Now the engineer of the enterprise wrote to me that the suspension of the employment contract is ending and I must either go to work or write a resignation letter. What to do in such a situation?
I am currently outside Ukraine. My employment has been suspended...?
solvedAnswers
Yaroslav Sikorsky
According to Article 13 of the Law of Ukraine "On the Organization of Labor Relations in Martial Law", the suspension of the employment contract is temporary termination by the employer of providing the employee with work and temporary termination by the employee of the performance of work under the concluded employment contract in connection with armed aggression against Ukraine, which excludes the possibility of both sides of the labor relationship to fulfill the obligations provided for in the labor contract.
To suspend the employment contract, the following conditions must be met simultaneously:
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the employer cannot provide the employee with a job;
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the employee cannot perform the work.
Such impossibility of both sides of the employment relationship to fulfill the obligations stipulated by the employment contract must be absolute.
In the event 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 return to work 10 calendar days before the resumption of the employment contract.
Therefore, if there are no conditions due to which the employment contract was suspended, then you must go to work or resign.
30.05.2023 23:23