Is there a threat of dismissal due to the war: the National Security and Defense Council gave an answer. All labor relations during martial law are regulated by law.
This is reported by the website of the National Security and Defense Council.
IF I AM NOT GOING TO WORK BECAUSE OF THE WAR CAN I BE FIRED?
The labor law does not provide for such grounds for dismissal as war. If the employee (s) does not get in touch or stay, the employer can classify this for three reasons:.
“NV” (“non-attendance for unexplained reasons”), “DV” (“other types of non-attendance provided for by collective agreements”) or “D” (“other reasons for non-attendance”).
The State Labor Service of Ukraine strongly recommends not to dismiss workers for absenteeism. Experts say that the recommendation is still known, but no sanctions are expected for its violation, although individual cases may be challenged in court..
HOW TO REGISTER YOUR ABSENCE AT WORK?
If the employee(s) reported the location in a timely manner, the employer may propose the following actions:.
a) take one of the holidays provided for by law;
By the way, other types of vacations can be established in collective agreements, agreements and employment contracts.. Therefore, it is also necessary to analyze the internal regulations of the employer regarding other guarantees in the event of an emergency or martial law..
b) arrange remote work; your employer may offer you remote or home-based work or flexible working hours.
c) if the employee (s) are subject to mobilization, then the Law guarantees the preservation of the workplace and average earnings.
WHAT IS REMOTE AND HOME WORK?
Remote work is a form of labor organization when a person works outside the office using information and communication technologies. In this case, the employee independently determines the workplace and is responsible for ensuring safe and harmless working conditions..
Home work is a form of labor organization in which work is performed by an employee at his place of residence or in other premises where there will be access to everything to perform work outside the production or work premises of the owner of the enterprise, institution, organization or body authorized by him.
WHAT IS FLEXIBLE WORKING HOURS?
Flexible working hours is a form of labor organization that allows the establishment of a different mode of work than that specified in the internal labor regulations.. The main thing here is to observe the norm of working hours..
The employer must make sure that the employee can safely perform the assigned work at home, the employee has the appropriate equipment and tools for safe work, appropriate protective equipment and devices. If the employee has a disability, the employer must take care of the arrangement of the workplace, as well as take measures to ensure the physical and psychological health of employees.
The use of flexible working hours does not affect the rationing and remuneration of employees, the procedure for calculating and the amount of additional payments, bonuses, does not provide benefits when calculating the length of service, etc..
WHAT ARE THE TYPES OF FLEXIBLE WORKING HOURS
a flexible working day is a day during which the daily allowance of time must be fully worked out in a day;
a flexible working week is a week during which the weekly norm of working hours must be worked out completely within a week;
flexible working month is a month during which the established norm of working hours must be fully worked out during the reference month.
Under conditions of flexible working hours, the duration of the shift cannot exceed 12 hours per day.
The maximum total working time per day for women with children should not exceed 10 hours.
For the period of armed aggression, flexible working hours may be established by order of the owner or a body authorized by him.. The employee must familiarize himself with the document within two days from the date of its adoption, but before the introduction of flexible working hours. In this case, the norms regarding a significant change in working conditions do not apply..
https://golos. ua/ Keywords:.