Every working Ukrainian on the morning of February 24 had to go to work and perform his duties, but in most cases it was either impossible or not in the usual way.. At that time, not a single legislative act regulated the actions of employees and employers under martial law. Therefore, the decision of each company was made only taking into account the provision of living conditions for employees and the continued functioning of the company, albeit with a possible violation of the current legislation - during the war, priorities change and require the most balanced and decisive steps. But Ukrainian lawmakers also reacted to the changes as quickly as possible, so on March 23, 2022, the President signed Law No. 2136-IX of March 15, 2022 “On the organization of labor relations under martial law”. Consider the main points of this legislative act.

Features of concluding an employment contract.

For the period of martial law in the country, the form of concluding an employment contract is determined by agreement of the parties, and the test condition for employment can be established for any category of persons. Also, employers will be able to conclude fixed-term employment contracts with new employees for the period of martial law or for the period of replacement of a temporarily absent employee..

Changes in essential working and transfer conditions during martial law.

The employer has the right to transfer the employee to another job not stipulated by the employment contract, without his consent and if it is not contraindicated for the employee for health reasons, exclusively for:.

prevention or elimination of the consequences of hostilities;

under other circumstances that endanger or may endanger the life or normal living conditions of people.

In this case, wages are guaranteed 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..

For the duration of martial law, the norms on warning an employee about a change in essential working conditions do not apply..

Termination of the employment contract at the initiative of the employee.

The employee may terminate the employment contract on his own initiative without a two-week notice period in connection with the conduct of hostilities in the areas in which the enterprise where he works is located and the threat to life and health. An exception is the forced involvement in socially useful work in wartime conditions, as well as the involvement in the performance of work at facilities classified as critical infrastructure..

Termination of the employment contract at the initiative of the employer.

The employer has the right to terminate the employment contract with the employee in connection with the liquidation of the enterprise caused by the destruction of all production, organizational or technical capacities or property of the enterprise as a result of hostilities, and notify the dismissal of the employee no later than 10 days in advance with the payment of a severance pay in the amount of at least.

It is also allowed to dismiss an employee during the period of temporary incapacity for work, as well as while he is on vacation (except for leave due to pregnancy and childbirth and parental leave), while the date of dismissal is indicated on the first working day following the day the temporary incapacity for work ends, or.

For the period of martial law, the rules on termination of an employment contract at the initiative of the owner or a body authorized by him with the prior consent of the elected body of the primary trade union organization do not apply, except in cases of dismissal of employees of enterprises elected to trade union bodies.

Accounting for work and rest time during martial law.

During martial law, normal working hours may not exceed 60 hours per week instead of 40. But for workers who are legally established reduced working hours, it can now not exceed 50 hours a week..

By decision of the military command, together with the military administrations, the employer may establish a five-day or six-day working week..

The start and end time of work is determined by the employer, and the duration of the weekly uninterrupted rest can be reduced to 24 hours.

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

Salary.

Remuneration can be carried out according to the employment contract, but in case of impossibility to pay wages due to hostilities, payment is suspended until the resumption of the company's activities.

Suspension of an employment contract.

The employment contract may be suspended, which implies the temporary release of the employer and employee from the performance of their duties to each other and does not provide for the termination of labor relations.

Vacation.

The employer may refuse to grant leave to an employee for the period of martial law, except for maternity leave and leave to care for a child, if such an employee is involved in work at facilities classified as critical infrastructure.

Leave without pay can be granted at the request of the employee without restrictions in the number of days and duration for the period of martial law.

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We all hope to return to normal life as soon as possible, but now all the legislative initiatives listed above, even if they are not liked by employees or employers, are a requirement of the time.. Serious changes in our everyday life literally force us to respond quickly and implement legislative acts in a timely manner that will help increase the efficiency of enterprises in wartime..