On the issue of transferring scientists to a remote form of employment in connection with martial law

Abstract

The article considers the peculiarities of transferring researchers to remote employment in connection with martial law. It is noted that today there are no legal obstacles to the full implementation of remote work for researchers and does not provide for changes in departmental and local documents, or any mandatory additional forms of control, planning and reporting for remote workers. Under martial law, it is the moral responsibility of the management of scientific institutions to ensure that all staff members are employed remotely, if permitted by the nature of their duties. At the same time, it was concluded that remote work should be considered not only a temporary phenomenon during martial law, but also a perfectly acceptable modern form of labor relations, which is also optimal for a large part of researchers and intellectuals in general. It is stated that every researcher who works remotely must independently determine the workplace and be responsible for ensuring safe and harmless working conditions at his chosen workplace, including outside the country. It is established that the current Ukrainian legislation does not impose any territorial restrictions on the employee's workplace in the conditions of remote work. Therefore, scientists, being outside the country and using remote technologies, can quite legitimately carry out scientific activities. In martial law, if a researcher is in an employment relationship with a state-owned enterprise, the state share in the authorized capital of which exceeds fifty percent or is a value that provides the state with the right to decisive influence on the economic activities of this entity, he may work for border in remote mode only in the case of a business trip, executed in the prescribed manner.