LABOUR RIGHTS DURING MARTIAL LAW MAY BE LIMITED

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LABOUR RIGHTS DURING MARTIAL LAW MAY BE LIMITED

The law limits the rights and freedoms determined under Articles 43 and 44 of the Constitution for the duration of martial law.

The law also strengthens the role of the employer and narrows labour rights of employees.

Significant changes introduced by the law are as follows:

  • It is possible to establish a probation period for any category of employees.
  • An employer can transfer an employee to another position without their consent to eliminate [AS1] consequences of military operations.
  • The requirement to provide a two-month advance notice to effect changes in the employees’ essential work terms is abolished.
  • An employee can be dismissed during their temporary disability and when they are on holiday, save for maternity and childcare leaves.
  • Normal working hours may not exceed 60 hours per week. The employer establishes a five-day or six-day working week by the decision of the military command together with the military administration. The duration of the weekly uninterrupted rest may be reduced to 24 hours.
  • It is allowed to engage women (except pregnant women and women raising a child under the age of one) in heavy work and works with harmful or hazardous working conditions and underground work.
  • The employer must do its best to pay salary. However, the employer is released from liability for delay in payment of the salary if such delay is caused by military operations or other force majeure circumstances. The deadline for salary payment may be delayed until the end of military operations.
  • Specific provisions of collective bargaining agreements may be suspended at the employer’s initiative.
  • An employer may refuse to grant any leave, except for maternity or childcare leave for employees involved in work at critical infrastructure facilities.
  • An employment contract may be suspended due to military aggression against Ukraine, which excludes the possibility of work. The aggressor country must further reimburse salary and other allowances for the entire period of such suspension. 
  • During martial law, the duration of unpaid vacation may be unlimited.

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