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Publication date: 14.05.2024
active and purposeful military lawyer with more than 4 years of experience
What to do with employees during a powerful missile attack?
Ukraine suffered a massive blow to all populated areas. The danger continues. What to do with employees during such a powerful mass attack?
Remote work
For those employees who can work remotely, provided that it is possible to perform such work (availability of communication and electricity), remote work should be introduced.
Downtime
If the introduction of remote work is impossible due to the lack of technical capabilities or the specifics of the work, it can be declared simple at the enterprise.
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An additional day of rest
In accordance with Article 9-1 of the Code of Labor Laws of Ukraine, enterprises may, at their own expense, establish additional labor and social welfare benefits for employees compared to the legislation.
Thus, according to the specified norm, the day off can be established only at the expense of one's own funds. In the event that the enterprise is financed by budget funds, the establishment of such an additional day of rest may raise questions from the supervisory authorities regarding the inappropriate use of funds. But it should be borne in mind that an additional day off must be granted within the limits of preserving the rights of all employees. That is, this day should not be given selectively, but to all employees. At the same time, it should be borne in mind that the additional day off must be established without loss of the employee's earnings, that is, such a day off is paid for by the employer.
Can weekends and working days be moved?
If we consider the option with the postponement of weekends and working days, then it should be noted that such a postponement previously had a specific legal basis. Currently, the employer does not have the right to transfer the working day to a day off. According to Part 5 of Article 6 of Law No. 2136, the employer is given the right to establish a five-day or six-day work week, but this applies to the work regime defined in the rules of the internal work schedule, and not to the occasional postponement of days off.
Therefore, the employer does not have the right to transfer the working day to a day off, since the norm of the fourth part of Article 67 of the Labor Code does not apply during the period of martial law. In addition, such a transfer will be reflected in the duration of weekly uninterrupted rest.
We consider it impractical to postpone the day off and the working day under such conditions, as it is currently unknown how long the danger will last.
The option with downtime is more correct, as it does not violate the rights of employees regarding the equality of establishing the same working regime for all.
Is it possible to set a non-working day?
The establishment of a non-working day will entail a reduction in the wages of employees, which will be factually groundless, since employees will not go to work without their own initiative. Therefore, the simple will allow to partially pay for the absence of employees through no fault of their own.
Granting leave
Another option for registering the absence of employees from work during an emergency is the provision of leave (annual, without salary retention) at the request of employees. But the key factor here will be the agreement with the employees to receive such leave.
