In Ukraine, new rules with work books: what was allowed during the war

During martial law, employment conditions and labor relations change. In particular, and on the issue of storage of documents. Now work books can be obtained on hand on a special application, and not only after dismissal.

The press service of the Ministry of Justice of Ukraine explains how to do this.

How to pick up a work book

According to the law, during martial law there are no special conditions for the storage of work books. They must be kept at enterprises, and their issuance is provided only when a person leaves.

However, the clarifications of the State Labor Service of Ukraine state that the employer is not obliged to issue work books to employees, but they cannot refuse to issue a document to an employeeif requested to do so.

You can pick up a work book using the application as follows:

• you need to contact the employer with a statement, where there will be a request to issue a work book and an explanation why you need it;
• in a special additional register of temporarily issued work books, the employee must sign for the receipt and return of this document.

At the same time, if the enterprise is located in the area of ​​active hostilities, the list of which is approved by the Ministry for the Reintegration of the Temporarily Occupied Territories of Ukraine, the employer can decide on his own and give work books to employees.

This should also be done under the signature, and so the company will be able to save its documents in a war.

If the work book was issued to the employee, then the employer disclaims any responsibility for its safety.

“The issuance of a work book in hand is carried out in order to preserve it, because in a war no one can guarantee anything. An employer cannot forcibly issue a work book in hand against the desire of an employee. But if the work book is destroyed due to hostilities, the employee will receive trouble for data recovery at retirement, and the employer is unlikely to be held liable, because we live in a war, which is recognized as a force majeure”, – the message says.

How in Ukraine they can be fired from work during the war

Earlier, Segodnya was told that now you can quit on the basis of an application that was submitted 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 explained.

That is, if the employer and employee exchanged electronic documents, this It is considered confirmation that both parties have read these documents. At the same time, it is very important that such a procedure was prescribed in the acts of the organizationfrom where the employee is fired in this way.

Segodnya also reported that Ukraine expanded the grounds for dismissal of workers during the war. Now they can leave work due to the inability to provide working conditions after the property of the enterprise was destroyed during the hostilities. There is also a special procedure for the dismissal of such employees.

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