ЩОДО ПРИЗУПИНЕННЯ ДІЇ ТРУДОВОГО ДОГОВОРУ ПІД ЧАС ВОЄННОГО СТАНУ

Abstract

The imposition of martial law on February 24, 2022 throughout our country was the impetus for the introduction of changes in existing legislation on the organization of labor relations during the special legal regime. In this regard, the Law of Ukraine "2136-IX" On the organization of labor relations in martial law "was adopted. The article considers the changes that have taken place in the labor legislation of Ukraine in connection with the introduction of a special legal regime. Emphasis is placed on the study of such a legal phenomenon as "suspension of the employment contract", identified features of its application and conclusions on changes and additions to current labor legislation to avoid restrictions on labor rights in the future. Distinguished by the legal essence of the concept of "simple" and "suspension of the employment contract" are the features by which these legal terms must be distinguished. It is also noted that due to the lack of a legal mechanism for applying the concept of "suspension of the employment contract" in terms of reimbursement of all compensatory payments by the aggressor country, conflicts arise that restrict the constitutional rights and freedoms of man and citizen (right to social protection). It is proposed to introduce changes in the system of legislation, which in the future will allow to use the concept of "suspension of the employment contract" without restricting the constitutional rights and freedoms of man and citizen. Conclusions are formulated on the need to continue the study of innovations of the legislator in terms of "suspension of labor relations", as in the future it is possible to introduce it into the system of legislation on a permanent basis.