Does not correspond to the Constitution: the Council decided to release for relatives in the occupation that is known

Bill 7731 on changes in the Labor Code is also called "collaboration law. " According to the new normative act, employers can punish people for their family in occupation and act contrary to the Constitution of Ukraine, according to experts of the legal publication. MPs have adopted a number of changes to the Labor Code that will affect citizens who, for example, have relatives in the occupied part of Ukraine. According to the new law, they can now be released for it.

But they will not be released, but only those who kept silent and continued to work at strategic enterprises. The details of the new law adopted in the Verkhovna Rada were understood on the portal of the Forensic Newspaper (SUG). The portal analyzed the text of the bill 7731, submitted to the Verkhovna Rada in September 2023.

The adoption of the document was initiated by seven people's deputies from the party "Servant of the People", among them - Galina Tretyakov, who is the chairman of the Committee of Social Policy. On April 25, 2024, the law was adopted as a whole: "For" - 234 votes, "Against" - zero. 185 The votes were given by the "servant of the people", 11 - "Voice", the rest - other factions and groups (except "Motherland" and "European Solidarity").

The innovations for which the people's deputies voted can affect people who for some reason decided not to tell about contacts in the Russian Federation and in the occupied territories. It is not directly stated that they can be released. Instead, it is about "official check" and disciplinary responsibility (removal from work), - said on the portal SUG. However, these innovations are not all right: in general, these two problems relate to Part 1 of Art.

19 of the Constitution stating that "no one can be forced to do what is not provided by law. " That is, if the laws are not clearly stated in the law, but they still perform it, then such actions leads to abuse and violations of the employee's rights. "It can lead to the unlimited interpretation of this rule in law enforcement practice and violation of employees' rights," the authors of the legal publication wrote.

The new law, which is expected to be signed by the speaker and the President, changes in three articles of the Code of Labor Laws (Labor Code). These are Articles 40, 46 and 142. Article 40 will now state that employers receive two more additional reasons for dismissal of the employee. Previously, these reasons were 12: among them - absenteeism, drunkenness, theft and more. Now there is a supplement: Article 46 refers to the reasons for removing from work.

Earlier there were about the appearance of a workplace in a state of narcotic or alcohol intoxication, etc. Now, thanks to the decision of the people's deputies, a new point has emerged - removal at the time of "service check", which will be carried out at a strategic enterprise and at the enterprise of critical infrastructure. Article 142 - on the rules of internal labor regulations. Until April 25, the content of the rules was not regulated.

It is now indicated that citizens are obliged to report that they have "ties" with people living in Russia or in the temporarily occupied territory of Ukraine. Adding several new paragraphs to three articles of the Labor Code has led to employers who can dismiss employees who have "ties" with Ukrainians in occupation. However, the law does not specify that it should be for "relationships", what is a "service check" and how to punish for violations that are not in the legislation.

On the Facebook page, Galina Tretyakova, who was in the group of initiators of the law, there are still no comments and explanations about the innovations in the Labor Code. Also, the event is not commented by the People's Deputy of the Voting faction Yaroslav Zheleznyak: he simply reported the results of the vote. Alexei Goncharenko from the European Solidarity faction responded to the vote. The politician acknowledged that the law is called "the dismissal of employees for collaboration.

" In his opinion, it is not about collaboration, but about the protection of strategic enterprises. "But there are many questions about the formulations in this bill," the People's Deputy wrote. Irina Gerashchenko, a deputy from the party "European Solidarity", reacted to the vote for the bill 7731, - earlier, Focus wrote.