Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Suspension of the employment contract
Suspension of the employment contract, as a legal mechanism, appeared after the Law of Ukraine “On the Organization of Labor Relations under Martial Law” (in particular, Article 13). It can be applied at the initiative of the employee or employer and provided that the performance of labor duties is impossible. We will discuss this in more detail in the article below.
When is suspension of the employment contract allowed?
According to Article 13 of the above-mentioned Law, suspension of an employment contract is a temporary, mutual cessation of the performance by both parties of their key obligations. This mechanism does not terminate the employment relationship in full, and, unlike vacation, does not provide for the preservation of the employee’s salary. Let’s consider in more detail when an employment contract can be suspended at the initiative of the employee and, accordingly, the employer.
On the part of the employee
The employee may initiate the specified procedure when there are:
- impossibility of performing duties (for example, the employee is in an active combat zone);
- physical impossibility of getting to the place of work (in particular, due to the destruction of infrastructure or the closure of transport links);
- occupation of the region where the employee lives.
On the part of the employer
The employer, in turn, has the right to initiate the specified procedure when:
- it is impossible to provide the employee with work (due to the destruction of production facilities or other circumstances);
- it is impossible to guarantee the safety of work performance (the place of performance of work duties is in a zone of active hostilities or under occupation).
How to suspend an employment contract in accordance with the law?
Suspension of an employment contract requires mandatory documentation by order of the employer. As a general rule, this entire procedure looks like this:
- recording facts that will be important for the possibility of initiating the process;
- preparation of the employer’s order (must contain comprehensive information about the reasons, method of further communication, term of suspension of performance of labor duties, conditions for resumption);
- provision of the order to the employee for review (under personal signature or in another agreed manner, in particular by means of communication by e-mail);
- signing the order.
Important to know! After the agreement, both parties are obliged to constantly maintain contact and immediately inform about changes in contact details. If the conditions have changed, and the employee and the employer can fulfill their obligations, the latter sends the relevant person a written notice about the need to start work 14 calendar days before the resumption date. For more detailed information, we recommend that you additionally order a consultation with our lawyer.
For how long can an employment contract be suspended?
The contract is suspended for a period limited to the period of martial law. As a rule, the employer’s order itself does not specify a quantitative measurement of the period, but the note “until the relevant circumstances are eliminated”. This may be, for example, until the necessary equipment is restored, until transport services are resumed, etc.
Is it possible to compensate for wages during the period of suspension of the employment contract?
Yes, salary compensation is possible, but there is one caveat. The obligation to pay any compensation payments will not apply to the employer, but to the aggressor state. The company, in turn, must only properly keep records of the amounts of wages, guarantee and compensation payments. After the end of the military aggression, the announcement of the end of martial law on the territory of Ukraine and the development of a mechanism for the forced attraction of funds from the aggressor country for restoration, employees will be able to receive proper compensation for their salaries during the forced suspension of the employment contract.
Support from a lawyer at “Prikhodko & Partners”: what assistance is provided in the case of suspension of an employment contract?
A lawyer specializing in such issues plays a very important role. He will ensure that the use of such a mechanism is legal and justified, and will help the employee and the employer do everything as quickly and correctly as possible. Given his professional experience and appropriate qualifications, the lawyer will be able to:
- check whether the suspension has legal grounds;
- conduct an analysis of the factual circumstances for compliance with two conditions (impossibility to provide work and inability to perform work);
- explain to the employee the difference between suspension, downtime, unpaid leave and dismissal (if necessary);
- check the employer’s order for compliance with Article 13 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law”;
- file a lawsuit with the court to declare the suspension order illegal and recover wages from the employer for the downtime;
- appeal the illegal dismissal of the employee (if necessary).
To receive a consultation and find out the cost of legal services in the case of suspension of an employment contract, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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