If an employee is laid off during wartime, how is that right?

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If an employee is laid off during wartime, how to properly arrange all this and what should be the payments?

31.07.2023 15:55 681

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Photo of lorina200215 Lorina Fedan

The labor legislation does not establish restrictions on the prohibition of reducing the number of employees of non-state enterprises, institutions and organizations during the period of martial law.

According to Article 5 of the Law of Ukraine "On the Organization of Labor Relations in Martial Law", the employer has the right to terminate the employment contract with the employee in connection with the liquidation of the enterprise, institution, organization, caused by the destruction as a result of hostilities of all production, organizational or technical capacities or property of the enterprise.

The employee is notified of such dismissal no later than 10 days in advance, with the payment of severance pay in the amount of at least the average monthly salary.

At the same time, during the period of martial law, it is allowed to dismiss the employee at the initiative of the employer during the period of his temporary incapacity, as well as during the period of the employee's stay on vacation (except for leave due to pregnancy and childbirth and leave to care for a child until the child reaches the age of three) with indicating the date of dismissal, which is the first working day following the end of the temporary incapacity for work specified in the document on temporary incapacity for work, or the first working day after the end of the vacation.

01.08.2023 10:29

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