I work on the railway. I am currently abroad with my child (I left because the war started). The head of the enterprise asks to write a statement of resignation at his own will, since he does not plan to continue the vacation without saving (justifies the fact that he has the right not to continue according to Article 12, Clause 2 of the Law of Ukraine #2136, because the railway is a critical infrastructure object) . I have no desire to resign, because I do not want to lose my seniority. I cannot return, because there are no guarantees of safety (there are fatal cases at the enterprise from being hit by a missile from an aggressor country). What statement should I write in order not to terminate the employment contract?
How to save a job?
solvedAnswers
Tatіana Mazur
In this case, you can offer the employer to suspend the contract in accordance with Article 13 of the Labor Code "On the Organization of Labor Relations in Martial Law".
Suspension of the employment contract is a temporary termination by the employer of providing the employee with a job and a temporary termination of the employee's performance of the work under the concluded employment contract in connection with the armed aggression against Ukraine, which excludes the possibility of both sides of the employment relationship to fulfill the obligations stipulated in the employment contract.
Suspension of the employment contract can be carried out at the initiative of one of the parties for a period no longer than the period of martial law. In the case of a decision to cancel the suspension of the employment contract until the termination or cancellation of martial law, the employer must notify the employee of the need to start work 10 calendar days before the resumption of the employment contract.
The suspension of the employment contract does not entail the termination of the employment relationship.
19.09.2023 12:14