Сertain problems of implementing the right to work under martial law

Abstract

The article examines certain problems of implementing the right to work under martial law. The doctrinal approaches to the understanding of the right to work, the systems of labor rights are analyzed, and the peculiarities of the regulation of labor relations introduced under the conditions of martial law in Ukraine are clarified. It is justified that the constitutional right to work can be and is limited in wartime conditions.
 It has been proven that in Ukraine there was a timely response to the need for changes in the regulation of labor relations, which was done by adopting a special law "On the organization of labor relations under martial law". The provisions of the specified law allow more flexible regulation of labor relations, new norms have been introduced (for example, suspension of the employment contract), a number of guarantees are provided for the employee (the possibility of terminating the contract within the period specified in the application, etc.) and the employer (the possibility of dismissing the employee even during his temporary disability, etc.). Considering the fact that the war continues, amendments and additions were already made to this law in July, and obviously its provisions need to be improved, including for the proper protection of the rights of workers in the conditions of martial law.
 Losses to the economy and the labor market in Ukraine, approaches and forecasts of experts to the prospects of restoring the level of employment in Ukraine after the war were also analyzed. Empirical data on the issues of appeals for legal assistance of employees have been studied. It has been established that the loss of jobs and employment guarantees are key problems for millions of Ukrainians.
 Particular attention within the framework of the study is devoted to the analysis of the issue of freedom of labor in the conditions of martial law, when forced involvement in certain types of work is possible. In addition, the institution of suspension of the employment contract, under which a forced temporary termination of the employment contract takes place, has been carefully analyzed. The need to amend the labor legislation to guarantee employees the right to cancel the suspension of the employment contract is substantiated.