New changes in the labor legislation of Ukraine during the armed aggression of the Russian Federation on the territory of Ukraine

Abstract

The article examines the current changes in labor legislation, which were adopted by the Verkhovna Rada of Ukraine in March 2022 in connection with the martial law due to the armed aggression of the Russian Federation in Ukraine. The Law of Ukraine “On the organization of labor relations in martial law” is reviewed, the main provisions that are important for the development of labor relations in martial law for both employees and employers are determined.
 Changes in the conclusion of an employment contract for this period are studied in detail. Possibilities of termination of the employment contract on the initiative of both the worker and the employee are studied. The problem of registration and termination of labor relations in those regions of Ukraine where active hostilities are conducted is traced.
 The article focuses on the forms of employment contract for the period of martial law, in particular, the conclusion of an employment contract may be in writing or orally.
 There are changes in wages. From now on, the employer is released from liability for late payment of wages to the employee, if he proves that the reasons for late payment were force majeure, such as hostilities and martial law.
 An innovation such as the suspension of an employment contract, which is possible in connection with military aggression against Ukraine, is being studied in detail. Due to the suspension, it excludes the possibility of employment by the employer and its performance by the employee. It is emphasized that the termination of the employment contract is not the termination of employment with the employee. Attention is drawn to the fact that the employer, under such conditions, is not obliged to pay wages to its employees, and further reimbursement of any payments to employees who were unable to make the employer in connection with the suspension of the employment contract, in full will rely on the aggressor state, namely the Russian Federation. The article also draws attention to the new bill submitted to the Verkhovna Rada of Ukraine in April 2022 on amendments to some laws of Ukraine on the optimization of labor relations in martial law. Emphasis is placed on the new points by which this bill fills in the gaps in the Law №2136.