Rada proposes bill deregulating labor relations during martial law

Member of parliament Halyna Tretyakova (the Servant of the People faction), the head of the parliamentary committee on social policy, has proposed to deregulate certain conditions of labor relations for the period of martial law in order to quickly attract workers and eliminate personnel shortages and labor shortages.

She registered relevant bill No. 7160 on the organization of labor relations under martial law in the Verkhovna Rada on Monday.

According to it, employers are allowed to conclude fixed-term employment contracts with new employees for the period of martial law or for the period of replacement of a temporarily absent employee. The Ministry of Economy has already given such a recommendation on its website on Monday.

The bill also gives the employer the right to transfer an employee to another job not stipulated by the employment contract for the period of martial law without his consent (with the exception of transfer to work in another area where active hostilities continue).

In addition, the employer, if the document is accepted, will be able to terminate the employment contract with the employee in connection with the liquidation of the enterprise due to the destruction of all its production, organizational or technical capacities as a result of hostilities. The employee must be warned about such dismissal no later than 10 days with the payment of a severance pay in the amount of at least the average monthly salary.

In turn, the employee, in connection with the conduct of hostilities in the area of his work, can terminate the employment contract on his own initiative without a two-week warning period (with the exception of forced engagement in community service or at critical infrastructure facilities), the bill says.

The document allows for an increase in normal working hours during martial law up to 60 hours a week, and for employees with reduced working hours - up to 50 hours a week, the start and end time of daily work is determined by the employer.

"A five-day or six-day working week is set by the employer by decision of the military command together with the military administrations," one of the articles of the document also reads.

In addition, the duration of the weekly uninterrupted rest can be reduced to 24 hours.

Among other norms of the bill, the organization for the period of martial law of personnel records management and archival storage of personnel documents at the discretion of the employer, a number of restrictions on overtime work are removed, the use of the labor of women (except for pregnant women and with a child under one-year old) is allowed in heavy work and work with harmful or dangerous working conditions.

"If it is impossible to pay wages due to hostilities, the payment of wages may be suspended until the enterprise's ability to carry out its main activities is restored," one of the articles of the bill states.

The document also, if adopted, will allow stopping certain provisions of the collective agreement, refusing to provide an employee with any type of leave, except for maternity leave and parental leave, if such an employee is involved in performing work at facilities classified as critical infrastructure.

At the same time, during the period of martial law, the employer, at the request of the employee, may grant unpaid leave without restriction.

The bill also contains an article on the suspension of an employment contract - this is a temporary release of the employer from the obligation to provide the employee with work and the temporary dismissal of the employee from the obligation to perform work under the concluded labor contract, which does not entail the termination of labor relations.

"Reimbursement of wages, guarantee and compensation payments to employees in the event of suspension of the employment contract in full is assigned to the state carrying out military aggression," the bill says.