The State Labour Service has allowed extending the working week and transferring staff without consent
During the period of martial law, employers have been granted the right to change work schedules, transfer employees to other positions, and adjust rest rules. The State Labour Service of Ukraine has provided relevant clarifications. This was reported by Glavcom citing the State Labour Service of Ukraine, according to the portal PromPolitInform.
As part of efforts to eliminate the consequences of hostilities or avert threats to human life, enterprise managers may transfer employees to different work or a different location without prior consent. This requirement does not apply if the work is contraindicated for health reasons or if the new location is within an active combat zone. In such cases, the salary in the new position must be maintained at a level no lower than the average pay for the previous job.
Work time organisation
For critical infrastructure personnel, it is permissible to increase the working week to 60 hours with a proportional increase in pay. Normal working hours can be set within 40 hours, although the employer has the right to independently adjust the start and end of the working day, as well as reduce the weekly continuous rest period to 24 hours.
Previously existing restrictions on work on weekends and the eve of holidays, rules for transferring days off, and limits on overtime work are suspended during this period. The reduced duration of night work for employees is also not applicable.
Work in special conditions
Legislation provides a ban on assigning night shifts without consent to pregnant women, mothers of children under one year of age, and persons with disabilities if medical contraindications exist. Other categories of employees who have children, or other women, may be assigned to heavy, underground, or night work without restrictions.
The parties to an employment relationship have gained the right to independently decide on the issue of written employment contracts. It is also possible to conclude fixed-term contracts with new hires and apply a probationary period regardless of the employee category.
Termination of employment
An employee has a legal basis for immediate termination of the contract if the enterprise is located in a combat zone and there is an immediate threat to their life or health. This rule does not apply to individuals performing socially useful work or those involved in critical infrastructure objects.
Employers are granted the right to dismiss employees during leave or sickness, except for maternity leave. Dismissal is also possible due to the destruction of production facilities as a result of hostilities or an employee’s absence from the workplace for more than four months without notifying the employer of the reasons.
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