On 24 February 2022, the Verkhovna Rada of Ukraine approved Presidential Decree No. 64/2022 ‘On the introduction of martial law in Ukraine’.
In this regard, the following options are available for the operation of the enterprise.
If employees are unable to get to work:
- Switch employees to remote working
In accordance with Article 60 of the Labour Code of Ukraine , in the event of a threat of armed aggression or an emergency of a man-made, natural or other nature, remote working may be introduced by order (instruction) of the employer or an authorised body without the need to conclude a written employment contract for remote working.
The employee must be made aware of such an order (instruction) within two days of its adoption, but before the introduction of remote working.
It should be emphasised that this is only possible if employees are able to perform their work remotely.
- Arrange for downtime
In accordance with Article 34 ofof Ukraine , downtime is defined as a suspension of work caused by the absence of the organisational or technical conditions necessary for the performance of the work, force majeure or other circumstances.
As the downtime is not the fault of the employees, remuneration must be paid at a rate of not less than two-thirds of the standard rate of the established salary (Article 113 of the Labour Code of Ukraine).
- Granting leave
Article 4 of the Law of Ukraine ‘On Leave’ establishes the following types:
- Annual
- Social
- Unpaid
Please note that none of the above types of leave may be granted compulsorily!
It should be noted that the duration of all types of leave (except for parental leave until the child reaches the age of three) counts towards the length of service that entitles an employee to annual leave.
If there is no contact with employees:
Mark the absence as ‘unaccounted for’ until the circumstances are clarified.
Once the circumstances have been established, use one of the options listed above. You may also recognise the reason for the employee’s absence from work as valid.
Mobilised employees retain their position, place of work and average earnings.
Payment of wages and compulsory contributions is made in accordance with the relevant deadlines and procedures.
You may inform the employee of the issued order in a manner convenient for the company.
