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Publication date: 12.05.2024
Implementation of compulsory labor during martial law: order and duties
During the period of martial law, determined by the Decree of the President of Ukraine, the authorities may establish labor obligations for able-bodied persons as part of mobilization measures. This measure is provided for by the legislation of Ukraine and is regulated by a number of normative legal acts.
Labor obligation: what it is and to whom it applies
Labor obligation, as determined by Order No. 753, consists in the temporary labor obligation of able-bodied persons during the period of mobilization and wartime. This obligation does not require the mandatory consent of a person and may cover the performance of works of a defensive nature and liquidation of emergency situations.
At the same time, in accordance with the legislation, the labor obligation may apply to various categories of persons, including employees of enterprises of all forms of ownership, who live on the territory of Ukraine and are able to work.
To date, the main issues of the establishment of labor obligation have been settled:
Law of Ukraine dated May 12, 2015 No. 389-VIII "On the Legal Regime of Martial Law" (hereinafter - Law No. 389);
The procedure for involving able-bodied persons in socially useful works under martial law, approved by Resolution No. 753 of the Cabinet of Ministers of Ukraine dated July 13, 2011 (hereinafter, Procedure No. 753).
According to Clause 2 of Order No. 753, its effect extends to military command, local executive bodies, local self-government bodies, as well as enterprises, institutions and organizations regardless of the form of ownership (hereinafter - the enterprise).In particular, Article 8 of Law No. 389 states that the military command together with the military administrations (in the case of their formation) may independently or with the involvement of the executive power bodies, local self-government bodies, introduce and exercise within the limits of temporary limitations the constitutional rights and freedoms of a person and a citizen, as well as the rights and legal interests of legal entities provided for by the decree of the President of Ukraine on the introduction of martial law, including such measures of the legal regime of martial law as:
to introduce labor obligation for able-bodied persons not engaged in work in the defense sphere and the sphere of ensuring the livelihood of the population and not reserved for enterprises during the period of martial law for the purpose of performing works of a defensive nature, as well as eliminating the consequences of emergency situations that arose during actions of martial law, and involve them under martial law in socially beneficial works, which are performed to meet the needs of the Armed Forces of Ukraine, other military formations, law enforcement agencies and civil defense forces, to ensure the functioning of the national economy and the system of ensuring the livelihood of the population and do not need, as the rule of special professional training of persons;
to use the capacities and labor resources of enterprises of all forms of ownership for the needs of defense, to change their mode of operation, to carry out other changes in production activity, as well as working conditions in accordance with labor legislation.The military command is the Commander-in-Chief of the Armed Forces of Ukraine, the Commander of the United Forces of the Armed Forces of Ukraine, commanders of types and separate branches of the Armed Forces (forces) of the Armed Forces of Ukraine, commanders (chiefs) of military administration bodies, commanders of formations, military units of the Armed Forces of Ukraine and others military formations formed in accordance with the laws of Ukraine (second paragraph of part 1 of article 3 of Law No. 389).
Able-bodied persons are persons over the age of 16 who live on the territory of Ukraine and are physically capable of active work (Article 1 of the Law of Ukraine dated July 5, 2012 No. 5067-VI "On Employment of the Population").
What does the concept of "labor obligation" mean?
The definition of the term "labor obligation" is contained in the third paragraph of item 3 of Order No. 753.
Labor obligation is a short-term labor obligation for the period of mobilization and wartime for the purpose of performing works of a defensive nature, as well as liquidation of emergency situations of man-made, natural and military nature that arose during the period of martial law, and their consequences, which are not requires the mandatory consent of the person in respect of whom such labor obligation is introduced.
The concept of "labor obligation" should not be confused with the concept of "socially useful work", which is referred to in the second paragraph of item 3 of Order No. 753.
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Conclusion
The introduction of compulsory labor during martial law is an integral part of mobilization measures. According to the legislation of Ukraine, this obligation can be introduced for able-bodied persons in order to perform defense works and liquidate emergency situations. At the same time, the labor obligation may apply to various categories of persons, including employees of various enterprises and organizations. Timely and lawful implementation of these measures, taking into account legislative norms and human rights, is important.
