The new amendments aim to streamline labor relations during martial law, particularly in relation to suspended employment contracts and document management in territories affected by hostilities or occupation.
Key Provisions of the Amendments
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Enhanced Document Exchange and Records Management
- The law standardizes the procedures for document exchange, personnel record management, and archival storage at all enterprises, institutions, and organizations.
- This applies not only in areas of active conflict but also in regions with potential hostilities, ensuring continuity in administrative functions.
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Continuous Communication Requirement
- The amendments mandate that parties to an employment contract must maintain constant communication during the suspension period.
- Employers and employees are required to update their contact details within 10 calendar days of any change, ensuring swift and reliable communication.
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Clarification of Rights During Contract Suspension
- The new rules clearly delineate the rights and obligations of employers during the suspension of employment contracts, including:
- Wage, guarantee, and compensation payments are suspended, except for amounts due at the time of suspension.
- Employers are not obligated to provide working conditions (such as vacation or temporary disability benefits) during the suspension period.
- The law establishes that the maximum total period for the suspension of an employment contract, initiated by either party, is 90 calendar days.
- The new rules clearly delineate the rights and obligations of employers during the suspension of employment contracts, including:
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Termination and Settlement Provisions
- The amendments specify the conditions under which parties may terminate a suspended employment contract based on existing labor legislation.
- Employers must settle all outstanding accounts with an employee and issue the work book (if in custody) no later than the next business day after a written termination request is submitted.
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Updating Contact Information
- Employers are required to clarify and update any incorrect information in the Unified State Register (EDR) within 60 days of the law’s entry into force.
- Employees who have been absent for 90 consecutive days during martial law or whose workplaces are in temporarily occupied territories must provide updated contact details within 60 days of the law’s activation.
Implications for the Labor Market
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Reducing Legal Uncertainty:
The amendments aim to eliminate existing gaps in labor legislation under martial law, providing clear guidelines that help prevent disputes and reduce the risk of litigation. -
Streamlined Administrative Processes:
By standardizing documentation and record-keeping, employers can ensure compliance even under challenging conditions, thereby minimizing bureaucratic delays and inefficiencies. -
Protecting Both Employers and Employees:
The clarified rights and obligations during the suspension period protect both parties, ensuring that employees receive appropriate settlement upon contract termination while relieving employers of ongoing wage and benefits liabilities during periods of uncertainty. -
Enhanced Communication:
The requirement for regular updates of contact information guarantees that both employers and employees remain in constant contact, which is crucial in times of instability.
Conclusion
The adoption of draft law No. 12255-1 by the Verkhovna Rada represents a major step toward modernizing and securing labor relations during martial law. By addressing key issues such as document management, suspended employment contracts, and communication protocols, these amendments will help mitigate legal uncertainties and foster a more stable working environment—even in conflict-affected regions. This legislative reform is expected to prevent future disputes, reduce litigation, and contribute to a more efficient and transparent labor market during these challenging times.
