By Natali Moss
She noted that it is possible to book a person from the call for half a year, while if the person has left abroad and returned, she will not be renewed for the next period. According to Anishchenko, labor legislation prohibits the dismissal of a person, if he did not appear to work 2-3 three. But there is a mismatch of wartime and the Labor Code. "They cannot be released even if there is information that the employee is abroad and does not want to return.
Because we have war," Kateryna Anishchenko said. She said that athletes, cultural figures and public people could not leave and return. In the event of their dismissal, they can sue and recover. "People suggest challenging the order for dismissal. Because they were evacuated to protect their lives.
And the courts tend to take this position," the lawyer said, and stressed that they could be released for breach of labor discipline, but during the war Preservation of life is unlikely to be considered this. Anishchenko reported that police and prosecutors have exclusions, because there are special laws higher than the Labor Code.
In particular, in the case of failure of these citizens to serve during martial law, it will be considered a violation of the oath and unwillingness to defend the Motherland. Recall that on April 9, Prime Minister Denis Shmigal said that the Cabinet will change the booking system and review the list of critical infrastructure enterprises. According to him, an important fair and rational booking is important.
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