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Publication date: 19.05.2024
active and purposeful military lawyer with more than 4 years of experience
The procedure for suspending the employment contract at the enterprise
According to Article 13 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in Martial Law" (as amended by the Law of Ukraine dated July 1, 2022 No. 2352-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Optimization of labor relations"), 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 the work under the concluded labor contract in connection with armed aggression against Ukraine, which excludes the possibility of both sides of the labor relationship to perform the duties stipulated employment contract.
Suspension of the employment contract may be carried out at the initiative of one of the parties for a period no longer than the period of martial law. In the case of a decision to cancel the suspension of the employment contract until the termination or cancellation of martial law, the employer must notify the employee of the need to start work 10 calendar days before the resumption of the employment contract.
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Suspension of the employment contract:
• does not entail the termination of labor relations;
• cannot be a hidden punishment and does not apply to heads and deputy heads of state bodies, as well as local self-government officials holding elected positions;
• issued by an order (order) of the employer, in which, in particular, information about the reasons for the suspension, including the inability of both parties to fulfill their duties and the method of information exchange, is indicated.This order specifies: the period of suspension of the employment contract, the number, categories and surnames, first names, patronymics (if available), registration number of the taxpayer's registration card or series and passport number (for individuals who, due to their religious beliefs, refuse to accept registration number of the tax payer's registration card and reported it to the relevant supervisory authority and have a mark in the passport) of the relevant employees, the conditions for the renewal of the employment contract.
The employer submits an order (order) on the suspension of the employment contract concluded with officials of state bodies and local self-government bodies for approval to the military administration exercising its powers in the relevant territory (military administrations of settlements and district military administrations, and in their absence - regional).
Webinar "Suspension of employment contracts: dos and don'ts"
Reimbursement of wages, guarantee and compensation payments to employees during the suspension of the employment contract is fully entrusted to the state that carries out armed aggression against Ukraine.The absolute impossibility of providing work by the employer and performing work by the employee in the context of the suspension of the employment contract should be understood as cases of impossibility to provide the employee with working conditions due to the fact that the production, organizational, technical capabilities, means of production, or the employer's property necessary for the performance of the work by the specified employee were destroyed as a result of hostilities actions or their functioning for objective and independent reasons from the employer is impossible, and transferring the employee to another job or engaging him to work using a remote form of work organization is impossible due to the lack of opportunities to apply such a form of work organization or the lack of it his consent, in particular, for the reasons of his transfer from the territory where active hostilities are taking place.
Earlier we wrote:
Suspension of the employment contract: clarification of State Labor
At the same time, a stoppage of work caused by the lack of organizational or technical conditions necessary for the performance of work, force majeure or other circumstances is downtime in accordance with Article 34 of the Labor Code of Ukraine (hereinafter - Labor Code).
In the event that an employee is unable to continue performing his duties, he shall be declared a layoff, which shall be paid taking into account the provisions of Article 113 of the Labor Code and in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated March 7, 2022 No. 221 "Some issues of remuneration of employees of state bodies, local self-government bodies, enterprises, institutions and organizations financed or subsidized from the budget, in conditions of martial law".That is, the manager independently determines the amount of payment for idle time, but not lower than two-thirds of the established tariff rate
