The war affected all spheres of Ukrainians’ lives. The introduction of martial law made certain adjustments in many processes, in particular, it changed the working conditions. Read more about innovations in the organization of work.
Legal principles
During the period of martial law, restrictions on the constitutional rights and freedoms of a person and a citizen are introduced, provided for in Articles 43 (everyone has the right to work, which includes the opportunity to gain his living by work which he freely chooses or accepts) and 44 (those who are employed, have the right to strike for the protection of their economic and social interests) of the Constitution of Ukraine.
Employment contract
The parties, by agreement, determine the form of the employment contract. When concluding the employment contract, the condition of trial period for the employee at the time of hiring may be established for any category of employees.
The employer may enter into fixed-term employment contracts with new employees during the period of martial law or for the period of replacement of a temporarily absent employee.
In connection with the conduct of hostilities in the areas where the enterprise, institution, organization is located, and the threat to the life and health of the employee, they may terminate the employment contract on their own initiative without a two-week notice period (with the exception of forced involvement in social useful work in wartime conditions, as well as if such an employee is involved in the performance of work on objects classified as critical infrastructure).
It is allowed to dismiss an employee at the employer's initiative during the period of temporary incapacity for work, as well as during the period of the employee's vacation (except for maternity leave and leave to take care of a child until the child reaches the age of three).
Forms of labor organization
During the period of martial law, such forms of organization as work from home and remote are used. Remote workers work from anywhere of their choosing. At the same time, they must be in contact with the employer using information and communication technologies. A home worker performs work at the place of residence or in other places chosen outside the employer's premises. Such work is characterized by a fixed working area or technical means.
Transfer
The employer has the right to transfer the employee to another job that is not stipulated by the employment contract, without latter’s consent (except for transfer to another area, on the territory of which active hostilities are ongoing in the following cases):
- if such work is not contraindicated for the employee due to health;
- only to avert or eliminate the consequences of hostilities, as well as other circumstances that pose or may pose a threat to people's lives or normal living conditions.
At the same time, the salary for the work performed is not lower than the average salary for the previous job.
Duration of working hours and rest
Normal working hours may be increased to 60 hours per week at critical infrastructure facilities with a proportional increase in.
Up to 40 hours per week — reduced working hours provided for employees with reduced working hours at critical infrastructure facilities with a proportional increase in salaries.
The employer determines the start and end time of the daily work (shift).
If previously employees had to rest at least 42 consecutive hours every week, during the period of martial law, the rest period can be reduced to 24 hours.
In addition, the following are cancelled:
- ban to work on weekends;
- reduced working day on the eve of holidays, non-working days and weekends;
- postponement of a day off, if a holiday or non-working day coincides with a day off;
- restrictions on overtime work.
Pay
During the period of martial law, salaries are paid to the employee under the conditions specified in the employment contract. The employer must take all possible measures to ensure the realization of the right of employees to timely receipt of salaries, but there are cases when the employer is exempted from responsibility for violation of the obligation regarding payment terms, if proved that this violation occurred as a result of:
- hostilities;
- other force majeure.
Releasing the employer from responsibility for late payment does not release from the obligation to pay salaries.
Vacations
The granting of annual basic leave to an employee by the employer's decision may be limited to 24 calendar days for the current working year.
An employer may refuse to grant the employee any type of leave (except maternity leave and leave to care for a child up to the age of three) if such an employee is involved in performing work on critical infrastructure facilities.
At the request of the employee who has left the territory of Ukraine or has acquired the status of an internally displaced person, the manager must grant them leave without pay for the duration specified in the application, but no more than 90 calendar days, without counting the time spent on leave as length of service, which gives the right to annual basic leave.
