Reduction of full-time employees during martial law

There are times when, for one reason or another, the employer has to optimize the work process and costs and, along with it, reduce the number of full-time employees.

Many mistakenly believe that during martial law this cannot be done and that one should wait for the end of the war.

But this is a misconception since the legislation does not contain any restrictions on the reduction of staff during martial law.

The peculiarities of the labor relations of employees of all enterprises, institutions, and organizations, regardless of the form of ownership, type of activity, and industry affiliation, as well as persons who work under an employment contract with natural persons, during the period of martial law are determined by the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law".

In what cases is it possible or even necessary to carry out layoffs?

• Liquidation of the enterprise. In this case, it is clear that if the company ceases its activities, then the employees are subject to layoffs. It is possible to liquidate the enterprise during martial law.
• Reorganization of the enterprise. The situation is the same as with liquidation, you can reduce the number of employees if necessary.

Reduction procedure

1. Making a decision to reduce staff
2. Issuance of an order to reduce the number of employees
3. Notification of employees about the upcoming release. It is worth considering the fact that it is necessary to notify no later than two months before the reduction. If this deadline is not met, the employee may appeal such dismissal in court.
4. If the enterprise has a trade union, then it is necessary to obtain its consent to lay off employees
5. Notify the local employment center about the release of employees
6. Dismissal of employees, completion and issuance of workbooks.

From the above list, it can be seen that reducing full-time employees during martial law is not a quick success. But when reducing staff, the main thing is not speed, but compliance with the release procedure. After all, non-compliance with such a procedure can lead to negative consequences for the employer in the future.

Who cannot be fired

There is a category of employees who are protected by law from layoffs. The list of such employees is specified in Art. 184 of the Labor Code, these include pregnant women, minors, parents raising children independently, employees on sick leave, etc.

Also, when reducing staff, it should be taken into account that there is also a category of employees who have the right to preferential leave at work.

Therefore, martial law does not affect downsizing, if there is such a problem. But it is necessary to analyze in detail the personal files of employees in order to understand whether they can be fired, as well as to study in detail the procedure for reducing the number of employees, which is provided for by the Labor Code.

To do this, you can always get professional help and advice by contacting labor law lawyers.