Publication date: 09.05.2024
Dismissal for collaborationism will take place with the consent of the trade unions.
Draft Law No. 7731 adopted by the Verkhovna Rada "Draft of the Law on Amendments to the Labor Code of Ukraine on Establishing Additional Grounds for Termination of an Employment Contract at the Employer's Initiative and Some Other Matters" provides additional grounds for employers at critical infrastructure enterprises to fire workers for collaborationism. Currently, the Cabinet of Ministers has three months to develop detailed regulations. People's deputy, member of the Committee for Social Policy and Protection of Veterans' Rights Taras Tarasenko told about it.
"In the conditions of war, it is necessary to create new frameworks so that employers can ensure the safety of the enterprise, this is especially relevant for critical infrastructure enterprises. In the approved draft law, we have prescribed such conditions under which the Cabinet of Ministers will be able to develop rules for the dismissal of persons by the employer, if the investigation revealed facts that could harm the company or the country," the politician said.
He added that detailed rules developed by the Government will necessarily be agreed with the Association of Employers of Ukraine and trade unions.
"We predicted that the dismissal of collaborators can take place only with the consent of the trade unions. It is very important that in this matter we need to find a balance between state interests and ensuring human rights," the People's Deputy emphasized.
The draft law proposes the mandatory introduction of rules of conduct at enterprises, institutions, organizations of strategic importance for the state and critical infrastructure facilities.You may also be interested in the following articles: illegal dismissal lawyer legal advice dismissal legal advice dismissal legal advice on dismissal reinstatement lawyer
Relevant rules of conduct should contain provisions, in particular, about:
- provision by employees of information regarding their existing connections with natural persons whose place of permanent residence (stay, registration) is located in the territory of the aggressor state or the temporarily occupied territory of Ukraine;
- the obligation of employees not to disclose information with limited access, in particular, information that constitutes a state or commercial secret, as well as conditions for working with confidential information.
Conclusion
Draft Law No. 7731, which provides for additional grounds for terminating the employment contract at the initiative of the employer at critical infrastructure enterprises, caused a wide reaction from the public and experts. Its adoption shows an attempt to legislatively respond to modern challenges and ensure the country's security during the wartime period. However, it is important to ensure a balance between state interests and human rights to avoid possible abuse of these rules. The development of detailed rules by the Cabinet of Ministers, which will be agreed with the Association of Employers of Ukraine and trade unions, should take place taking into account this balance.It is also important that the rights of employees are given due consideration, particularly in relation to maintaining the confidentiality of information and ensuring fairness in the relationship between employer and employee.
