Law No. 2136 "On the Organization of
Labor Relations in the Conditions of Martial Law" defined the specifics of
payment of labor that operate exclusively in the conditions of martial law. Since the martial law is extended for another three months, we
will remind you about the key features.
1. They limited the constitutional rights
and freedoms of citizens. Among them are the rights to:
• wages not lower than the minimum wage;
• protection against illegal dismissal;
• timely receipt of remuneration for work.
During the war, workers are also allowed
to be fired without union consent. The exception is employees elected to trade
2. The employer was granted the right to
notify the employee of a change in the essential working conditions and a
change in the payment conditions no later than before the introduction of such
conditions. That is, today they can warn the employee about the reduction of the
official salary / tariff rate, in a day or two - they can reduce it on legal
3. Restrictions on overtime work were
abolished. But all overtime hours should be paid at double rate.
4. It is obligatory to calculate the salary in
proportion to the increase in the norm of working hours, if it was increased to
60 hours (shortened hours - 40 hours). This norm is valid from 19.07.2022. How
to calculate the salary, the employer decides at his discretion, but we advise
you to fix the algorithm in an orderly way.
5. Due to the impossibility of timely
payment of wages as a result of hostilities, the employer has the right to
postpone the payment of wages until the time of resumption of the enterprise's
activities. The main thing is to prove the fact of the impact of hostilities.
6. The employer was allowed to suspend the
effect of certain provisions of the collective agreement on his own initiative.
Currently, he is not obliged to agree to the suspension of collective agreement
norms with the trade union / representatives of the labor team. But the
Ministry of Economy still recommends informing them. To do this, issue an
executive act in which you state the provisions of the collective agreement
that are stopped, and familiarize the employees with it. It was allowed to
suspend the provisions of the collective agreement, in particular, regarding
vacations, wages, working hours, payment of bonuses and incentives.
During the period of martial law, the employer has the right, on his own
initiative, to suspend the effect of certain provisions of the collective
7. From 19.07.2022, State Labor authorities were allowed to conduct unscheduled inspections, including checking compliance with the requirements of Law No. 2136.
During the period of martial law, the provisions of Law No. 2136 take precedence over the provisions of the Code of Labor Laws and the Labor Law.
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