See more
Publication date: 10.05.2024
Remote work during martial law: legal aspects.
The imposition of martial law on the territory of the country raises numerous legal issues, especially in the field of labor and employment. One of the possible solutions to ensure business continuity is the transition to a remote form of work. According to the legislation, such a transition has its own legal aspects that should be considered.
1. Labor legislation and remote work
According to current labor laws, telecommuting is a permissible form of work that can be used during martial law. However, for the legitimate use of remote work, it is necessary to take into account the requirements of the legislation regarding the conclusion and execution of employment contracts in such conditions.
2. Means of ensuring labor safety
One of the key aspects of telecommuting is ensuring employee safety. During martial law, when there may be an increased risk to workers, the employer must ensure adequate safety and health measures for workers engaged in telework. This may include providing the necessary equipment for working from a remote location, ensuring data and information security, as well as providing advice on occupational health and safety issues.
3. Changes in labor agreements
The transition to remote work may require changes in employment agreements between employees and employers. Such agreements should clearly define the conditions and obligations of the parties, in particular regarding working hours, means of communication, control over the performance of work, and other aspects of remote work.
4.Protection of workers' rights
During martial law, it is important to ensure that the rights of workers who switch to remote work are protected. This includes ensuring fair working conditions, timely payment of wages, compliance with labor standards and regulations, and providing access to necessary resources and support.
In conclusion, telecommuting during martial law can be an effective tool to ensure business continuity. However, for its legal application, it is necessary to comply with the requirements of the legislation on labor relations and ensuring the rights of employees.
Remote work during martial law
In connection with the introduction of martial law in Ukraine, some employers are switching to remote work. This format of labor relations has been actively used over the past few years, which is connected with quarantine restrictions. As practice has shown, this type of cooperation requires a more detailed study and improvement of legal relations. Citizens have the right to work and realize their own abilities — this is stated in the Constitution of Ukraine. However, in the conditions of martial law, certain restrictions of rights and freedoms may be established. The list of constitutional rights and freedoms of a person and a citizen, which are temporarily limited in connection with the introduction of martial law, is defined in paragraph 3 of the Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 "On the introduction of martial law in Ukraine". Taking into account such legislative changes, parties to labor relations must adapt to new conditions.For employers and employees, the introduction of martial law is a real challenge, because in all the years of independence, such a situation has arisen in Ukraine for the first time. Continuing to work is a way to "stay afloat" in the face of any threats, look for opportunities and ways to generate income, save jobs, etc. However, not all citizens can work during martial law. Some workers have lost the opportunity to return to their workplaces at all, because they are damaged or completely destroyed. The alternative is to switch to a remote form of work.
You may also be interested in the following articles: collection of debt from wages recovery of wages through court recovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court recovery of unpaid wages recovery of wage arrears.
Remote work
Remote work became one of the possible formats of building labor relations in wartime conditions. This is a form of work organization in which the work is performed by the employee outside the workplace or the employer's territory, in any place of the employee's choice and using information and communication technologies. This definition is contained in Article 60-2 of the Code of Labor Laws of Ukraine (hereinafter - the Labor Code). Remote work can be used if the employee can perform job duties, but is unable (or has difficulties) to get to his permanent place of work. Today, this is one of the possible and acceptable options for performing labor duties in those regions where it is possible. In addition, the employer must have the appropriate resources and means for organizing remote work, and the nature of job duties makes it possible to perform them at a distance, without mandatory presence at the workplace.
Registration of labor relations
Part eleven of Article 60-2 of the Labor Code establishes that during the threat of the spread of an epidemic, pandemic, the need for employee self-isolation in cases established by law, and/or in the event of a threat of armed aggression, an emergency situation of man-made, natural or other nature, remote work may be introduced by order (by order) of the employer without the mandatory conclusion of an employment contract on remote work in writing. The employee gets acquainted with such an order (order) within 2 days from the day of its adoption, but before the introduction of remote work.
