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On 1 July 2022, the Parliament (Verkhovna Rada) of Ukraine adopted draft Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Optimization of Labour Relations” № 2352-IX (the “Law”). The Law entered into force on 19 July 2022.

Main changes that done in regulation of labour relations:

  •  established that during the declaration of martial law or a state of emergency, all notices and documents on issues of labor relations, orders (orders) of the employer can be carried out and kept in electronic form using technical means of electronic communications or by sending electronic media, on in which this document is recorded, in accordance with the legislation in the field of electronic document circulation;
  • provided the procedure for terminating an employment contract with an employee in the event of employee death or recognized by the court as missing or declared dead;
  • introduced an additional reason for terminating the employment contract – the employee’s absence from work and information about the reasons for such absence for more than four months;
  • introduced an additional reason for the dismissal of an employee – the impossibility of providing the employee with working conditions due to the fact that the production, organizational, technical capacities, means of production, or property of the employer were destroyed as a result of hostilities, which are necessary for the specified employee to perform the work, as well as introduce a special procedure for the release of such employees;
  • leave the right to annual additional vacation of 14 days for the participants of hostilities, injured participants of the Revolution of Dignity, persons with disabilities as a result of the war;
  • compensate employees and employers for the amounts of money lost as a result of armed aggression related to labor relations under a separate mechanism;
  • to allow unscheduled checks of state control over compliance with labor legislation during martial law;
  • established the term when the salary for the vacation period must be paid, namely no later than the last day preceding the day the vacation begins;
  • specified the procedure for regulating working time and rest time during the period of wartime, in particular, with regard to the categories of employees whose working hours may be increased during the week, specify the procedure for granting annual basic leave;
  • defined the concept of cooperation (working on several jobs);
  • determined the specifics of the service of civil servants and officials of local self-government bodies during the period of martial law;
  • clarified the procedure for the layoffs of employees, including mass layoffs;
  • increased wages in the amount increased in proportion to the increase in the labor rate for the period of martial law;
  • clarified the norm on the notification of the employee about the change in the essential working conditions and payment conditions during the period of martial law;
  • during the period of martial law, to obligatorily provide an employee who has left the territory of Ukraine or acquired the status of an internally displaced person, a leave without salary for a duration of no more than 90 calendar days.

* According to the materials by the State Service of Ukraine on Labor Issues

*The law can be found at the following link: Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Optimization of Labour Relations” № 2352-IX

*In addition, the website of the Ministry of Economy of Ukraine has posted a paragraph-by-article commentary on the new Labor Law. ( Can be found at the following link: https://www.me.gov.ua)

OPTIMISING LABOUR RELATIONS

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