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Publication date: 06.05.2024
active and purposeful military lawyer with more than 4 years of experience
Termination of the employment contract at the initiative of the employee with the employer who is in the area of hostilities
How can an employee terminate an employment contract if the employer is in the war zone?
ANSWER
Regulatory and legal framework:
1. Law of Ukraine dated March 5, 2022 No. 2136-IX "On the organization of labor relations under martial law" (hereinafter - Law No. 2136).
2. Law of Ukraine dated July 5, 2012 No. 5067-VI "On employment of the population" (hereinafter - Law No. 5067).
3. Code of Labor Laws of Ukraine (hereinafter - Labor Code).
4. The procedure for registration, re-registration of the registered unemployed and keeping records of persons looking for work, approved by Resolution No. 446 of the Cabinet of Ministers of Ukraine dated March 30, 2023.
An employment contract is an agreement between an employee and an employer under which the employee undertakes to perform the work specified in this agreement, and the employer undertakes to pay the employee wages and provide working conditions necessary for the performance of the work. Termination of the employment contract is the basis for terminating the employment relationship between the employee and the employer.
During the period of martial law, the specifics of labor relations of employees are determined by Law No. 2136. During the period of martial law, the norms of labor legislation in relation to relations regulated by this Law shall not be applied.
The algorithm for terminating the employment contract at the initiative of the employee, provided that the employer is in the area of hostilities
Step 1. Termination of the employment contract, if there is a relationship with the employer
Notify the employer of the intention to terminate the employment contract.If the enterprise is located in areas where hostilities are taking place, and there is a threat to the life and health of the employee, the employee may terminate the employment contract on his own initiative within the period specified in his application (except in cases of forced involvement in community service under martial law , involvement in work on critical infrastructure facilities).
Step 2. Termination of the employment contract if there is no connection with the employer
• Obtain the status of an internally displaced person (by submitting an application through "Diya" or personally applying to the Center for the Provision of Administrative Services (TsNAP), the executive body of the local council or the department of social protection of the population of the local state administration, or fill out an application that is created on the Unified State Web Portal of Electronic Services).
• Contact the employment center at your place of residence to obtain unemployment status.
Importantly! The categories of persons who can acquire the status of unemployed are defined in Article 43 of Law No. 5067.
• Submit an application to the public employment center in the name of the employer about the termination of the employment contract according to the prescribed form. The application can be submitted in person during a direct visit to the employment center or in electronic form using the means of the Unified state web portal of electronic services, the web portal of the employment center or through the means of telecommunications.
Dismissal occurs through granting the person the status of unemployed, receiving unemployment benefits and social services. The date of termination of the employment contract is the day following the day of submission of such application.
Importantly! A registered internally displaced person who does not have the documents necessary for granting the status of unemployed receives the status of unemployed without the requirements applied under the normal procedure.
During martial law, a person who is in the territory of territorial communities located in the area of military (combat) operations or who are under temporary occupation, encirclement (blockade), can apply to any employment center by any means of communication available to him, in particular, electronic ones, with an application for granting the status of registered unemployed.
The employment center on the day of termination of the employment contract reports:
- the employer (the method of notification can be any: phone call, e-mail).In the event that such persons have not terminated their employment contracts with an employer located in an uncontrolled territory or for which there is no information about the place of stay, the application is kept in the territorial body of the central executive body that implements the state policy in the field of population employment and labor migration, in the controlled territory until the moment of deoccupation (unblocking) of the relevant territories, after which within 7 calendar days he notifies the employer (by any means of communication, including electronic);
– territorial body of the Pension Fund of Ukraine;
– territorial body of the State Tax Service.
Actions of the employer after receiving a notice of termination of the employment contract
The employer, after receiving information about the unilateral dismissal of an employee:
• issues a copy of the dismissal order to the employee;
• conducts the final settlement with the employee
• makes an entry in the labor book and issues it to the employee. At the employee's request, his work book can be sent to him by mail. If it is not possible to send the work book by mail, and the employee cannot receive it in person, such work book must be kept by the employer.
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Step 3. In case of impossibility of dismissal on his own initiative, such a person can draw up an employment contract on the terms of co-employment.
As of today, the restrictions on part-time work, which relate to the duration of work, have been abolished. Thus, in accordance with Article 102-1 of the Labor Code, part-time work is considered to be part-time work performed by an employee, in addition to the main, other paid work under the terms of an employment contract in the time free from the main work at the same or another enterprise, institution, organization or employer - a natural person. Part-time employees are paid for the work actually performed.
