Changes in labour relations for the perid of martial law

The Law of Ukraine "On the Organization of Labour Relations in the Conditions of Martial Law" of 24 March 2022 introduced changes that adapted the labour legislation in accordance with the conditions of martial law.

The most important changes are:

• The number of working hours cannot exceed 60 hours per week (in peacetime it was 40 hours), for employees with reduced working hours - no more than 50 hours;
• It became possible to conclude fixed-term employment contracts with new employees for the period of martial law or for the period of replacing a temporarily absent employee;
• During the period of martial law, the employer may transfer his employees to another job, not stipulated by their employment contracts, without their consent, if it is not contraindicated for employees due to their health (except for transfer to another area where active hostilities are ongoing);
• Employees are given the right to resign on their own initiative without observing a two-week warning period in connection with the conduct of hostilities in the areas where the enterprise is located and there is threat to the life and health of employees (except for forced involvement in community service under conditions of wartime, as well as if such employees are involved in the performance of work on objects classified as critical infrastructure);
• The employer has the right to terminate the employment contract with the employee by notifying him / her no later than 10 days in advance, provided that the enterprise is liquidated in connection with destruction due to hostilities;
• The employer may suspend wage payments to employees in case of impossibility of payment due to hostilities until the enterprise's ability to carry out its main activities is restored;
• The employer may refuse to grant leave to an employee, if such an employee is involved in the performance of work at facilities classified as critical infrastructure (except for leave due to pregnancy and childbirth and leave to care for a child);
• During the period of martial law and at the request of the employee, the employer may grant leave without salary without restrictions;
• It became possible to suspend the employment contract (if the employer cannot provide the employee with a job or the employee cannot work). At the same time, the suspension of the employment contract does not entail the termination of employment relations.

Thus, the new rules have affected employees of all enterprises, institutions, organisations, regardless of the forms of ownership, type of activity, and branch affiliation, as well as persons working under employment contracts with individuals.