BASE (basic)
advertisement
Kaploukh Victoria
Attorney
Ukraine / Kharkiv
See more
Reading time: 12 minutes
Total views: 60
Publication date: 25.05.2024
Rate:
Publication date: 25.05.2024
Dismissal during martial law in Ukraine has certain features, due to both labor legislation and special regulatory acts adopted in connection with the introduction of martial law. Here are some key aspects to look out for:
- 1. Grounds for dismissal:
• Article 40 of the Labor Code of Ukraine (CLA) defines the general grounds for dismissal of employees at the employer's initiative, such as staff reduction, unsatisfactory performance of official duties, systematic violation of labor discipline, etc.
• During martial law, special grounds for discharge related to mobilization or hostilities may additionally apply.
2. Release in connection with mobilization:
• If an employee is called up for military service, the employer is obliged to keep his place of work and average earnings for the entire period of service.
• The Law of Ukraine "On Mobilization Training and Mobilization" provides for the protection of the labor rights of employees who are subject to mobilization, which means that their dismissal for reasons related to mobilization is possible only with the consent of the employee or in case of liquidation of the enterprise.
3. Procedural aspects of dismissal:
• Simplified dismissal procedures may be introduced during martial law. For example, the notice period for dismissal may be shortened, or the employer may be granted additional rights to terminate employment contracts.
• Amendments to labor laws introduced during martial law may provide for special conditions and procedures for the dismissal of workers, which depend on the specific situation on the ground and the requirements of wartime.
4. Compensations and payments:
• If an employee is fired, he must be paid all due compensation, including unpaid wages, compensation for unused vacation, and other statutory benefits.• Some benefits may be limited or modified depending on the economic situation and special regulations adopted during martial law.
5. Protection of the rights of employees:
• During martial law, it is important to ensure that workers' rights are respected, even under simplified dismissal procedures. Employees can apply to labor authorities or to court in case of violation of their labor rights.
Consultation of a dismissal lawyer - In practice, the situation may change depending on the current circumstances and regulations adopted at the national or local level. Therefore, when dismissing employees during martial law, it is important to seek advice from lawyers or specialized bodies that can provide up-to-date information and recommendations.
Thus, during the martial law in Ukraine, changes were made to the labor legislation, which provide for new grounds for termination of employment relations. Here are some of them:
- 1. Termination of employment contracts at the initiative of the employer:
• Article 41 of the Labor Code of Ukraine was supplemented with new grounds for terminating an employment contract at the initiative of the employer in connection with the introduction of martial law. In particular, the following was added to the grounds:
o Impossibility of providing an employee with a job in connection with the destruction (destruction) of production, organizational and technical conditions as a result of hostilities.
o Absence of the employee from work and information about the reasons for such absence for more than four months in a row.
2. Termination of the employment contract due to the absence of the employee:
• If the employee is absent from work and the employer does not have information about the reasons for the absence for more than four months in a row, this may be grounds for terminating the employment contract. This innovation was introduced for cases when workers are in combat zones or in other difficult conditions, which makes communication with them impossible.
3. Temporary termination of employment relations:
• During martial law, the possibility of temporary termination of employment relations was introduced in cases where the extension of the employment contract is impossible due to military actions or other extraordinary circumstances. Such a termination may take place without the preservation of wages, but with the subsequent restoration of labor relations after the normalization of the situation.
4. Termination of the employment contract in connection with changes in the organization of production and work:
• The introduction of new organizational and technical conditions caused by martial law may be grounds for terminating the employment contract at the initiative of the employer. This applies to cases where the employee is unable to perform his work due to changes resulting from hostilities.
Legal advice dismissal / legal advice on dismissal - These new grounds for termination of employment have been introduced to provide flexibility to employers in the difficult conditions of martial law and to protect their rights in emergency situations. At the same time, it is important to remember that even in these conditions, the rights of workers must be respected, including the provision of compensation and compliance with procedures established by law.
The terms of applying to court for the resolution of labor disputes in Ukraine are regulated by the Code of Labor Laws of Ukraine (KZpP) and other normative legal acts. It is important to know these terms in order to ensure timely protection of the rights of employees or employers. Here are the main deadlines for applying to court in labor disputes:
- 1. General term of application:
• Article 233 of the Labor Code of Ukraine establishes that an employee can apply to the court with a claim for the resolution of a labor dispute within three months from the day when he learned or should have learned about the violation of his right.
2. Dismissal from work:
• For dismissal disputes, the employee has the right to appeal to the court within a month from the day of delivery of a copy of the dismissal order or from the day of issuing the employment book.
3. Deadlines for the employer's appeal:
• Article 233 of the Labor Code of Ukraine also provides that the employer may apply to the court for compensation for material damage caused by the employee within one year from the date of discovery of the damage.
4. Restoration of the missed deadline:
• The court may renew the missed period of appeal to the court if it considers the reasons for the omission to be valid. This may refer to cases where the employee or employer could not go to court due to circumstances beyond their control, such as illness, business trip, martial law, etc.
5. Features during martial law:
• During martial law, additional regulatory acts may be introduced that specify or change the terms of applying to court in connection with circumstances arising during war. Such changes may involve extension of deadlines or simplification of procedures for resolving labor disputes.
Reinstatement lawyer / illegal dismissal lawyer - It is important for employees and employers to know these terms, as compliance with them is key to protecting their rights in court. In the event of a labor dispute, you should seek advice from lawyers or human rights organizations that can provide the necessary assistance and support in preparing and filing a lawsuit.
