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Publication date: 14.05.2024
active and purposeful military lawyer with more than 4 years of experience
Work during an air raid: answers
to frequently asked questions
How is working time paid when employees are sheltered during an air raid alert?
If an employee is in a shelter during an air raid and is unable to continue his work there, then, in accordance with Article 113 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), such an employee must be laid off due to an industrial situation dangerous to life or the employee's health is not his fault. In this case, the employee's average salary will be kept.
However, the labor contract, collective agreement or the employer's internal rules on labor remuneration may stipulate higher amounts of paid time off - then the conditions established in these documents should be followed.
However, if during the stay in the shelter the employee still has the opportunity to perform his work tasks, then there is no reason or need to introduce layoff, and payment of work will be made on general grounds.
What should employees do during an air raid if the employer has not provided shelter or it does not exist at all? Is the employer responsible for this?
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According to current legislation, the employer is not obliged to provide workers with shelter. However, in accordance with Article 130 of the Civil Protection Code of Ukraine, the employer is obliged to develop and implement measures to respond to emergency situations (in particular, in the event of an air alert), as well as to comply with other requirements of the legislation on civil protection and labor protection to ensure the safety of staff and visitors .
The employer must develop a response plan/instructions for personnel actions in the event of an air alert and inform personnel of the nearest shelter (even if it is outside the employer's premises) and the need to evacuate.
Employers are also encouraged to provide regular training and reminders to staff on what to do in the event of an air alert.
What should the employer do if the employee refuses to go to the shelter?
As noted above, the employer must develop a response plan/instructions for personnel actions in the event of an airborne alert and inform personnel of the nearest shelter and the need for evacuation. All employees should be familiarized with the relevant instructions and regular reminders should be issued.
However, if one of the employees refuses to familiarize himself with the specified instructions/requirements of the employer or refuses to comply with them, then such an employee is recommended not to be allowed to work on the employer's premises in order to ensure his safety and the safety of others.
It is worth noting that in the event of an accident, the situation will be evaluated in particular and taking into account information not only about whether the employer took all appropriate measures for the safety of the employee, but also whether the injured employee complied with all legal and proper requirements /recommendations of the employer, whether he violated the requirements of labor protection rules.
Can an employer require employees to perform work duties during an air raid alert? Can an employee refuse to work during an air raid?
An employer cannot compel employees to perform work during an air raid if such actions would pose a clear danger to the health of the employee. This rule follows from the provisions of Article 153 of the Criminal Code.Moreover, the specified norm gives the employee the right to refuse to perform assigned work in case of danger to his life or health or the people around him.
Accordingly, the requirement to continue working without moving to a safe environment (for example, a shelter) is illegal, so the employee has the right to refuse to comply.
What is the employer's liability if his employees work during an air raid?
Currently, there is no clear rule that would establish the employer's responsibility precisely for the fact that his employees continue to work during an air raid. However, the employer's officials may be subject to administrative (under Article 41 of the Code of Ukraine on Administrative Offenses — for violation of labor protection legislation) and even criminal liability (under Article 271 of the Criminal Code of Ukraine) if the employer did not take measures to ensure the safety of employees , in particular response measures in the event of an air alarm, and this led to harm to the life and health of employees or other persons.
Other types of liability/sanctions are also possible for the employer (company) and the manager (and/or other officials of the employer) in the event of inspections by state authorities on occupational healthм
