FEDOTOV & PARTNERS LEGAL TEAM DEFENDS RIGHTS OF ENERGY COMPANY DIRECTOR

FEDOTOV&PARTNERS Attorneys successfully protected the rights of an energy company director by filing a lawsuit to have their employment relationship declared terminated and to compel specific actions (Case No. 910/13307/24).

‍

Case background: To properly exercise their right to resign, the company director submitted a resignation letter under Article 38 of the Labor Code of Ukraine, sent it to all company shareholders, and convened a general meeting of shareholders to address the resignation. The extraordinary general meeting did not take place due to the absence of other shareholders, as documented in the registration protocol and the official report. These circumstances necessitated the court filing.

‍

Court decision: The Commercial Court of Kyiv, having reviewed the lawsuit and case materials, ruled in favor of the plaintiff, declaring the employment relationship between the director and the company terminated due to resignation under Part 1 of Article 38 of the Labor Code of Ukraine.

‍

This case confirms that the law guarantees a director the right to have their employment relationship with a company declared terminated through judicial proceedings, provided that all out-of-court options for exercising the right to resign have been exhausted.

‍