Labor relations during martial law. What should an accountant know?

Martial law makes many adjustments in various spheres of life. Including in labor relations. Taking this into account, it is important for an accountant to know all the nuances related to vacations, dismissal, suspension of employment contracts, etc. We will consider these points in detail below.

Basic rules of labor relations during martial law

There are new opportunities related to fixed-term employment contracts and the probationary period.

1. Term labor contracts:

• Wider application. Now fixed-term employment contracts can be concluded with new employees, even if there are no clear grounds provided by the legislation earlier.
• Replacement of temporarily missing ones. This type of contract becomes a convenient tool for replacing employees who are evacuated, on vacation, or have lost their ability to work.

2. Probation:

• For all categories. The ability to set a trial period for any employees, without exceptions, has been introduced. This gives the employer a better opportunity to assess the competence and suitability of the new employee for the position.
• Extended term. For some categories of employees, for example, managers, specialists with a high level of qualification, the permissible trial period can be increased to 3 months.

Despite the expansion of opportunities, employers must remember to respect the labor rights of employees. The terms of the fixed-term contract and the probationary period must be clearly spelled out in the employment contract and meet the requirements of the law.

These changes are expected to contribute to greater flexibility of the labor market, a better matching of vacancies and qualified personnel, and also enable employers to conduct their activities more efficiently.

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Change in essential working conditions during martial law

The updated provisions clearly outline the rights and obligations of both employers and employees in this area. Pay attention to the key points:

1. Unilateral change. The employer has the right to unilaterally change the essential working conditions, with the exception of:

• Labor wages;
• Duration of working hours;
• Transfer to another job;
• Release.

2. Warning. The employer must notify the employee in writing no later than 7 days in advance of any significant changes in working conditions.
3. The deadline for making a decision. Within 14 days from the moment of receiving the notice of changes, the employee has the right to:

• Terminate the employment contract. In this case, he resigns voluntarily and is entitled to severance pay in accordance with the law.
• Agree to a change in essential working conditions. In this case, he continues to work under new conditions.

The employee's consent to change essential working conditions must be given in writing.

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Grounds for suspending the employment contract during martial law

1. Military operations. If hostilities are taking place in the area where the enterprise is located, which makes it dangerous for employees to stay there and perform their duties.
2. Dangerous working conditions. The employer cannot guarantee safe working conditions due to objective reasons, for example, damage to buildings, lack of electricity, etc.
3. Lack of communication. Communication with the employee has been lost, which makes it impossible to coordinate actions and fulfill his work duties.

Suspension of the employment contract does not mean its termination. After the end of the force majeure circumstances, work is resumed, and the employee returns to performing his duties.

Guarantees for mobilized workers during martial law

1. Saving the workplace. A mobilized employee retains his workplace, position and salary for the entire period of military service.
2. Payment of severance pay. Mobilized workers are paid severance pay in the amount of the average monthly salary.
3. Recovery at work. After demobilization or the end of the term of alternative civil service, the employee has the right to return to work at the same place of work.

If your rights have been violated or you have questions about labor relations during martial law, contact the lawyers of our company "Prykhodko and Partners".

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