The law is designed to deregulate and liberalize certain conditions of employment in martial law to eliminate staff shortages.
In Ukraine, for the period of martial law, special labor relations began to operate for employees of all enterprises, institutions, organizations, regardless of ownership, type of activity and industry affiliation, as well as persons working under an employment contract with individuals.
The amendments were adopted by Law №2136-IX “On the Organization of Labor Relations in Martial Law”, which was officially published in the newspaper “Voice of Ukraine” on March 23 and came into force the day after publication.
The law is designed to deregulate and liberalize certain conditions of employment in martial law to eliminate staff shortages and labor shortages.
What is important for employers with employees in the Law № 2136-IX:
- the form of the employment contract is determined by the parties by mutual consent, the condition of the test (internship) can be set for any category of employees;
- if the employee is actually absent from work due to the fact that he was evacuated , temporarily lost his ability to work, is on leave, the employer has the right to hire new employees with a fixed-term employment contract for his position;
- for the period of martial law, the employer has the right to transfer the employee to another job without his prior consent and without prior notice (unless it is a transfer to another location, to the territory where hostilities continue, if the new job is not contraindicated health);
- An employee who is in the combat zone may terminate the employment contract on his own initiative without two weeks of work, that is, the date in the application for dismissal may be equal to the date of dismissal;
- the employer has the right to dismiss an employee during sick leave or leave (exceptions are maternity leave and childcare leave for children under 3 years of age). The date of dismissal will correspond to the first working day after sick leave or vacation;
- the permissible (normal) working hours of workers during martial law may, if necessary, increase from 40 to 60 hours per week. Reduced schedule – up to 50 hours per week. Reduction of continuous rest – up to 24 hours a week;
- pregnant women, women with a child under the age of 1, and persons with disabilities are not involved in night shifts during martial law.
- with the consent of hard work, underground work and work with harmful or dangerous working conditions, women may be involved (except for pregnant women and children under 1 year of age);
- the employer must take all possible measures to ensure the realization of the employee's right to timely remuneration . If the violation of the terms of payment of wages occurred as a result of hostilities, the employer is released from liability;
- release of the employer from liability for late payment of wages does not release him from the obligation to pay wages after the resumption of the organization;
- for the period of martial law , the duration of annual leave is 24 calendar days. But the employer has the right to deny the employee annual leave if he works on critical infrastructure;
- during the period of martial law, the employer at the request of the employee may grant him leave without pay without limitation of the period established by part 1 of article 26 of the Law of Ukraine “On Holidays”;
- the employment contract may be suspended . Suspension of an employment contract is not dismissal , that is, it does not entail termination of employment. These are the temporary termination by the employer of providing the employee with work and the temporary termination by the employee of performance of work under the concluded employment contract.
We will remind, earlier the detailed explanation of the order of actions of employers since March 24 was provided by the Ministry of Economy. In particular, the ministry spoke about the rights of the mobilized and terrorist defense, the rules of the distance when moving workers abroad, granting leave in case of inability to go to work, as well as simple.
