Analysis of the Law of Ukraine “On the organization of labor relations in martial law” №7160 dated 15.03.2022
further – the Law
Effect and application of the Law
- Features of the organization of labor relations are established:
- by the time – for the period of martial law imposed in accordance with the Law “On the legal regime of martial law”.
The law is valid during martial law, introduced in accordance with the Law “On the legal regime of martial law”, and expires from the moment of termination and abolition of martial law (except for Part 3 of Article 13 of the Law).
- for such persons: a) Employees of all enterprises, institutions, organizations, regardless of ownership, type of activity, industry affiliation; b) Persons who have concluded employment contracts with individuals.
Concluding an employment contract
- The form of the employment contract is determined by agreement, it is not necessary to adhere to the written form of the employment contract.
- The grounds for concluding fixed-term employment contracts are expanding.
Employers may enter into fixed-term employment contracts with new employees for the duration of martial law OR for the period of replacement of a temporarily absent employee in case of actual absence of employees who: a) were evacuated to another area as a result of hostilities; b) are on vacation; c) downtime; d) temporarily lost their ability to work; e) whose fate is temporarily unknown.
Transfer, change of essential working conditions
- The requirement of two months’ notice to the employee by the employer about changes in significant working conditions does not apply.
- Under certain conditions, the Employer may transfer the employee to another job, not stipulated in the employment contract, without his consent (EXCEPT, transfer to work, to another area where active hostilities continue).
Termination of employment contract
- The employment contract may be terminated at the initiative of the employee without mandatory notice of the employer for two weeks in the event of hostilities in areas where the company is located, institution, organization, and threats to life and health of the employee.
- At the initiative of the employer.
The guarantees provided by part 2 of Art. 40 of the Labor Code, namely: dismissal at the initiative of the employer is allowed i) during the period of temporary incapacity of the employee, as well as ii) during the employee’s leave, except for maternity leave and childcare leave.
Working hours and rest time
- Normal working hours for the period of martial law is not more than 60 hours per week, and for employees who are required by law to reduce the reduced working hours – not more than 50 hours per week.
- A five-day or six-day working week is set by the employer at the discretion of the military command together with the military administrations.
- The right of the employer to determine the time of beginning and end of daily work (changes).
- The duration of the weekly uninterrupted rest must be at least 24 hours.
- Such norms of labor legislation do not apply:
- concerning the reduced duration of work on the eve of holidays and non-working days (Article 53 of the Labor Code);
- concerning the limit norms of overtime work (Part 1 of Article 65 of the Labor Code);
- on the transfer of holidays and non-working days, if they coincide with the day off, including the recommendations of the Cabinet of Ministers (Part 3-5 of Article 67 of the Labor Code).
- Regarding the ban on work on weekends and compensation for such work, the establishment of holidays and non-working days (Articles 71-73 of the Labor Code).
Work at night not subject to reduction by 1 hour (not applicable Part 1-2 of Article 54 of the Labor Code).
The use of women’s labor is allowed on heavy work and on work with harmful or dangerous working conditions, and also on underground works, EXCEPT pregnant women and women who are breastfeeding under one year of age.
Employees who have children (EXCEPT pregnant women, women with children under 1 year of age, persons with disabilities who are contraindicated for such work), may be involved in night and overtime work, work on weekends, holidays and non-working days, go on business trips with their consent.
The employer is released from liability for late payment of wages if he proves that this violation occurred as a result of hostilities and other force majeure.
In this case, the employer’s obligation to pay the salary must be fulfilled by him.
- In case of impossibility to pay wages in time due to hostilities, the term of payment of wages may be postponed until the resumption of the enterprise.
Certain provisions of the collective agreement may be suspended at the initiative of the employer.
- • The employer may refuse to grant any type of leave (EXCEPT maternity leave and childcare leave) only if such worker is involved in critical infrastructure work.
- Unpaid leave may be granted indefinitely. The limit of 15 calendar days per year has been lifted for this type of leave.
Suspension of the employment contract – it is a temporary termination by the employer of providing the employee with work and a temporary termination by the employee of performance of work under the concluded employment contract.
Carried out under the following conditions:
- (1) carried out in connection with military aggression against Ukraine, (2) which excludes the possibility of providing and performing work.
- Does not entail termination of employment.
- If possible, the employee and the employer should inform each other about the suspension of the employment contract in any available way.
- Reimbursement of wages, guarantee and compensation payments to employees for the period of suspension of the employment contract is fully entrusted to the state, which carries out military aggression against Ukraine (Part 3 of Article 13 of the Law).
- This provision of the Law will continue to apply even after the cessation and abolition of martial law until the end of the payment of compensation by the state carrying out the aggression against Ukraine.