Publication date: 02.06.2024
Lawyer
Is it possible to transfer an employee to another job during martial law?
The issue of transferring an employee to another job during martial law is becoming more and more relevant in modern conditions. Martial law imposes certain restrictions and requirements on the organization of work, and employers should be aware of the legal aspects of such transfers. In this article, we will consider the main nuances of transferring an employee to another job, taking into account the legal requirements and the specifics of martial law.
Legislative regulations on the transfer of an employee
According to the Code of Labor Laws of Ukraine (KZpP), the transfer of an employee to another job is regulated by Articles 31, 32 and 33 of the Labor Code. According to Art. 31, the employer does not have the right to demand from the employee the performance of work not specified in the employment contract. Forced labor is prohibited, with the exception of cases defined by martial law and emergency legislation.
Basic rules of transfer
Art. 32 of the Labor Code stipulates that transfer to another job at the same enterprise or to another location is allowed only with the consent of the employee, except for the cases provided for in Art. 33 of the Labor Code and other legislative acts. The transfer of an employee to another workplace, to another structural unit within the same area, does not require the employee's consent, if it corresponds to his specialty, qualification or position.
Exceptional cases
According to Art. 33 of the Labor Code, the employer has the right to temporarily transfer an employee to another job for a period of up to one month without his consent only to avert or eliminate the consequences of natural disasters, epidemics, accidents, etc., if such work is not contraindicated for the employee due to his health. In this case, the salary is not lower than the average salary for the previous job.
Specifics of transfer during martial law
During martial law, additional rules apply to the transfer of employees. According to Art. 3 of the Law of Ukraine "On the Organization of Labor Relations in Martial Law", the employer has the right to transfer an employee to another job without his consent (except for transfer to another area where active hostilities are ongoing) to avert or eliminate the consequences of hostilities and other circumstances that threaten the life or normal conditions of people. Transfer is possible on the condition that such work is not contraindicated for the employee due to his state of health, and the salary is not lower than the average salary for the previous job.
The importance of timely seeking professional legal help
Consulting a lawyer is critical to the proper processing of an employee's transfer to another job during martial law. A professional lawyer online will help you understand the legal nuances, prepare all the necessary documents and ensure compliance with legal regulations. A legal opinion from a specialist will avoid possible legal mistakes and ensure the legality of the employer's actions.
Timely consultation of a lawyer will help to resolve complex legal issues and avoid conflicts with employees. An online lawyer will provide detailed consultation, help with the analysis of documents and provide proper legal support in any disputed situations.
Conclusion
Transferring an employee to another job during martial law is a complex process that requires proper compliance with legal norms and taking into account the specific conditions of martial law. The employer has the right to transfer an employee without his consent only in limited cases provided by law and taking into account the employee's state of health.
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