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Ukraine: Employment law developments during martial law

25/ 03/ 2022
  On 24 March 2022, Law No. 2136–IX of Ukraine On Labor Relations During Martial Law came into effect. The law defines the peculiarities of employment relations during martial law (i.e., until at least 25 April 2022). Key changes The possibility to establish a probation period for any newly hired employee Additional grounds to conclude fixed-term employment agreements with employees The right to transfer an employee (under certain conditions) to another job without the employees consent The possibility to change material employment terms without notification The possibility to terminate the employee at the employers initiative during temporary disability or vacation (with certain exceptions) An increase to the employees maximum working hours up to 60 hours per week (and up to 50 hours per week in the case of reduced working hours) The release from liability for failing to pay a salary in a timely manner (under certain circumstances) The possibility to engage female employees, with their consent, in heavy work, work in harmful or hazardous conditions, and undergrounds work (with certain exceptions) The employers right not to grant vacation to an employee (except for certain types of vacation) if the employee performs work at critical infrastructure facilities The possibility to grant unpaid vacation at the employees request without taking into account the restrictions applicable to the vacations maximum duration The possibility to suspend certain provisions of the collective bargaining agreement by the employer The possibility to suspend the employment agreement (without actual termination) We recommend that the employers in Ukraine should consider the above legal changes during martial law. Contacts Lina Nemchenko Partner Baker McKenzie   Mariana Marchuk Counsel Baker McKenzie

On 24 March 2022, Law No. 2136–IX of Ukraine “On Labor Relations During Martial Law” came into effect. The law defines the peculiarities of employment relations during martial law (i.e., until at least 25 April 2022).

Key changes

  • The possibility to establish a probation period for any newly hired employee
  • Additional grounds to conclude fixed-term employment agreements with employees
  • The right to transfer an employee (under certain conditions) to another job without the employee’s consent
  • The possibility to change material employment terms without notification
  • The possibility to terminate the employee at the employer’s initiative during temporary disability or vacation (with certain exceptions)
  • An increase to the employee’s maximum working hours up to 60 hours per week (and up to 50 hours per week in the case of reduced working hours)
  • The release from liability for failing to pay a salary in a timely manner (under certain circumstances)
  • The possibility to engage female employees, with their consent, in heavy work, work in harmful or hazardous conditions, and undergrounds work (with certain exceptions)
  • The employer’s right not to grant vacation to an employee (except for certain types of vacation) if the employee performs work at critical infrastructure facilities
  • The possibility to grant unpaid vacation at the employee’s request without taking into account the restrictions applicable to the vacation’s maximum duration
  • The possibility to suspend certain provisions of the collective bargaining agreement by the employer
  • The possibility to suspend the employment agreement (without actual termination)

We recommend that the employers in Ukraine should consider the above legal changes during martial law.

Contacts

Lina Nemchenko
Partner Baker McKenzie
 
Mariana Marchuk
Counsel Baker McKenzie

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