Employment status in case of being on the territory of conflict
26.07.2022
The legislation of Ukraine does not provide for a special legal status for employees who are in the combat zone or in the territory where martial law is imposed. They continue to be subject to Ukrainian labor legislation, taking into account peculiarities provided for by the Law of Ukraine "On Arrangement of Labour Relation under Martial Law" No. 2136-IX dated 15 March 2022.
The Deputy Minister of Justice says that performing employment duties on the occupied territory will not be deemed as collaborationism if the employees cannot leave the territory, and unless they take active steps to invade the territory, in particular, cooperate with occupants to get appointments.
For employees who were called up or entered into a contract for military service some labour guaranties are provided. According to Part 3 of Article 119 of the Labor Code of Ukraine, the employer must retain the place of work and the position for the following categories of employees:
· conscripts, called up for military service, military service at the call of officers, conscripts, military service on call during mobilization, for a special period, military service on the call of reservists in a special period; and
· accepted for military service under a contract (including by concluding a new contract for military service).
Such guarantees shall be maintained for a special period until its expiration or until the date of actual release. The special period has been in force in Ukraine since the proclamation of the Decree of the President of Ukraine “On Partial Mobilization” No. 303/2014 dated 17 March 2014 and covers mobilization time, wartime and partial reconstruction period after the end of hostilities.
The above guarantees shall also be maintained for employees who have been injured and are in treatment, or have been taken in captivity or have been declared missing - for a period up to the day following the day on which the person is registered after the end of such circumstances.
Moreover, the State Employment Service says that the employee who does not come to work due to the hostilities-related circumstances may be dismissed only if such an employee files a respective dismissal letter. In this situation, it is unacceptable to dismiss an employee for their unauthorized absence without a good reason. However, it is not required to keep paying the average salary to them.
If an employee is unable to perform their work remotely, they may be granted the paid leave, or unlimited leave without pay, or the employment agreement with such an employee may be suspended.
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