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, as well as persons working under an employment contract with individuals.
The changes were adopted by law No. 2136-IX "
The law is designed to deregulate and liberalize certain conditions of labor relations under martial law in order to eliminate personnel shortages and labor shortages.
What is the main thing for employers with employees in Law No. 2136-IX:.
the form of the employment contract is determined by the parties by mutual agreement, the condition for testing (internship) can be established for any category of workers;
if the employee is actually absent from work due to the fact that he was evacuated, temporarily disabled, is on vacation, 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 warning (if we are not talking about transferring to work in another locality, in the territory where hostilities continue, if the new job is not contraindicated for the employee due to;
An employee who is in a war zone can terminate an employment contract on his own initiative without a two-week working off, that is, the date in the letter of resignation may be equal to the date of dismissal;
the employer has the right to dismiss an employee during sick leave or vacation (exceptions are maternity leave and parental leave up to 3 years old). The date of dismissal will correspond to the first working day after sick leave or vacation;
the permissible (normal) working hours of employees during martial law, if necessary, can increase from 40 to 60 hours a week. Reduced schedule - up to 50 hours per week. Reducing uninterrupted rest - up to 24 hours a week;
during the period of martial law, pregnant women, women with a child under the age of 1 year, persons with disabilities are not involved in night changes.
if there is consent to hard work, underground work and work with harmful or dangerous working conditions, women can be involved (except for pregnant women and those with children under the age of 1 year);
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;
the release of the employer from liability for late payment of wages does not relieve him of the obligation to pay wages after the resumption of work 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 refuse the employee annual leave if he works at critical infrastructure facilities;
during the period of martial law, the employer, at the request of the employee, may grant him leave without pay without limiting the period established by part 1 of article 26 of the Law of Ukraine \;
the employment contract may be suspended. Suspension of an employment contract is not a dismissal, that is, it does not entail the termination of employment relations.
This is a temporary cessation by the employer of providing the employee with work and a temporary cessation by the employee of the performance of work under the concluded employment contract.
As a reminder, earlier the Ministry of Economy provided a detailed explanation of the procedure for actions of employers from March 24.. In particular, the ministry spoke about the rights of mobilized and terrorist defense, the rules of remote control when employees move abroad, the provision of leave in case of impossibility to go to work, as well as simple.