Ukrainian legislation needs to be amended to allow Ukrainians to compensate for the lack of work during the war, and the time of forced actual unemployment to be included in the length of service.. This was stated by a leading researcher at the Human Development Research Department of the Institute of Demography and Social Research named after N.. Birds of the National Academy of Sciences of Ukraine Irina Novak, whose commentary is at the disposal of the editors.

So, today the law "

Such a norm was adopted in connection with the military aggression against Ukraine and the related inability of the employer to provide the employee with work, and the employee to perform work under the concluded employment contract..

At the same time, the same law establishes that the reimbursement of wages, guarantee and compensation payments to employees for the period of suspension of the employment contract is carried out at the expense of the aggressor state.

In addition, the official commentary on Law No. 2136 issued by the Ministry of Economy draws attention to the fact that when the employment contract is suspended, the Unified Social Contribution (ESC) is not paid, since the employer does not pay wages and there is no basis for its calculation..

The Ministry of Economy believes that the reimbursement of unpaid ERUs should also be made at the expense of the aggressor state. However, this issue is not even regulated by law No. 2136..

Taken together, all these provisions, which are currently either absent in the legislation or impossible to implement, actually limit the access of workers to assistance in the system of compulsory state social insurance.. Including - through a reduction in the length of service in the appointment of an old-age pension and the payment of temporary disability benefits, the likelihood of which is significantly increased due to hostilities.

In addition, an employee whose employment contract is suspended is considered employed and cannot receive the status of unemployed and unemployment benefits..

This situation is a violation of the constitutional right to social protection, as well as the obligations taken by Ukraine when ratifying the International Labor Organization Convention No. 102 on minimum standards of social security (1952).

From an economic point of view, the termination of an employment contract without termination of employment relations is the legalization of hidden unemployment. This will have negative social and economic consequences..

One of the options for their elimination is the transfer of hidden unemployment into an open form, for which it is necessary to simplify the procedure for dismissing employees, as provided for by the draft Law of Ukraine " 04. 2022).

But in this case, unemployment will grow in the country, and when the war ends, employers will be forced to look for new workers to replace the professional teams that have been formed for many years..

It is more expedient to extend to the situation with the suspension of an employment contract in connection with military aggression against Ukraine the norms of legislation on the payment of partial unemployment benefits for the period of quarantine established by the Cabinet of Ministers in 2020 to prevent the spread of COVID-19 in Ukraine.

For this you need:.

make changes to. 3 st. 13 of Law No.

2136 on reimbursement at the expense of the aggressor state of ERUs and expenses of the Social Insurance Fund in case of unemployment related to the payment of partial unemployment benefits in the event of suspension of the employment contract in connection with military aggression against Ukraine;

The Law of Ukraine " 47-2, which regulate the provision of partial unemployment benefits in the event of suspension of the employment contract in connection with military aggression against Ukraine;

amend paragraph 3. 1 st. 24 of the Law of Ukraine "