The Verkhovna Rada has regulated the rules for the suspension of employment contracts during martial law
The Verkhovna Rada adopted in the second reading and in its entirety the Law of Ukraine “On Amendments to the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” regarding the exchange of information and the suspension of the employment contract” (draft law No. 12255-1). This law is called settle problematic issues that have arisen for employees and employers in connection with the introduction of martial law, in particular regarding the suspension of employment contracts.
The document eliminates legal gaps and clearly defines that at the initiative of one of the parties, suspension of the employment contract is possible for a period of no more than 90 calendar days during the period of martial law. If both parties agree, this period can be extended beyond 90 days, but not longer than until the end or abolition of martial law.
The law also establishes the obligation of the parties to the employment contract to maintain constant communication, including the period of suspension of the contract, and to inform each other of changes in contact information no later than within 10 calendar days.
The grounds for termination or renewal of the suspended employment contract, as well as the procedure for communication between the employee and the employer, including if the employer is a natural person who does not have the status of an entrepreneur, are prescribed separately.
A 14-day period is provided, within which the employer must notify the employee of the need to return to the performance of his duties. The right of each party to a suspended contract to terminate it on the grounds determined by law is also established.
In addition, it is stipulated that an employee whose work is in the zone of active hostilities and who does not appear at the workplace cannot be dismissed for “absenteeism” in accordance with Clause 4 of Part One of Article 40 of the Labor Code of Ukraine. The parliament noted that the adoption of the law will create the necessary legal conditions for a gradual reduction in the number of cases of suspension of employment contracts.
