06 April 2022

Volodymyr Pospolitak, professor of business law and practicing lawyer talked about the war-related changes to the labor legislation. He commented on the Law of Ukraine “On Labor Relations under the Martial Law” which came into effect on 24/03/2022. This Law covers labor issues for all organizations and individuals during wartime. In particular, he mentioned:

- The Law stipulates special rules rather than the legal and regulatory framework. The Labor Code, the Laws of Ukraine “On Vacations”, “On Remuneration of Labor”, and “On Trade Unions”. The new law prevails if there is any discrepancy. 

- Try to keep in contact with employees with who you did not sign the agreement yet. In such a case the transition to the normal life after war won’t stress your organization too much. 

- My advice is to be very precise in differentiating between mandatory and recommended norms. When you look attentively at those issues, the Law looks very different. 

- The Law helps you to hire a person without firing the employees who are working at that position. Unfortunately, people disappear during the war. In such cases, if you keep records, you can claim compensation from the aggressor. 

Note: Dr. Volodymyr Pospolitak is a professor of commercial law and the head of the Humanities department of the International Management Institute “MIM-Kyiv”. He is also the head of the Arbitration Court of the PARD, the association of the financial markets professional participants, and a member of the Expert Council of the Deposits Guarantee Fund.