Labor law during the war: the main changes you need to know

With the outbreak of the war, it became impossible for many working Ukrainians to fulfill their labor duties at all or quite difficult. Therefore, each company, taking into account the safety and living conditions of employees, made its own decision to continue its activities. Perhaps some of them violated the current legislation.

But at the state level, they quickly reacted to the changes, and a month later, on March 23, 2022, the President of Ukraine signed Law No. 2136-IX “On the organization of labor relations under martial law” dated March 15, 2022. What should you know about this piece of legislation?

Employment contract: features of conclusion and suspension

The form of concluding an employment contract for the period of martial law is determined by agreement of the parties. For any category of persons, when hiring, a test condition may be assigned. Also, for the period of martial law or in the case of replacing a temporarily absent employee, employers will be able to sign fixed-term employment contracts with new employees.

The employment contract may be suspended, in which case the employer and employee are temporarily released from the performance of their duties to each other. This does not include terminating the employment relationship.

How working conditions and translation are changing

At the time of martial law, the norms for warning an employee about a change in essential working conditions do not apply.

During martial law, the employer, without relying on an employment contract, has the right to transfer the employee to another job (provided that it is not contraindicated for the employee for health reasons). In this case, the consent of the employee is not required.

Exceptions are:

• prevention or elimination of the consequences of hostilities;
• other circumstances that may endanger the life or normal living conditions of people.

In this case, the employer must guarantee wages in the amount not lower than the average earnings at the previous place of work.

The only exception is the transfer to an area where active hostilities continue.

Termination of the employment contract

The employee, on his own initiative , may terminate the employment contract without a two-week notice period if hostilities are taking place on the territory where the enterprise is located or there is a threat to life and health. This does not apply to cases of forced involvement in socially useful work in wartime, as well as involvement in work at critical infrastructure facilities.

The employer may unilaterally terminate the employment contract with the employee if the enterprise is being liquidated due to the destruction of the property (production, organizational or technical capacities) of the enterprise as a result of hostilities. The employer must notify the employee of the dismissal no later than 10 days and pay a severance pay in the amount of at least the average monthly salary.

The dismissal of an employee during the period of his temporary disability is also allowed, this also applies to the period of his stay on vacation (the exception is maternity leave, as well as parental leave). In this case, the date of dismissal indicates the first working day following the day the temporary disability expires, or the first working day after the end of the vacation.

Accounting for work and rest time

During martial law, working hours. according to the norm, it should not exceed 60 hours per week (previously the weekly norm was 40 hours). The duration of the weekly uninterrupted rest can be reduced to 24 hours. For employees working on reduced working hours, the established norm cannot exceed 50 hours per week.

The employer may establish a five-day or six-day working week if such a decision is made by the military command together with the military administrations. The employer determines the start and end time of work.

For the period of martial law, the norm regarding a reduced work schedule on the eve of holidays, non-working days and days off is canceled.

Salary

Remuneration is made in accordance with the employment contract. In case of impossibility to pay wages due to hostilities, the payment is suspended and must be resumed after the resumption of the company's activities.

Vacation

For the period of martial law, unpaid leave is granted to the employee at his request without restrictions on the number of days. If, during martial law, an employee is involved in work at facilities classified as critical infrastructure, in this case, the employer may refuse to grant leave to the employee (this does not apply to maternity leave and parental leave). .

All of the above legislative initiatives are a requirement of the times. Changes in our daily lives should promptly and timely adjust legislative acts to help improve the efficiency of enterprises in wartime.

Source: ZN.UA