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Publication date: 17.05.2024
active and purposeful military lawyer with more than 4 years of experience
SITUATION
The "trade union hotline" was contacted with the question of how to formalize labor relations for an employee - an internally displaced person whose employment contract with an authorized person of an enterprise located in the temporarily occupied territory and with which there is no communication is suspended.
COMMENT
In the conditions of martial law, the concept of "suspension of the employment contract" was introduced at the legislative level - Article 13 of the Law of Ukraine of March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law" (hereinafter - Law No. 2136).
Thus, according to Article 13 of Law No. 2136, the suspension of the employment contract is a temporary termination by the employer of providing the employee with a job and a temporary termination of the employee's performance of work under the concluded employment contract. The employment contract may be suspended in connection with military aggression against Ukraine, which makes it impossible to provide and perform work.
So, the employment contract with the employee was suspended, and there is a need to get a job.
If the employee does not have the opportunity to contact his employer and discuss issues related to the suspended employment contract, then for further employment, the employee may work part-time.
As long as the employee is in employment with the employer, even if the employment contract is suspended, the new employer can hire the employee exclusively on a part-time basis, because the employee's main place of work is the place of work where the employment contract is concluded, even if it is suspended.In accordance with paragraph 12 of Article 1 of the Law of Ukraine dated July 8, 2010 No. 2464-VI "On the collection and accounting of a single contribution to mandatory state social insurance", the main place of work is the place of work where the employee works on the basis of the concluded employment contract, and defined by him as the main one in accordance with the submitted application (before withdrawal) and the information recorded in the register of insured persons of the State Register of mandatory state social insurance based on it.
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WARNING! Labor legislation does not provide for the possibility for an employee to have two main places of work.
An employer can hire such a part-time employee on a full-time basis, and this will not be a violation. Part-time work is considered to be the performance by an employee, in addition to the main one, of other paid work under the terms of an employment contract in the time free from the main job at the same or another enterprise, institution, organization or employer — a natural person. (Article 102-1 of the Criminal Code).
And the part-time employee is currently completely free from the main job, as the employment contract is suspended.
