Life, and employment, go on in Ukraine but the war has created many pressing and unprecedented issues for employers and employees. Our lawyers in Ukraine have been keeping us posted about the numerous labour law questions that are arising from both the employer's and employees' point of view. New legal provisions have established some temporary rules.
A new law provides for the possibility to suspend employment with an employee. This means the employee will be absent and unable to perform work and, the employee does not pay salary. Reimbursement of unpaid salary and other benefits to an employee whose employment is suspended is considered to be the responsibility of Russia as the aggressor state.
An employee is entitled to terminate his or her employment contract within a period specified in his or her employee’s notice if the hostilities are taking place in the area where the workplace is located and in the event of a threat to the life and health of the employee. This is in contrast to the 14-day notice period previously in force. If the employee is forcibly involved in community service or works on critical infrastructure (metro, military units, etc.), the two-week notice period continues to apply.
The law does not provide any new grounds for dismissal in wartime but allows dismissal during sick leave and vacation (except for maternity leave) without trade union consent.