Dismissals during the war

Автор: admin_dev
Dismissals during the war
Зміст статті:

According to the Ministry of Economy, today every eighth Ukrainian is out of work. While the main reason for the dismissals is clear to everyone, the procedure is not, since labor law has not undergone so many changes in a long time as it has during martial law.

There are four options for dismissing an employee during the war:

Employee-initiated dismissal ‘within one day’

An employee may resign without two weeks’ notice on the date specified in their application due to hostilities in the area where the enterprise is located or because of a threat to the employee’s life and health.

Exceptions are employees who work at infrastructure facilities or who are compulsorily engaged in socially useful work.

Mandatory payments:

  • salary;
  • compensation for unused vacation.

Payments must be made on the day of dismissal, and if you did not work that day, no later than the next day after you present a demand for settlement. If the employer violated labor legislation, a collective or employment agreement, severance pay is paid, but you need to prove such violations.

Currently, as a mandatory requirement during settlement, the employer must provide you with a written notice indicating the amounts accrued and paid to you.

A brief instruction for dismissal at the employee’s initiative or by mutual agreement:

Resignation letter
If it’s not possible to submit in person, you can write the letter, sign it, scan it and send it to the employer by e-mail with a cover letter.
Dismissal order
The employer must acquaint you with the order, provide a copy of it, and, if an employment contract is in place, terminate it.

Dismissal at the employer’s initiative

One of the most talked-about wartime changes has been the employer’s right to dismiss an employee who is temporarily incapacitated or who is on leave (except for maternity leave).

Important! This provision is not a separate new ground for dismissal; it is rather a new procedural aspect during martial law. A worker can be dismissed only if there are grounds for dismissal (Articles 40, 41 of the Labor Code), and not on the basis of temporary incapacity itself or the employee being on leave.

Since current living conditions have led to the emergence of several new grounds for terminating an employment contract at the employer’s initiative, let’s consider them.

  • Absence of the employee from work and lack of information about the reasons for such absence for more than four consecutive months.

This ground should not be equated with dismissal for absenteeism. To terminate the employment contract on this ground, two mandatory conditions must be met simultaneously:

  1. actual absence of the employee from the workplace for more than 4 consecutive months;
  2. absence of information by the employer about the reasons for such absence for more than 4 consecutive months (the validity or invalidity of the reasons does not matter).
  • Death of the employer;
  • Death of the employee. Amounts of all payments owed to the deceased that were not received during their lifetime are transferred to members of their family, and in their absence become part of the estate.
  • Impossibility of providing the employee with the work specified in the employment contract due to the destruction (absence) of production, organizational and technical conditions, means of production or the employer’s property as a result of hostilities.

Dismissal on this ground requires payment of severance pay to the employee in the amount of the average monthly salary and is allowed with a ten-day prior notice.

Mandatory payments

  • salary;
  • compensation for unused vacation;
  • severance pay in an amount not less than the average monthly earnings. A collective or employment agreement may establish a higher amount of severance pay.

Dismissal by mutual agreement

Here everything is the same as before the war. The parties agree on the terms of dismissal and part ways.

Mandatory payments

  • salary;
  • compensation for unused vacation;
  • other payments provided for by the contract.

Due to termination of the employment contract

Everything also remains unchanged here — war or not, deadlines have not been canceled, and there are no special conditions for continuing the contract.

Mandatory payments

  • salary;
  • compensation for unused vacation;
  • other payments provided for by the contract.