To the question on the peculiarities of the legal regulation of labor relations in the martial law conditions
Abstract
The peculiarities of legal regulation of labor relations, which are established by the special labor legislation of Ukraine under martial law, have been considered. The labor legislation, aimed at ensuring the realization of the right to work and rest in peacetime, turned out to be unable for objective reasons to regulate such relations in wartime conditions, therefore a separate Law of Ukraine “On the Organization of Labor Relations in Conditions of Martial Law” was adopted.
The individual labor rights of employees, which are limited by legislation during the martial law, have been investigated, and their consequences for both sides of labor relations have been clarified. On the territory of the country, in accordance with the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”, the legislator temporarily limited a number of constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law. The labor rights of Ukrainian citizens to work and to strike, which are provided for in Articles 43-44 of the Constitution of Ukraine, were also limited.
The essence of the concept of “martial law” and its features in terms of regulating labor relations have been clarified. It has been noted that there are no definitions of the categories “state of war” and “martial law” in the national legislation. The scientific views of scientists on this issue have been studied. The provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” have been analyzed with an emphasis on the realization of the right to work during the operation of the country under martial law, in particular the issues of: a) concluding an employment contract; b) termination of the employment contract; c) rest time d) working time.
Ways of improving and supplementing the current labor legislation, which regulates the issue of labor relations of employees of all forms of ownership and types of activity, have been proposed.
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