18:25 15.03.2022

Rada deregulates labor relations for period of martial law

4 min read
Rada deregulates labor relations for period of martial law

The Verkhovna Rada has deregulated certain conditions of labor relations for the period of martial law in order to promptly attract workers and eliminate the shortage of personnel and labor force.

The relevant law (No. 7160) On the organization of labor relations under martial law was adopted by parliament on Tuesday with 344 votes, according to information on its website.

According to the document, in particular, 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, although the Ministry of Economy has already given such a recommendation on its website on Monday.

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

In addition, during a period of martial law, an employer may dismiss an employee during his temporary disability or leave (except for maternity leave and child care) from the first day after the end of disability or leave.

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 per week, and for workers with reduced working hours - up to 50 hours per 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 of personnel records management and archival storage of personnel documents during martial law at the discretion of the employer, a number of restrictions on overtime work are removed, the use of women's labor (except for pregnant women and with a child under one year old) is allowed in hard work and work with harmful or dangerous working conditions.

"If it is impossible to pay wages on time due to hostilities, the payment period may be delayed until the enterprise resumes its activities," one of the articles of the law says.

In addition, the employer is released from liability for violation of the terms of remuneration if he proves that the cause was the conduct of hostilities and other force majeure circumstances. "Exemption from liability for untimely payment of labor does not relieve from the obligation to pay wages," the document says.

He also allowed to stop certain provisions of the collective agreement, to refuse to provide an employee with any type of leave, except for maternity leave and parental leave, if such an employee is involved in 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 law also contains an article on the suspension of the employment contract - this is the temporary termination by the employer of providing the employee with work and the temporary termination by the employee of the performance of work under the concluded labor contract, which does not entail the termination of labor relations. "Reimbursement of wages, guarantee and compensation payments to employees for the period of suspension of the employment contract in full is assigned to the state carrying out military aggression," the document says.

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