Air Raid Alarm at Work – Pay for Working Time

In the context of martial law in Ukraine, the issue of air raid alarms and their impact on the work process has become very relevant. In this article, we will consider frequently asked questions related to work during air raid alarms, in particular the rights and obligations of employees and employers, as well as issues of remuneration.

Employer's responsibilities for employee safety

According to the Civil Defense Code of Ukraine and the Law of Ukraine "On Labor Protection", the employer is obliged to:

1. Develop a response plan or instructions for personnel to follow in the event of an air raid.
2. Inform employees of the nearest shelter and the need to evacuate.
3. Take emergency response measures.
4. Ensure the safety of personnel and guests.

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Workers' Rights During an Air Raid

1. Right to safety: An employee has the right to refuse to perform work if a production situation has arisen that is dangerous to his life or health (Article 153 of the Labor Code).
2. Right to shelter: The employee has the right:
   • Leave your workplace
   • Go to shelter
   • Stay in a shelter until the air raid alarm ends
3. Protection from employer misconduct: If the employer does not allow the employee to leave the workplace during an alarm, the employee can apply:
   • To local government bodies
   • To the State Labor Service bodies to conduct an inspection of the employer

Payment of wages during air raid

1. The general rule for calculating wages: Time spent in the shelter must be paid.
2. Payment options:
   • Normal wages if work continues in the shelter.
   • Payment for downtime if work is impossible:
     • Minimum 2/3 of the wage rate of the employee's established grade (salary)
     • Higher payment may be established in accordance with the labor or collective agreement
3. Features for different categories of workers:
   • Piecework workers may receive less due to a lack of output.
   • Remote workers manage their working hours.

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Working out the alarm time

• There is no provision in Ukrainian labor legislation that would oblige workers to work off the time spent in the shelter.
• If the employer is interested in additional work, this time must be paid additionally.

Employer's liability

For violation of labor protection requirements, in particular, regarding ensuring safety during air raids, the employer may be liable for the following:

• Administrative liability (Article 41 of the Code of Administrative Offenses of Ukraine)
• Criminal liability (Article 271 of the Criminal Code of Ukraine), if the violation resulted in harm to the life or health of workers

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Why should you contact Prikhodko & Partners for help?

In complex issues of labor law, especially in martial law, it is important to have a reliable partner who will help you understand all the nuances. That is why you should trust these issues to our company:

1. Many years of experience: We have been working in the accounting and legal services market for over 7 years. During this time, we have accumulated vast experience in solving a wide variety of issues related to labor law and accounting.
2. A team of professionals: Our company employs over 50 highly qualified specialists. These are accountants, lawyers, tax consultants, who constantly exchange experience and knowledge, which allows us to find optimal solutions even in the most difficult situations.
3. Individual approach: We understand that each business is unique. Therefore, we always select the most suitable specialist to work with a specific client, taking into account the specifics of the business, as well as the experience of our accountant or lawyer in similar projects.
4. Comprehensive solutions: We provide a full range of services - from consultations to full accounting and legal support. This allows our clients to receive all the necessary support in one place, saving time and resources.
5. Up-to-date knowledge: Our specialists constantly monitor changes in legislation and promptly adapt their recommendations to new conditions. This is especially important in the context of frequent changes related to martial law.
6. Confidentiality and reliability: We guarantee complete confidentiality of our clients and reliable protection of their interests.

By contacting us, clients always receive timely qualified assistance, moreover, a reliable partner that can be relied upon in solving a wide range of issues that go far beyond accounting or personnel records. If you need advice or specific services, fill out the form below, and our specialist will call you shortly.