ON CERTAIN ISSUES OF RESTRICTIONS OF LABOR RIGHTS OF EMPLOYEES DURING MARTIAL LAW

Abstract

In this scientific work, the author analyzed a number of problematic aspects of restricting the labor rights of employees during martial law. It was determined that the right to work may be restricted during the period of martial law, which is provided for by the Decree of the President of Ukraine dated 02/24/2022 No. 64/2022 “On the introduction of martial law in Ukraine”. It was outlined that the annual main leave during the period of martial law is a leave lasting no more than 24 calendar days. But this restriction is not categorical, since Law No. 2136-IX clearly states that the annual main leave may be restricted by decision of the employer. It was determined that the Legislator, for the period of martial law, expanded the rights of the employer and granted him the right to independently establish a five-day or six-day working week. Also, during the period of martial law, the norms regarding the duration of the working day on the eve of holidays, non-working days and weekends, restrictions on overtime work, transfer of holidays and non-working days, prohibition of work on weekends, establishment of holidays and non-working days, non-inclusion of holidays and non-working days in the duration of vacation do not apply. It is concluded that the restriction of freedom of labor in the context of labor service is a necessary, temporary and forced measure, which is introduced by the relevant authorities to achieve the legislatively defined strategic goals in the defense sector, prevention of emergencies of a natural and man-made nature, elimination and minimization of the consequences of such emergencies. The attention is focused on the features of termination of an employment contract at the initiative of the employer during martial law, which include: 1) an employee may be dismissed during the period of his temporary incapacity for work; 2) an employee may be dismissed while on leave (except for leave due to pregnancy and childbirth and leave to care for a child until the child reaches the age of three); 3) an employee may be dismissed without the prior consent of the elected body of the primary trade union organization (except in cases where such an employee is a member of a trade union).