LEGAL REGULATION OF LABOR RELATIONS DURING THE MARITIME STATE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 48)Publication Date: 2022-04-15
Authors : Halkina Nataliia;
Page : 38-45
Keywords : labour relations; martial law; telecommuting; conscription; strike ban;
Abstract
The scientific article analyses the innovations of labour legislation in order to eliminate existing gaps in the regulation of labour relations in martial law, which can lead to labour disputes. In today's reality, the current Labour Code of Ukraine does not allow to respond quickly to the challenges of the time, its rules are not able to provide flexible regulation of labour relations in martial law, so the Law of Ukraine «On the organization of labour relations in martial law» № 2136 came into force. During the period of martial law, the norms of the Labour Code continue to apply, which were not changed or repealed by Law № 2136. Due to martial law, employers and employees reformat the algorithm of their work depending on the specific circumstances. Yes, some employees can continue to work remotely. The employer may offer employees to take annual basic leave, social leave or unpaid leave for the period of martial law. Attention is paid to reporting the absence of an employee at work, the procedure for exchanging documents for the period of martial law, conscription of an employee for military service or concluding a contract. The issues of introduction of labour service in the conditions of martial law are analysed. The question is raised about the impossibility of dismissing an employee who, at the beginning of hostilities, temporarily left for another country and received refugee status there. A separate issue that needs the attention of both the scientific community and ordinary workers concerns the ban on strikes. The author's edition of part 1 of Art. 24 of the Law «On the Procedure for Resolving Collective Labour Disputes (Conflicts)»: «A strike is prohibited if the termination of work endangers the lives and health of people, national security, the environment or prevents the prevention of natural disasters, accidents, catastrophes, epidemics and epizootics or their elimination».
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