Publication date: 19.05.2024
active and purposeful military lawyer with more than 4 years of experience
The procedure for concluding an employment contract is regulated by the main document in the field of labor - the Labor Code of Ukraine (hereinafter - Labor Code).
However, the war makes adjustments both in our life and in legislation. In order to settle a number of issues, the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in Martial Law" (hereinafter - Law No. 2136) was adopted last year, which changed the conditions for concluding an employment contract.
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According to Article 24 of the Labor Code, an employment contract is concluded, as a rule, in writing. Compliance with the written form is mandatory: collection of debt from wages recovery of wages through courtrecovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court recovery of wages through court recovery of unpaid wages
1) in case of organized recruitment of employees;
2) in the case of concluding an employment contract for work in areas with special natural geographical and geological conditions and conditions of increased health risk;
3) in case of concluding a contract;
4) in cases where the employee insists on concluding an employment contract in writing;
5) in case of concluding an employment contract with a minor.
Article 2 of Law No. 2136 stipulates that during the period of martial law, the parties agree to determine the form of the employment contract.
In addition, Article 2 of Law No. 2136 states that when concluding an employment contract during the period of martial law, the condition of testing the employee at the time of hiring may be established for any category of employees. This norm allows employers to more efficiently and effectively select employees, which is extremely important in the conditions of martial law.Format: recording • Date: September 26, 2022
In order to quickly attract new employees to work, as well as to eliminate personnel shortages and labor shortages, in particular due to the actual absence of employees who were evacuated to another area, are on vacation, idle, temporarily disabled or whose whereabouts are temporarily unknown, employers can conclude with new employees, fixed-term employment contracts during the period of martial law or for the period of replacing a temporarily absent employee (Article 2 of Law No. 2136).
This provides an opportunity for forced migrants to find employment and earn a living, as well as to protect their rights in this difficult time, and for employers to effectively organize the work of the enterprise thanks to the conclusion of fixed-term employment contracts with new employees in order to quickly attract them to work and overcome the personnel shortage. It will also help to avoid conflicts during the termination of employment contracts after the end of the war.
Thus, Article 2 of Law No. 2136 promotes the legalization of labor relations during martial law.
Please note that Article 24 of the Labor Code stipulates that compliance with the written form is also mandatory in the case of concluding an employment contract:
• with an individual;
• about remote work or home work;
• with non-fixed working hours.
And also in other cases provided for by the legislation of Ukraine (with employees undergoing alternative service, with persons participating in public and other works, etc.).
