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This has not been seen before: how in Ukraine they can be fired from work during the war

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We tell how Ukrainian legislation allows employers to fire employees during martial law

Can be fired even through the messenger / Photo: Today, Collage: Today

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It is very difficult for Ukrainians to find work during the war. However, quitting has become easier. Under martial law, you can apply for dismissal remotely.

On the Free Legal Aid portal, they explained how legal it is.

Changes in legislation

During martial law in labor The legislation has introduced some changes, but you can still quit in the following ways:

  • due to termination of the employment contract at the initiative of the employee;
  • with the consent of the parties;
  • due to the expiration of the employment contract;
  • on termination of the employment contract at the initiative of the owner or a body authorized by him in the event of changes in the organization of production and labor.
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Now workers can do not warn employers 2 weeks in advance about the desire to quit. The only exceptions are those who are involved in socially useful work under martial law. And also workers involved in work at facilities that relate to critical infrastructure in areas where hostilities are taking place.

But employers can fire any person if he is unable to work, or even when he is on vacation (the only exception is maternity leave and caring for children under 3 years old).

Is it possible to fire people by e-mail or instant messengers

“In accordance with part three of Article 29 of the Labor Code, familiarization of employees with orders (instructions), messages, other documents of the employer regarding their rights and obligations is allowed using the means of electronic communication specified in the employment contract,” lawyers say.

In this case, if the employer and the employee exchanged electronic documents, this It is considered confirmation that both parties have read these documents.

For example, one of the options for how such an exchange and, in fact, dismissal can occur:

  • the employee has a qualified electronic signature (QES), with which he signs any application, including dismissal, and sends it to the employer;
  • in response, the employer sends the employee an order signed, including using the CEP.

However, it is very important that such a procedure was prescribed in the acts of the organizationfrom where the employee is dismissed in this way

If there is no QEP, then the exchange of documents can occur by e-mail or instant messengers. But then the organization must create a protocol, which must contain the information approved by this procedure.

There may be disputes

Lawyers emphasize that, nevertheless, if a labor dispute arises and a trial takes place, the evidence will be acts where the procedure for the exchange of electronic documents between the employer and the employee is fixed. If there are no such acts and confirmations, it is likely that the employee will win the dispute.

“This is stated in the decision of the Supreme Court of December 3, 2018 in case No. 686/21222/16-c, according to which, in the absence of prior consent of the parties to labor relations for the exchange of official documents by means of electronic communication, such documents must be submitted in paper form with the original signature of the author of the document, since the sending of the application by means of electronic communication does not enable the other party to establish the true will of the applicant“, lawyers say.

Grounds for dismissal increased

Segodnya has already been told that Ukraine expanded the grounds for dismissal of workers during the war, namely: the inability to provide working conditions due to the destruction of property as a result of hostilities. In addition, a special procedure for the dismissal of such employees is being introduced.

It also indicates one more additional ground for terminating the employment contract. absence of an employee at work and information about the reasons for such absence for more than four months.

We also talked about how the average salary decreased in Ukraine, and what is the difference between downtime and suspension of an employment contract during the war.

Source: Segodnya

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