Transfer of educators to remote form of work in martial law
Author: Kateryna Maevska, lawyer of Dynasty Law & Investment
With the beginning of the war, there are almost no branches of public life that have not undergone radical changes. The sphere of education in Ukraine is no exception. Active hostilities have led to the inability of educators to perform their work at the place of work provided by the employer. In this regard, the Verkhovna Rada of Ukraine adopted a number of regulations, the purpose of which was to regulate the work of educators in the period during which martial law was imposed.
Thus, in accordance with the Law of Ukraine of 15.03.2022 “On the organization of labor relations in martial law” № 2136-IX (hereinafter – the Law) provides in particular the possibility of registration of employees who can not perform work in normal conditions – transferring them to remote work.
What kind of work is remote? This is a type of work performed by an employee remotely, using the Internet and / or other means of communication.
Article 60-2 of the Labor Code, remote work is performed by the employee outside the workplace, ie the choice of place of work is at the discretion of the employee.
A feature of the new Law is the provisions that enshrine:
- no obligation for the employer to notify the employee within 2 months about the change of significant working conditions for him
- the absence of a requirement that was mandatory for the conclusion of an employment contract in writing, as it was provided for before the entry into force of the above changes.
What is important: when transferring any employee, including a person working in the field of education, to work remotely, such a worker should agree in advance on the methods of communication and interaction between employer and employee when performing their work remotely:
- Outline the range of electronic and / or Internet communications, Zoom conferences, etc .;
- Reporting of the employee-educator on the scope and / or working hours of the work performed and the form of submission of such reports, as well as the frequency of reporting (if necessary);
- Identify ways for the employee to communicate circumstances that are beyond the employee’s control and impede the employee’s proper performance of duties remotely.
It should also be borne in mind that an employee who is at work remotely is entitled to a rest period, which guarantees a period of free time (the period during which the employee is not in touch). During the holiday, the employee is not obliged to maintain continuous communication via the Internet and / or using other types of communication with the employer.