By Victor Duda
New changes are made to Article 41 of the Labor Code (Labor Code). The employer may dismiss the employee if he is not able to ensure his / her work after destruction (absence) of production, organizational and technical conditions, means of production or property as a result of hostilities.
"The proposed changes eliminate some conflicts of labor legislation and establish that the termination of the employment contract in accordance with paragraph 6 of Part 1 of Article 41 of the Labor Code is carried out without the prior consent of the elected body of the primary trade union organization (trade union representative)," the Ministry explained. The employer must have evidence of inability to provide a person with work.
These can be technical inventory documents, which certify the fact of destruction of property, certificate from the bodies of internal affairs of Ukraine, the act on fire and conclusions of other institutions. If the employer decides to terminate the employment contract in accordance with the above conditions, the employee is subject to the payment of severance pay of at least the average monthly wage.
"At the same time, a collective or employment contract may establish higher guarantees on the amount of severance pay," the Ministry of Economy noted. Focus earlier wrote that due to a full -scale war with the Russian Federation, state statistics bodies cannot conduct accurate studies of the labor market. In May this year, focus conducted a survey and found that more than half of Ukrainians lost about 50% of their income.
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