ДЕЯКІ АСПЕКТИ РЕФОРМУВАННЯ ТРУДОВИХ ВІДНОСИН В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article is devoted to highlighting the current relevant problem of ensuring the right to work under martial law. Some aspects of the organization of labor relations were studied, taking into account new realities and changes in legislation that took place on 07/14/2022. It was concluded that this indicates the beginning of a radical reform of the current labor legislation, which should end with the adoption of the Labor Code of Ukraine. On July 19, 2022, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations” dated July 1, 2022 No. 2352-IX entered into force. The law introduced changes to the Code of Labor Laws of Ukraine, the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, “On Vacations”, etc. It is emphasized that during martial law in accordance with the Law of Ukraine “On the Legal Regime of Martial Law” there is a temporary restriction of the constitutional rights and freedoms of a person and citizen, as well as rights and legitimate interests, due to the threat (in this case, the aggression of the Russian Federation against Ukraine) legal entities with an indication of the period of validity of these restrictions. In view of the content of Presidential Decree No. 64/2022 of February 24, 2022 “On the introduction of martial law in Ukraine” temporarily, for the period of the legal regime of martial law, the possibility of limiting the constitutional rights and freedoms of a person and a citizen, which are provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine was analyzed. Since such changes concern not only the organization of labor relations during martial law, but also during peacetime, the article examines them in detail. It was emphasized that the most resonant change of this law was the cancellation of the payment of the average salary to military personnel. Attention has been drawn to the fact that the changes to the legislation limit the list of employees whose working week can be increased to 60 hours only to employees employed at critical infrastructure facilities. New grounds for dismissal and the procedure for suspending the employment contract were considered.