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 union bodies.
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 grounds.
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.
Attention! 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 agreement.
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.