Ukraine parliament promptly developed and adopted bill No. 7106 on the organization of labor relations in martial law. Indeed, labor law issues in wartime often appear both from an employer and the employees and must be primarily regulated at the legislative level. In the meantime, provisions of the Labor Code of Ukraine and other national laws in labor and employment that do not contradict the adopted law remain in force.
In the light of the foregoing, we have prepared a brief overview of the key provisions of the recently adopted law No. 7106.
Provisions of a new law are aimed at simplifying the procedure of employment in wartime. Hence, in martial law:
- form of the employment contract is chosen based on the mutual consent of the parties;
- probation can be established for any category of employees;
- a fixed-term employment contract may be concluded for the period of martial law or replacement of a temporarily absent employee.
Essential employment conditions change and transfer of an employee
An employer is not obliged to give a two-month period notice about essential employment conditions change.
Transfer of an employee to another job not stipulated in the employment contract is not subject to an employee's consent when:
- such a transfer is required to prevent / eliminate the consequences of hostilities or other life-threatening circumstances;
- new work does not contraindicate to the employee for health reasons;
- salary cannot be lower than the average earnings from previous work.
However, consent of the employee is a must if the employer intends to transfer him to an area where active hostilities are taking place.
The working regime can be regulated as follows:
- the duration of working hours should not exceed 60 hours (50 hours – in case of reduced working hours);
- the employer determines еhe starting and the closing hour of the working day on its own;
- the employee may be denied any leave (except for maternity leave);
- in some cases, women can be engaged to work at night and in hard work.
Salary payments are made based on the terms of the employment contract. However, if it is impossible to pay a salary, remuneration can be suspended until the company resumes its core business.
Termination of employment and suspension of the employment contract
A new law provides for the possibility to suspend employment with an employee, meaning the absence and inability to perform work and, accordingly, inability to pay salary. Reimbursement of unpaid salary and other benefits to an employee, with whom employment is suspended, lies on russia as the aggressor state.
The two-week notice period is not applied in case of dismissal at the initiative of the employee, except when the employee is forcibly involved in community service / works on critical infrastructure (metro, military, etc.).
The law also provides for the possibility to dismiss an employee on the basis of liquidation of the company, if all its production, organizational and technical capacity is destroyed. In addition, dismissal will be possible during sick leave, vacation (except for maternity leave).