On 24 February 2022, the President of Ukraine by Decree No. 64/2022 declared martial law in Ukraine as a response to Russian invasion. The initial duration of martial law is 30 days, however, as of today it is expected to be extended for at least another 30 days. Martial law implies limitation of certain constitutional rights, inter alia, the right to work and the right to rest.
To implement these limitations, on 15 March, the Parliament of Ukraine adopted the Law "On Organizing of Employment Relations During Martial Law" (the "Law"). The Law is not in force yet, as it awaits for the signature of the President and official publication. Nevertheless, as enactment of the Law appears to be a matter of a couple of days, it is worth reviewing its main provision based on the currently available text.
The Law introduces certain limitations of labour and employment rights and envisage specific regulation for some aspects of employment relations. The said act will be in force only during martial law and will cease to exist after the termination of the latter.
Suspension of employment agreements and CBAs
Employers may suspend employment agreements with their employees for the reasons, triggered by the military aggression. They will not have an obligation to render work to employees and pay salaries or provide other employment benefits. The Law provides that the obligation to pay salaries and other employment-related payments will rest with the Russian Federation.
Likewise, employers...
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