Changes in the recruitment procedure under martial law

23/07/2022

Law of Ukraine "On the Organization of Labour Relations under Martial Law" dated 15.03.2022 No. 2136-IX defines the peculiarities of labour relations during the period of martial law introduced in accordance with the Law of Ukraine "On the Legal Regime of Martial Law", the following peculiarities are reported:

  • the employer has the right to establish conditions for a probation period for any category of employees;
  • the parties of the employment contract recognize the form of the contract upon agreement of the parties.

Labour shortages and personnel shortages may occur in wartime. The main reasons for the absence of employees during wartime are:

  • lack of location information;
  • permanent or temporary loss of capability;
  • moving to another area;
  • vacation.

In order to avoid such a situation and quickly attract new employees to work, the law provides for the conclusion of fixed-term employment contracts with new employees for the period of martial law or for the period of replacing of a temporarily absent employee.

Such legislative changes shall be in force during martial law and shall loose their validity from the date of its termination or cancellation.

In addition, Article 13 places full responsibility for compensation of salaries, guarantees, and compensation payments to employees on the state carrying out military aggression against Ukraine.

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