Labor relations in the conditions of war

01/ 09/ 2022

Author: Genadiy Silvanovych, attorney at Dynasty Law & Investment 190 days since the war continues on the territory of Ukraine. Unfortunately, its victims were millions of Ukrainians who were forced to leave their homes and workplaces, becoming refugees and internally displaced persons. In turn, this led to the emergence and increase of significant problems related to the effective organization of labor relations, which did not exist before or remained isolated in peacetime. We will remind that the previously adopted Law No. 2136-IX dated 15.03.2022 established certain restrictions for employers, in particular, it was impossible to fire an employee who does not go to work as a result of military operations and related circumstances, and therefore such absence was noted in the time sheet as absenteeism for unexplained reasons (AN). Therefore, in order to adapt labor relations to the conditions of war, the Verkhovna Rada of Ukraine adopted the Law of Ukraine On Amendments to Certain Laws of Ukraine Regarding the Optimization of Labor Relations No. 2352-IX dated 07/01/2022. From now on, the employer has the right to: terminate the employment contract with employees in the event of their death, recognition by the court as absent or declaring them dead. terminate the employment contract with employees if they are absent from the workplace without providing any information regarding the reasons for their absence for more than 4 months in a row. dismiss employees if, as a result of military actions (including in the case of destruction of production, technical, organizational conditions and means of production or destruction of the employers property), he cannot provide employees with the work specified in the employment contract. release employees (including en masse), notifying about such a decision in advance not 2 months, as it was before, but 10 calendar days before the day of release. It is obvious that this Law will create conditions for the restoration of the normal operation of enterprises and institutions in wartime, in particular, it will ensure the appropriate flexibility of labor relations, which employers need in modern realities, as well as overcome outdated legislative gaps and current conflicts in labor legislation.

Author: Genadiy Silvanovych, attorney at Dynasty Law & Investment

190 days since the war continues on the territory of Ukraine. Unfortunately, its victims were millions of Ukrainians who were forced to leave their homes and workplaces, becoming refugees and internally displaced persons. In turn, this led to the emergence and increase of significant problems related to the effective organization of labor relations, which did not exist before or remained isolated in peacetime.

We will remind that the previously adopted Law No. 2136-IX dated 15.03.2022 established certain restrictions for employers, in particular, it was impossible to fire an employee who does not go to work as a result of military operations and related circumstances, and therefore such absence was noted in the time sheet as absenteeism for unexplained reasons (AN).

Therefore, in order to adapt labor relations to the conditions of war, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Optimization of Labor Relations” No. 2352-IX dated 07/01/2022.

From now on, the employer has the right to:

terminate the employment contract with employees in the event of their death, recognition by the court as absent or declaring them dead.
terminate the employment contract with employees if they are absent from the workplace without providing any information regarding the reasons for their absence for more than 4 months in a row.
dismiss employees if, as a result of military actions (including in the case of destruction of production, technical, organizational conditions and means of production or destruction of the employer’s property), he cannot provide employees with the work specified in the employment contract.
release employees (including en masse), notifying about such a decision in advance not 2 months, as it was before, but 10 calendar days before the day of release.

It is obvious that this Law will create conditions for the restoration of the normal operation of enterprises and institutions in wartime, in particular, it will ensure the appropriate flexibility of labor relations, which employers need in modern realities, as well as overcome outdated legislative gaps and current conflicts in labor legislation.