Below are the changes adopted on 12.05.2022 in the first reading:
Termination of employment (grounds):
- the death of a natural person using hired labour or the entry into force of a court decision declaring such a natural person missing or declaring him or her dead;
- death of the employee, recognition by the court of missing persons or declaration of death;
- absence of an employee from work and information on the reasons for such absence for more than four months;
- inability to provide the employee with working conditions, because necessary for the work of the specified employee production, organizational, technical capacity, means of production or property of the owner or his authorized body destroyed because of hostilities, while:
- termination of the contract, in this case, is carried out if it is impossible to transfer the employee with his consent to another job;
- an employee dismissed under this article retains the pre-emptive right to enter an employment contract in the event of return employment;
- upon dismissal, the employee is paid severance pay in the amount of not less than the average monthly salary;
- the employer must notify the employee of the dismissal no later than 10 calendar days before the planned dismissal.
- excluded article – dismissal from part-time work in connection with the hiring of another employee who is not part-time, as well as in connection with restrictions on part-time work provided by law.
Suspension of employment:
- Suspension of an employment contract is a temporary suspension by the employer of the employee’s employment and a temporary suspension by the employee of the work under the concluded employment contract in connection with the military aggression against Ukraine, which excludes the possibility of both parties to the employment relationship to perform their duties, provided by the employment contract. The suspension of the employment contract is carried out by the employer for a period not longer than the period of martial law;
- Suspension of the employment contract is made out by order employer, which provides information on the reasons for the suspension, the term of suspension of the employment contract, the number, and categories of employees to whom it may apply, the conditions for the renewal of the employment contract, etc. The order on the suspension of the employment contract the employer sends for approval to the military-civil administration, which exercises its powers in the relevant territory by means of electronic means agreed with it. The military-civil administration shall inform the employer of its decision within three days from the date of receipt of the order (instruction) on the suspension of the employment contract by electronic means agreed with him. The order (instruction) on suspension of the employment contract comes into force from the date of its approval by the military-civil administration. The approximate form of the order (instruction) on the suspension of the employment contract is approved by the central body of executive power, which ensures the formation of state policy in the field of labour relations.
- Additional leave for certain categories of citizens and victims of the Revolution of Dignity (participants in hostilities, persons with disabilities due to war, and other categories under Article 77-2.) Is 7 calendar days instead of 14 previously established days of leave;
- The right of the employee to transfer the remainder of the annual leave to the new employer in case of transfer to another place of work is excluded. That is, employees transferred from one enterprise, institution, or organization to another enterprise, institution, or organization, who did not use full or partial annual basic leave at the previous place of work are not entitled to transfer the rest of the leave and must receive monetary compensation upon dismissal;
- Excluded unpaid leave, which is provided at the request of the employee, mandatory for the period of anti-terrorist operation in the relevant locality, measures to ensure national security and defence, repel and deter armed aggression of the Russian Federation in Donetsk and Luhansk regions, taking into account the time required to return to work, but not more than seven calendar days after adoption decision to suspend the anti-terrorist operation, measures to ensure national security and defence, repel and deter armed aggression by the Russian Federation in Donetsk and Luhansk regions;
- The period of service that entitles to annual basic leave does NOT include the period when employees called up for military service, military service on conscription of officers, military service on conscription during mobilization, for a particular period, military service on conscription from among reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the special period for the period until its expiration or until the day of actual dismissal remained place of work, position and average earnings enterprise at the time of conscription;
- During the period of martial law, the granting of annual leave to an employee is limited to 24 calendar days for the current working year. If the duration of the employee’s annual basic leave is more than 24 calendar days, the granting of unused days of such leave during martial law is postponed to the period after its expiration. Unused days of annual basic leave, the right to which the employee acquired in previous working years, are not granted during martial law. In case of dismissal of an employee during martial law, he is paid monetary compensation for all unused days of annual basic leave.
- Wages to employees for the entire period of leave is paid before the start of leave unless otherwise provided by law, employment, or collective agreement;
- During martial law, the provisions of Part 3 of Article 32, Article 103 of the Labour Code of Ukraine and other laws of Ukraine on notification of an employee about a change in significant conditions of labour and wage conditions do not apply. That is the norm of notifying the employee of a change in working conditions no later than two months before their introduction or change does not apply.
Accounting for working time and rest:
- Updated article – Normal working hours during martial law can be increased to 60 hours per week for workers working on critical infrastructure (defence, the sphere of livelihoods, etc.).
Monitoring compliance with labour legislation during martial law:
- During martial law, the central executive body implementing the state policy on supervision and control over compliance with labour legislation, and its territorial bodies may carry out unscheduled measures of state control over compliance with labour legislation by legal entities regardless of ownership, type of activity, management, and individuals who use hired labour, in terms of compliance with the requirements of this Law, as well as on the detection of unregistered labour relations and termination of employment contract.
- At the time of declaration of martial law or state of emergency, all notifications and documents on labour relations, orders (instructions) of the owner or the body authorized by him may be carried out and to be conducted in electronic form with the use of technical means of electronic communications or by sending electronic media, on which this document is written, in accordance with the legislation in the field of electronic document management;
- Explanations and terminology on part-time work are given: Part-time work is the performance by an employee, in addition to the main, other paid work under an employment contract in free time from the main work at the same or another enterprise, institution, organization or individual.
- During martial law, the order of organization of office work on labour relations, registration and keeping employment records, and archival storage of the relevant documents in areas of active hostilities determined by the employer independently, provided that reliable accounting of the work performed by the employee and accounting for labour costs.
The law is valid during martial law imposed in accordance with the Law of Ukraine “On the Legal Regime of Martial Law” and expires from the date of termination or abolition of martial law, except for the third part of Article 13 and Article 15 of this Law. Military aggression against Ukraine related to labour relations of sums of money lost because of armed aggression.