On June 14, the Law of Ukraine “On Amendments to the Law of Ukraine “On the Organization of Labor Relations under Martial Law” regarding the Exchange of Information and Suspension of the Labor Contract” ( Law No. 4412 ) came into force, which amended the Law “On the Organization of Labor Relations under Martial Law” . The amendments clarify the rules for the suspension, renewal, and termination of labor contracts in order to eliminate legal gaps that arose during the application of the Law.

The Federation of Trade Unions informs what changes you should pay attention to:

1. The categories of territories where the employer independently determines the procedure for paperwork during the implementation of activities have been clarified.

In particular, it is determined that during the period of martial law, the procedure for organizing paperwork on labor relations, registration and maintenance of work books, and archival storage of relevant documents in the territories of active and possible hostilities, the list of which is approved in accordance with the procedure established by law , is determined by the employer independently, provided that reliable records of the work performed by the employee and accounting for labor costs are maintained.

As of today, the Ministry of Regional Development has approved a list of TOTs .

2. the procedure for communication between an employee and an employer, in particular, with an employer who is an individual who is not an entrepreneur.

Now, each party to the employment contract is obliged to constantly (including during the suspension of the employment contract) ensure the possibility of communication with it and immediately (within a period of no more than 10 calendar days) inform the other party to the employment contract about changes in its contact details:

• address of location or place of residence;
• email addresses (if available);
• phone numbers, etc.

At the same time, the Law determines the method of fulfilling the specified obligation:

• the employer makes appropriate changes to the information contained in the Unified State Register;
• employer - an individual who is not an entrepreneur, sends information to the employee: to the address of location or place of residence; email address; phone number;
• the employee sends the information to the employer's physical address or email address specified in the Register. If the employee is unable to send the information by postal mail and/or technical means of electronic communications, he may notify the employer by telephone. To do this, send a text message to the employer's official phone number.

If one of the parties to the employment contract fails to comply with the requirements for informing about the change of contact details, the other party to the employment contract shall communicate at the last known address of location/place of residence, e-mail address or telephone number. In this case, such communication shall be considered as proper compliance with the requirements of labor law for notifying the other party to the employment contract.

If there is no postal communication and/or technical means of electronic communications according to the last known contact details, the requirement specified by law to notify such party of the emergence and/or termination of employment rights and obligations and/or termination/termination of the employment contract does not apply.

3. changes the conditions for suspending the employment contract:

• a maximum period for the suspension of the employment contract is established with the possibility of its extension only with the consent of the parties;
• the deadline for the employer to notify the employee of the need to start work in the event of the suspension of the employment contract being lifted is changed;
• establishes the right of the parties to an employment contract, the effect of which has been suspended, to terminate this employment contract on the grounds specified by law.
• Law No. 4412 specifies that during the period of suspension of the employment contract, the employer shall not:
• payment of wages to the employee;
• payment of guarantee and compensation payments (except for the amounts that were due to such employee on the date of suspension of the employment contract);
• ensuring working conditions necessary for the performance of work, which are provided for by labor legislation, collective agreement and employment contract, including:
  • granting and payment of any vacations and days off;
  • payment of temporary disability benefits;
  • submission of relevant settlement applications to the PFU.

Currently, the Law limits the period of suspension of an employment contract not only to the period of martial law, but nine months after the date of entry into force of Law No. 4412, restrictions will apply to determining the period of suspension of an employment contract - no more than 90 days during martial law.

In the event of non-extension by agreement of the parties (executed in accordance with the procedure established by law) of the maximum 90-day period of suspension of the employment contract specified by law, the employment contract suspended until the entry into force of the amendments provided for by Law No. 4412 shall be resumed the day after the expiration of this period.

By agreement between the employer and the employee, this period may be extended (requires registration with a relevant order (order) of the employer or an addition to the written employment contract) until the moment martial law is lifted.

In the event of a decision to cancel the suspension of the employment contract before the termination or cancellation of martial law or before the expiration of the period established in the order (order) , the employer must notify the employee of the need to return to work 14 calendar days before the renewal of the employment contract . Before the entry into force of the changes provided for by Law No. 4412, such period is 10 calendar days.

If circumstances make it impossible for the parties to an employment contract to fulfill their obligations, an employment contract whose validity has been suspended may be terminated on the grounds specified by law.

In this case, the employer is obliged to:

• to settle accounts with the employee;
• issue him/her a work book (provided that the work book is kept by the employer) no later than the next working day after the dismissed employee submits a written request.

In the event of lack of access to the work book or its loss, the employer will be obliged to issue the employee a duplicate of the work book in accordance with the procedure and within the time limits established by law.

Suspension of the employment contract, as before, must be formalized by an order (order) of the employer or an addition to the written employment contract with the recording of:

• reasons for suspension (in particular, justification for the inability of the parties to the employment contract to fulfill their obligations);
• the period of suspension;
• method of communication with the employee;
• employee identification data;
• conditions for the resumption of employment relations.

The State Labor Service may conduct unscheduled inspections of employers at the request of an employee or trade union regarding the employer's compliance with the requirements of the Law.

Therefore, an employee or trade union may appeal to the State Labor Service the employer's decision to suspend the employment contract with which they disagree.

If such a decision is recognized as unlawful, the employer may be obliged to eliminate the violations within 14 calendar days. In turn, the employer has the right to appeal the order of the State Labor Service in court within 10 days.

The employee also has the right to go to court if he disagrees with the employer's decision to suspend the employment contract.

If the court finds the employer's order (order) to suspend the employment contract with the employee illegal, the latter has the right to receive compensation in the form of average earnings for the period of illegal suspension of the employment contract.

Law No. 4412 also contains a novella on restrictions on dismissal for absenteeism - during the period of martial law, an employee whose workplace is located in the territories of active hostilities who is absent from work is not subject to dismissal for "absenteeism". At the same time, the time of absence from work of such an employee is not subject to payment and is not counted towards the length of service, which gives the right to annual basic leave.

At the same time, it is necessary to pay attention that we are talking about territories where active hostilities are ongoing. To determine such territories, it is advisable to use the TOT List. This List will be supplemented with territories of possible hostilities, but these territories are not subject to Part 3 of Article 5 of Law No. 2136.