A handbook on labor legislation during martial law has been prepared for advocates

Martial law has significantly changed labor relations. The introduction of special legislation and restrictions on constitutional rights require advocates to have a thorough understanding of the new rules and emerging court practice.

The Ukrainian National Bar Association has prepared and published a guide entitled «Advocates' Work with Labor Legislation under Martial Law».

The authors of the publication are representatives of the UNBA Committee on Labor Law: Viktoria Polishchuk, Anna Lysenko, Dmytro Navrotsky, Natalia Kaida, Iryna Vasylyk, and Alla Andrushko.

The materials cover general issues of labor relations during martial law, such as the conclusion of employment contracts, the transfer of employees and changes in essential working conditions, night work, the establishment and recording of working hours, and the granting of leave. It also examines the specifics of suspending employment contracts, their termination at the request of the employee or at the initiative of the employer, and the dismissal of managers. Separate sections are devoted to aspects of state supervision, in particular, the grounds and procedure for conducting unscheduled measures to ensure compliance with labor legislation.

The manual contains the current positions of the Supreme Court on current practice in labor disputes.

During the ongoing war, restrictions and special provisions established by the Law «On the Organization of Labor Relations under Martial Law» are in force. The law defines the special features of labor relations for employees of all enterprises, institutions, and organizations in Ukraine, regardless of their form of ownership, type of activity, and industry, as well as for persons working under employment contracts with individuals during the period of martial law. For the duration of martial law, restrictions on the constitutional rights and freedoms of individuals and citizens are introduced in accordance with Articles 43 and 44 of the Constitution. Labor legislation does not apply to relations regulated by this Law. Therefore, over the past three years, a practice of applying the provisions of the new military labor legislation has been developed (including by Ukrainian courts).

Methodological materials «The work of an advocate with labor legislation in martial law» can be downloaded at the link.