Martial law - impact on labor relations in Ukraine - JD Supra
On March 24, 2022, the Law of Ukraine “On Organization of Labor Relations under Martial Law,” dated March 15, 2022, entered into force.
This Law, save for a few exceptions, is effective for the duration of martial law. Martial law has been extended until April 25, 2022.
1. Conclusion of employment agreement
The form of an employment agreement is determined solely by the parties; it may be either written or oral.
The probationary period can apply to all categories of employees, i.e. the employer’s right to set a probationary period when hiring has been expanded.
Employers have the right to enter into fixed-term employment agreements in order to replace employees who have been evacuated or whose location is unknown (and in other cases). Such fixed-term agreements may be concluded both for the duration of martial law and until the return of the employee being replaced.
2. Transfer, changes in the essential terms of employment
The employer may unilaterally transfer an employee to another job, except for cases of transfer to an active combat zone.
Changes in any essential terms of employment (other than a salary reduction), including changing the terms of payment of remuneration, benefits, working hours, etc., does not require giving the employee two months’ notice.
Thus, the employer is able to decide on a transfer or changes in essential terms of employment without delay.
3. Dismissal
An employee may terminate his employment on his own initiative at any time if the employer is located in an active combat zone (except for employees engaged in community services or at critical infrastructure facilities, etc.).
The dismissal of an employee at the initiative of the employer is allowed without the trade union’s consent, except for employees elected to the trade union bodies.
4. Working hours
The standard working hours can be up to 60 hours per week (instead of the 40 hours that normally apply), and up to 50 hours per week for special categories of employees to whom reduced working hours apply. The duration of the weekend can be reduced to 24 hours.
In addition, the list of employees who cannot be involved in night work has been reduced, and the list of employees who may be involved in heavy work, overtime work, etc. has been expanded.
5. Payment of salary
If salary cannot be paid on time due to active military conflict, the payment of salary may be suspended until the employer resumes its business activity. At the same time, the employer shall be released from liability for violating the term set for payment of salary.
6. Suspension of the employment agreement
An employment agreement may be suspended, and in such case no salary is paid. The suspension of an employment agreement does not entail the termination of employment relations. The unpaid remuneration due to the employee during the period of suspension of the employment agreement shall be reimbursed by the aggressor state, but currently, there is no procedure for such reimbursement.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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source: https://www.jdsupra.com/legalnews/martial-law-impact-on-labor-relations-9516689/
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