On 15 March 2022 the Parliament of Ukraine adopted the Law of Ukraine ''On Organization of Employment Relations during Martial Law'' (the ''Law''). The Law is not in force yet, as it awaits for the signature of the President and official publication. Nevertheless, as enactment of the Law appears to be a matter of couple days, therefore we suggest reviewing its main provisions based on the currently available text.
Entering into and suspension of employment agreement
The Law simplified the procedure to enter into employment agreements and transfer to another job. In particular, the employer is entitled to:
The Law also envisages a new possibility of suspension of employment agreements. Suspension of an employment agreement does not cause its termination but implies that an employer is temporary released from the duty to provide work, while an employee is released from the duty to perform such work. Suspension of an agreement suspends an employer's obligation on payment of a salary. The Law makes the aggressor state liable for recovery of the salary and other payments for the time of suspension of the employment agreement, however, the mechanism for such recovery is not yet clear.
Termination of employment agreement
The Law introduces the following new rules for termination of employment during martial law:
Payment of salary
If an employer cannot pay salaries due to military actions, it may suspend such payments till recovery of its core business activities.
During martial law, an employer may refuse to provide vacations to employees who perform work at critical infrastructure facilities. The rule does not apply to maternity and parental leaves.
In addition, the Law:
For further information please contact Asters' Counsel Inesa Letych and Associate Iryna Shaposhnikova