Publication date: 15.05.2024
active and purposeful military lawyer with more than 4 years of experience
A case for personnel. Is the order to lift the suspension valid for a woman with two children who has gone abroad
Renewal of the employment contract
It is possible to renew the employment contract at the request of the employee or by order of the employer, even if martial law continues to apply in Ukraine.
Regarding the indication that the employee is abroad, the mere absence of the employee at the workplace (even due to good reasons) is not a reason for suspending the employment contract. Since the suspension of the employment contract is a combination of the impossibility of the employer providing and the employee performing work in connection with the military aggression against Ukraine.
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Therefore, if the employer really has the opportunity to provide employees with work, then his actions to cancel the suspension of the employment contract are legal.
Options for an employee
For an employee who is abroad, there are several options for the development of events, not taking into account dismissal:
1. Issuance of leave without salary:
• during the period of martial law (Part 3 of Article 12 of Law No. 2136). Such leave is issued by agreement of the parties;
• leave without pay for the duration specified in the application, but no more than 90 calendar days (Part 4, Article 12 of Law No. 2136).Such leave is granted by the employer in a mandatory manner upon the application of the employee who left the territory of Ukraine or acquired the status of an internally displaced person, for the period of martial law;
• due to family circumstances and for other reasons, for a period determined by an agreement between the employee and the owner or a body authorized by him, but no more than 15 calendar days per year (Part 1, Article 26 of the Law of Ukraine dated November 15, 1996 No. 504/96-ВР « About vacations" (hereinafter - Law No. 504);
• a mother or a father raising children without a mother (including in the case of a long-term stay of the mother in a medical institution), who has two or more children under the age of 15 or a child with a disability, for up to 14 calendar days annually. Such leave is granted at the request of the employee in a mandatory manner.
2. Establishing, if possible, a remote mode of work. Part 12 of Article 602 of the Labor Code of Ukraine stipulates that pregnant women, employees who have a child under the age of three or take care of a child in accordance with a medical opinion until the child reaches the age of six, employees who have two or more children under the age of 15 years or a child with a disability, parents of a person with a disability since childhood of subgroup A I group, as well as persons who have taken into custody a child or a person with a disability since childhood subgroup A I group, can work on remote work conditions, if possible, taking into account the work performed, and the employer has the appropriate resources and means for this.
3. Registration of annual basic and/or additional social leave for children (Article 6 of Law No. 504; Article 19 of Law No. 504).
We remind you! During the period of martial law, granting annual basic leave to an employee may be limited to 24 calendar days for the current working year by decision of the employer (paragraph 1, part 1, article 12 of Law No. 2136).
During the period of martial law, the employer may refuse to grant the employee unused days of annual leave (clause 3, part 1, article 12 of Law No. 2136).
During the period of martial law, the employer may refuse to grant any type of leave to an employee (except leave in connection with pregnancy and childbirth and leave to take care of a child up to the age of three), if such an employee is involved in the performance of work on critical infrastructure projects (Part 2 of Article 12 of Law No. 2136).
