Publication date: 03.06.2024
Lawyer
Legal aspects of regulating the labor market and ensuring employment of the population during the wartime period
The military aggression of the Russian Federation against Ukraine caused serious negative consequences for the economy of the state, which directly affected the labor market and the level of employment of the population. In the conditions of martial law, the need for effective legal regulation of employment and protection of labor rights of citizens becomes especially urgent.
A number of key points must be analyzed when consulting a lawyer or consulting a lawyer on these issues:
1. Analysis of documents, in particular laws, by-laws, employment promotion programs, collective agreements, etc. The lawyer's legal and legal opinion should be based on a thorough study of all relevant regulatory and legal acts.
2. Ensuring proper legal regulation of issues of employment, remuneration, labor protection, as well as social protection of workers and their family members during the war period.
3. Assessment of compliance of labor market regulation measures and employment provision with the norms of labor legislation of Ukraine and international standards in the field of labor.
4. Analysis of labor mobilization issues in the field of defense industry, involvement in infrastructure reconstruction works, etc.
5. Determination of guarantees and benefits for employees involved in state defense work, as well as for employees of enterprises, institutions and organizations that continue to work in wartime conditions.
6. Consideration of issues of social protection and employment of internally displaced persons, demobilized servicemen and other categories of the population that require special attention during the war.
According to the Law of Ukraine "On the Legal Regime of Martial Law", certain restrictions on the labor rights of citizens may be introduced during martial law. In particular, it is allowed to establish compulsory labor for the able-bodied population, mobilization for defense work, etc. However, such restrictions must be justified, proportionate to the goals of martial law and must not contradict the norms of international law.
As part of a lawyer's consultation and the formation of a lawyer's legal and legal opinion, it is important to pay attention to the observance of the provisions of the Conventions of the International Labor Organization, international treaties in the field of human rights, as well as the principles of equality, non-discrimination and decent work.
In addition, the need to ensure social and economic rights of workers, an appropriate compensation mechanism for those whose rights may be temporarily restricted due to martial law should be taken into account.
The implementation of a set of measures to regulate the labor market and ensure employment during wartime requires close cooperation between government agencies, employers, trade unions and other interested parties. Consultations of lawyers and legal opinions of lawyers play a key role in ensuring a balance between the needs of national security and the protection of the labor rights of citizens.
Summing up, it is worth noting that adequate legal regulation of employment and labor during the war period is extremely important, because it allows maintaining social stability, protecting the labor rights of citizens and ensuring the viability of enterprises, institutions and organizations that continue to function. Consultation of a lawyer, analysis of documents, legal and legal opinion of a lawyer are integral elements in the development of balanced and legal approaches to the regulation of labor relations in wartime.
