Release during martial law. Are the employer’s actions lawful?

Martial law, which has been in effect in Ukraine since February 24, 2022, makes adjustments to many relations, including labor relations. Unfortunately, many employers, for various reasons, fire employees only on the grounds that martial law is in force. But is such a dismissal legal? We will tell you in detail below.

Is it possible to dismiss an employee during martial law at the initiative of the employer?

The employer has the right to terminate the employment relationship with the employee who has written an application for dismissal, even if at the time of dismissal he is on sick leave or on vacation. In this case, the employee will be dismissed from the first working day after the end of sick leave or vacation.

Since the beginning of martial law in Ukraine, employers have been prohibited from dismissing subordinates on their own initiative due to the introduction of martial law. This applies to any reason related to martial law. Violation of this prohibition is considered a gross violation of labor legislation and may entail criminal liability in accordance with Article 172 of the Criminal Code of Ukraine.

Consult a lawyer

Remember:

• Even if an employer has problems with running a business because of the war, this does not give him the right to dismiss workers on his own initiative.
• There are alternative legal ways to deal with the problems associated with downsizing during martial law.
• In the event of a violation of your rights, you can apply for protection to state authorities, in particular to State Labor.

Consult a lawyer for more information about your rights and options for protection in this situation.

How can our lawyer help you if you were fired during martial law?

1. Analysis of the situation and determination of the legality of the decision. The lawyer will carefully study the circumstances of your dismissal, the documents provided by the employer, and determine whether the dismissal complies with the current legislation of Ukraine, taking into account the peculiarities of martial law.
2. Advice on your rights and options. A lawyer will explain to you your rights as an employee who were exempted during martial law. It will also familiarize you with possible legal tools and strategies for protecting your rights.
3. Assistance in gathering evidence. A lawyer will help you gather the necessary evidence that will prove the illegality of your dismissal. These can be copies of documents, recordings of conversations with the employer, testimonies of other employees, etc.
4. Compilation and submission of complaints. The lawyer will prepare a substantiated complaint for you to state authorities (State Labor, Labor Inspectorate) or the court about the violation of your rights by the employer. It will also ensure the filing of such a complaint and the representation of your interests in the authorities or the court.
5. Pre-trial settlement of the dispute. A lawyer can try to resolve a dispute with an employer amicably, for example through negotiation or mediation. This can help you get back to work faster or get compensation for wrongful dismissal.
6. Representation in court. If amicable settlement of the dispute is not possible, a lawyer will represent your interests in court. He will prove the illegality of your dismissal and demand reinstatement, payment of wages for the period of forced absence and other compensations.

By seeking help from a qualified lawyer of our company "Prykhodko and Partners", you increase the chances of successfully resolving the dispute with the employer and restoring your rights.

Do you need advice or want to know the cost of a lawyer's help in this matter? Fill out the form below.