all the states in one structural section under the name of "General" section in the EMAS subsystem, it is expected that the government agency or court will issue an indication (decision) regarding the reinstatement of the displaced worker.
The purpose of clause "l" added to Article 12 of the Labor Code is to ensure the inclusion of staff units according to the structure, hierarchy of professions and duties by the employer in the EMAS subsystem. As we mentioned in the previous pages, the employer should enter the information about the structural and staff units into the EMAS subsystem, regardless of the number of employees.
We would like to mention one of the positive aspects of entering structural data into the EMAS subsystem by the employer.
Example. The employee applied to the court and stated that despite being an internally displaced person, they did not retain him as a preferred person during the layoffs. According to the second part of Article 78 of the Labor Code, the employer should give priority to keeping the internally displaced worker at work if their qualifications (professions) or professional levels are the same. The employee justifies his complaint that, unlike other employees working in that organization, he has a higher education and is also a person belonging to a social category.
The employer can avoid administrative responsibility if he mentions that the employee compared to the employee whose layoff was decided to be laid off works in different structural departments, not the same, in the structure entered into the EMAS subsystem. But if the employer registers all the states in one structural section under the name of "General" section in the EMAS subsystem, it is expected that the government agency or court will issue an indication (decision) regarding the reinstatement of the displaced worker.