A man was enlisted to help clear the debris after another missile attack and under a temporary contract. What working conditions and labor rights sych a person can count on – read further.
Labor obligation
The duty of every citizen of Ukraine during martial law is to defend the country, promote the stability of the economy and work where it is needed. In the conditions of war, all the efforts of society should be directed at resisting the aggressor and overcoming the consequences of the invasion. This makes it necessary to increase the number of labor resources involved in ensuring the functioning of society. One of these resources is the involvement of able-bodied people in public works.
People are often involved in civic duty through employment services. Enterprises-customers of public works submit a request and receive suitable candidates with whom they conclude short-term contracts.
Taking into account the state of war in Ukraine, labor obligations can be introduced for able-bodied persons to involve them in performing public works.
In accordance with item 3 of the Procedure for the involvement of able-bodied persons in public works under martial law, approved by Resolution No. 753 of the Cabinet of Ministers of Ukraine of July 13, 2011, public works are types of temporary labor activities of able-bodied persons under martial law, which are carried out to perform work, which are of a defensive nature, liquidation of man-made, natural and military emergencies that arose during the period of martial law and their consequences, meeting the needs of the Armed Forces, other military formations and civil defense forces, ensuring the functioning of the national economy and the system of ensuring the livelihood of the population.
Who can be involved?
Able-bodied persons, including persons who are not subject to conscription for military service, who, due to their age and health, do not have restrictions to work under martial law (except for able-bodied persons involved in work in the defense sector) are involved in public works and the sphere of ensuring the livelihood of the population and are reserved for enterprises during the period of martial law for the purpose of performing works of a defensive nature, as well as persons involved in the implementation of measures of national resistance), namely:
- registered unemployed and other unemployed persons, including internally displaced persons;
- employees of enterprises operating under martial law (in agreement with their managers), who are not involved in the implementation of mobilization tasks (orders) and are not included in the composition of civil defense object formations, in the order of transfer;
- persons who are self-employed;
- higher education students, students and trainees of vocational and technical educational institutions;
- persons who provide themselves with work independently.
Obligations of the parties
A fixed-term employment contract is concluded with each person involved in the work. They are subject to the requirements of legislation in the field of labor protection. In addition, in accordance with Article 20 of the Law of Ukraine "On Legal Regime of Martial Law", in the process of labor activity of persons subject to compulsory labor, compliance with such standards as the minimum wage, minimum vacation period and rest time between shifts, and maximum working hours is ensured, taking into account the state of health of the person, etc.
During the time when the working person is involved in the performance of labor duties outside the place of their work under the employment contract, after the completion of such work, the corresponding workplace (position) is kept for them.
In case of refusal to perform public works in the conditions of martial law without good reasons, which are confirmed by the relevant documents, the registration of the unemployed person is terminated.
