On September 8, at the initiative of the Committee on Labor Law, a round table was held at NAAU on the topic of “Inspections of State Labor under martial law”.
The participants of the event discussed the violations of employers, which most often become grounds for inspections.
Thus, Committee Chair Viktoriya Polishchuk noted that the reason for the inspection could be: violations of the Law of Ukraine “On the Organization of Labor Relations in Martial Law”, undocumented workers, violations during the conclusion of civil law contracts, termination of labor contracts, and violations of the dismissal mechanism employees, suspension of employment contracts without legal grounds, forced leave without pay, non-fulfillment of orders, etc. Both legal entities, regardless of the form of ownership, type of activity, management, as well as natural persons who use hired labor are subject to inspection.
Alla Andrushko, a member of the Board of the Committee, during her report, described the rules for concluding civil law contracts and employment contracts, defined the criteria for their distinction and essential features. The lawyer also analyzed the controversial aspects of court practice in the field of inspections by the State Labor Office regarding unregistered workers.
Committee member Hanna Lysenko spoke about a relatively new instrument of labor relations – termination of the employment contract. According to her, this tool is used quite often by employers today, however, it is not always drawn up correctly. Thus, for the suspension of the employment contract, a simultaneous combination of two conditions is necessary, namely: the impossibility of providing work and the impossibility of performing work in connection with military aggression against Ukraine. However, employers violate this algorithm and the employee has a legal need to appeal the employer’s actions to the State Labor Service, which is the basis for conducting an appropriate check of compliance with the labor legislation of Ukraine.
Yaroslav Melnyk, a member of the Council of the Committee, drew attention to the problem of protecting social rights in the conditions of martial law, which was accompanied by emphasis on the need for a balanced policy with the requirements of ensuring European standards. In the speaker’s opinion, disregarding EU convention norms and directives complicates not only the process of realizing social rights, but also the procedure for their protection. Thus, the lawyer noted that the Civil Code of Ukraine should clearly differentiate jurisdiction according to the social criterion, giving preference to the choice of the court according to the plaintiff (place of his stay or residence), given that the subject is already in difficult life circumstances.
The Deputy Director of the Labor Department of the State Labor Service of Ukraine, Olena Konovalova, also took part in the event, who spoke about the most common violations of labor legislation, with which employees turn to the State Labor Service today.
You can familiarize yourself with the speakers’ presentations at the following link: http://surl.li/czkwc .
The text and photos were prepared by the NAAU committee coordinator team