The Law on organisation of labour relations under martial law came into force

The Law established, inter alia, the following main novelties that apply during the martial law:

• The procedure for transferring employees to another job has been simplified and the employer's obligation to notify employees two months in advance of the essential changes in their working conditions has been cancelled.
• In the cases provided by the Law employees may terminate an employment agreement at their own initiative within the period specified by the employee in the application for dismissal.
• The Law allowed for the dismissal of employees at the initiative of the employer during their temporary incapacity for work, as well as during their leave (except for maternity leave and leave to care for a child under three years of age).
• The normal working hours shall not exceed 60 hours per week (previously - 40 hours per week). The Law also provides for broader powers of the employer to determine the work schedule of employees.
• The employer must take all possible measures to ensure timely payment of salary to employees. At the same time, the employer shall not be liable for violating the terms of salary payment, if this is due to the military activity or other force majeure circumstances. The term when the salary should be paid may be postponed until the company resumes its business activity. 
• The employer may, on its own initiative, suspend certain provisions of the collective agreement.
• The Law provides for the concept of "employment agreement suspension". It does not entail termination of employment relations. The employment agreement may be suspended due to the military aggression that excludes the possibility of performing work. Salary, guarantee and compensation payments reimbursement to the employees for the period of employment agreement suspension is imposed upon the state, which carries out military aggression against Ukraine.
• The Law foresees the cases when employees may be denied vacations. Also, restrictions on the duration of unpaid leave have been lifted.
• Opportunities for the use of women's labour have been expanded. In particular, the Law allowed to use women's work (except for pregnant women and women with a child under one year of age) with their consent in heavy works, works with hazardous working conditions, as well as underground works.
• The obligation of employers to deduct funds for the benefit of primary trade union organisations for cultural-mass, sports and recreational activities has been suspended.

During martial law in Ukraine, the norms of the Law will prevail over other norms of labour legislation.

Upon your request, we would be ready to share more detailed comments on the latest legislative changes, as well as provide you with other consultancy support.

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¹Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law", No. 2136-ІХ dated 15 March 2022