Publication date: 31.05.2024
Regarding the performance of work during an air raid alert
Introduction
Employee safety in the workplace is a key aspect of labor relations regulated by Ukrainian law. In today's environment, when Ukraine faces the threat of air attacks, the issue of working during air raids is of particular relevance. Ukrainian legislation provides for a number of rules and regulations that protect employees from danger, including situations related to military operations and emergencies.
The main part
Legal framework for labor protection
According to Article 153 of the Labor Code of Ukraine (Labor Code), an employer has no right to require an employee to perform work that poses a clear danger to his or her life, or in conditions that do not comply with labor protection legislation. This provision is fundamental to ensuring the safety of employees, especially in times of war.
Responsibility of employers
Although the current Ukrainian legislation does not currently provide for direct liability for the operation of an enterprise during an air alert, the head of a business entity is obliged to ensure the civil protection of its employees and customers/visitors. This includes measures to respond to air raid alerts in the locality where the company is located.
Pursuant to Article 41 of the Code of Ukraine on Administrative Offenses, employer officials may be held administratively liable for violations of occupational health and safety legislation. In the event of serious consequences, such as harm to the health of employees or loss of life, the employer may also be held criminally liable under Article 271 of the Criminal Code of Ukraine.
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Civilian protection of the population
Civil protection is a function of the state aimed at protecting the population, territories and property from emergencies, including military events. Pursuant to Article 19 of the Civil Protection Code of Ukraine (CPCU), it is the direct responsibility of local state administrations and local self-government bodies to provide warning and inform the population about the threat and occurrence of emergencies. Citizens of Ukraine have the right to receive information about emergencies or dangerous events that may occur (Article 21 of the CCPU).
Position of officials and experts
Timur Tkachenko, Deputy Minister for Strategic Industries, said that employers who force employees to come to work during shelling should be held criminally liable. In his opinion, it is unacceptable to require employees to come to work when there is a clear threat to their lives. This is especially true for the frontline areas, where the risk to life is the highest.
Recommendations for employers
Labor inspectors urge employers' officials to comply with labor laws and take care of people. In particular, during air alerts, it is recommended to immediately stop work and ensure the evacuation of employees to safe places. This not only complies with legal requirements but also helps to preserve the lives and health of employees.
Conclusion.
Ensuring the safety of employees during an air alert is the responsibility of every employer in Ukraine. Despite the absence of direct responsibility for the operation of the company during an air alert, Ukrainian legislation clearly defines the obligation of employers to ensure occupational safety and civil protection of employees. Failure to comply with these requirements may result in administrative and criminal liability for company officials.
Employers should be aware of their responsibility for the life and health of employees and take all necessary measures to ensure their safety during emergencies. This includes timely warning of danger, organizing evacuation and providing instructions on how to act in the event of an air raid.
In particular, special attention should be paid to companies located in frontline areas where the risks are highest. Compliance with these requirements not only helps to preserve the lives and health of employees, but also increases trust in the employer and ensures the stable operation of the enterprise even in difficult conditions.
To summarize, work during an air raid must be organized in accordance with all the requirements of labor protection and civil defense legislation. This will help to avoid serious consequences and ensure the safety of all participants in labor relations.
