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LAW OF UKRAINE

of March 15, 2022 No. 2136-IX

About the organization of employment relationships in the conditions of warlike situation

Article 1. Action of regulations of the legislation on work in the conditions of warlike situation

1. This Law determines features of passing of public service, service in local government bodies, features of employment relationships of employees of all companies, organizations, organizations, irrespective of pattern of ownership, type of activity and industry accessory, representative offices of foreign business entities in Ukraine, and also persons working according to the employment contract signed with physical persons (further - workers), during action of martial law imposed according to the Law of Ukraine "About legal regime of warlike situation".

2. For action of warlike situation restrictions of constitutional rights and freedoms of man and citizen 44 Constitutions provided by Articles 43, are introduced.

3. During action of warlike situation regulations of the legislation on work of the laws of Ukraine "About public service", "About service in local government bodies", other legal acts regulating activities of government employees, officials of local self-government regarding the relations regulated by this Law are not applied.

Article 2. Features of execution of an employment agreement in the conditions of warlike situation

1. During action of warlike situation of the party for consent determine form of the employment contract.

2. In case of execution of an employment agreement during action of warlike situation the condition about testing of the worker in case of employment can be established for any employee category.

For the purpose of operational attraction to performance of work of new workers, and also elimination of staff shortage and labor shortage, including owing to the actual absence of workers who were evacuated to other area being on vacation, idle time which temporarily lost working capacity or the location of which it is temporarily unknown, the employer can sign with new workers terminal employment contracts during action of warlike situation or during substitution of temporarily absent worker.

Article 3. Features of transfer and change of essential working conditions in the conditions of wartime

1. During action of warlike situation the employer has the right to transfer the worker to other work which is not caused by the employment contract without its consent (except transfer into work to other area in the territory of which active fighting continues) if such work is not contraindicated to the worker for health reasons, only for prevention or mitigation of consequences of fighting, and also other circumstances which pose or can pose threat of life or to normal vital conditions of people, with compensation for the performed work not below the average salary on former work.

2. During action of warlike situation the notification of the worker on change of essential working conditions and change of the payment terms of work provided by part three of Article 32 and Article 103 of the Labor code of Ukraine is performed no later than before introduction of such conditions.

Article 4. Features of termination of the employment contract at the initiative of the worker

1. Due to the conducting combat operations in areas in which the company is located organization, the organization, and existence of threat for life and health of the worker it can terminate the employment contract on own initiative in time specified in its statement (except cases of forced attraction to socially useful works in the conditions of warlike situation, attraction to performance of works on objects of critical infrastructure).

Article 5. Features of termination of the employment contract at the initiative of the employer

1. During action of warlike situation dismissal of the worker at the initiative of the employer in the period of its temporary disability, and also during stay of the worker in leave (except leave in communication by pregnancy and childbirth and leaves for child care before achievement of three-year age by it) with indication of date of dismissal which is the first working day following behind the day of the termination of temporary disability specified in the document on temporary disability or the first working day after the end of leave is allowed.

2. During action of warlike situation of regulation of Article 43 of the Labor code of Ukraine are not applied, except cases of dismissal of employees of the companies, organizations or the organizations, the elected to trade-union bodies.

Article 6. Features of establishment and time management of work and time of rest

1. The normal duration of working hours during action of warlike situation can be increased till 60 o'clock in week for the workers occupied on objects of critical infrastructure (in the defense sphere, the sphere of ensuring life activity of the population).

2. For the workers occupied on objects of critical infrastructure (in the defense sphere, the sphere of ensuring life activity of the population and so on) which according to the legislation establishes the reduced duration of working hours, cannot exceed duration of working hours during action of warlike situation 40 hours a week.

3. Five-day or six-day business week is established by the employer.

4. Time of the beginning and the end of daily work (change) is determined by the employer.

5. Duration of weekly continuous rest can be reduced till 24 o'clock.

6. During action of warlike situation Article regulations 53, of Article part one 65, of parts three - the fifth article 67, of articles 71, of 73, of 78-1 Labor code of Ukraine and part two of article 5 of the Law of Ukraine "About leaves" are not applied.

7. In case of establishment of normal duration of working hours according to parts one and the second this Article more regulation established according to the legislation, compensation is performed in the amount of, increased in proportion to increase in regulation of work.

8. Regulations of parts one, the second and fifth this Article are not applied to work of minors.

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