On the issue of optimization labor relations in the conditions of the imposition of martial law

Abstract

The article examines the legal regulation of labor relations under martial law. The full-scale invasion of the aggressor country, on the one hand, has led to an increase in the number of cases of injuries to employees in the performance of their work duties. On the other hand, it has complicated the ability of employers to ensure safe and harmless working conditions in the workplace. In this difficult period, the legislator significantly narrows the rights and guarantees of employees, since martial law provides for restrictions on constitutional human rights and freedoms. The author defines the concept of martial law and its impact on social relations in the labor sphere, as well as the basic principles of their legal regulation. The author states the challenges which arose during the aggressor’s military actions on the territory of our State in labor relations, namely: destruction of many enterprises and businesses and, as a result, reduction of the number of jobs; massive increase in internally displaced persons and migration of workers abroad; reduction of production and accidents at workplaces due to shelling; relocation of business; decline in living standards, wages and price increases, etc. The author outlines the impact of the legal regime of martial law on the rights and obligations of employees and employers. The author studies the impact of the consequences of armed aggression on a significant restriction of labor rights, namely, of employees. The author emphasizes that although the legislator has introduced new legal mechanisms for regulating labor relations, some of the rules are applied in practice and perceived differently by employers and employees. The author draws attention to the unresolved issues of labor relations organization and suggests ways to optimize them. Changes in the current legislation and peculiarities of labor relations regulation related to the introduction of martial law are assessed. The author highlights the issues of labor relations regulation during the declaration of an air alert in the context of Russian aggression. It is noted that a safe and healthy environment should be the basic principle of labor relations regulation in order to preserve the life and health of labor process participants. The author suggests ways to solve some of the unclear problems of legal regulation of labor relations.