Under martial law, Ukrainian municipalities are facing unprecedented human resource management and employment-related challenges. Situations that seemed theoretical a few years ago are now becoming a painful reality: lack of contact with employees who stayed in the occupied territories, inability to provide work due to damages. All of these issues require legal expertise and the correct approach. U-LEAD organised this event as a response to these challenges, providing municipalities with legal support in complex employment relations issues.
One of the speakers of the event, Serhii Rybalko, Adviser on Decentralisation and Local Self-Government at the Regional Office of U-LEAD in the Poltava Oblast, emphasised the importance of compliance with the law and preventing labour disputes:
“An employee can be dismissed by the employer only on the grounds and in the manner prescribed by the effective laws. In order to avoid labour disputes, comply with all procedures and rules stipulated by the Labour Code of Ukraine.”
Clarification of key legal aspects
At the event, the speakers examined in detail the grounds for dismissal of employees by the employer. According to Clause 6 of Article 41(1) of the Labour Code of Ukraine, the employer is entitled to dismiss an employee if the means of production and other necessary conditions for performing work have been destroyed or lost due to hostilities. However, they emphasised that the employee can only be dismissed if they cannot be transferred to another position with their consent.
Another speaker, Mykhailo Lysykanych, Adviser on Decentralisation and Local Self-Government at the Regional Office of U-LEAD in the Ternopil Oblast, pointed out some aspects of dismissal in wartime:
“Keep in mind that certain categories of employees can be dismissed only in case of the complete liquidation of the enterprise. Each case should be substantiated and executed as prescribed by law.”
Step-by-step dismissal procedure
The first thing to do is to notify employees of the planned dismissal and, if possible, offer them another job. The second step is to inform the Employment Service in case of a mass layoff.
The third is to transfer an employee who has given their consent to another job; the fourth is to dismiss an employee who cannot be transferred. Finally, the fifth step is to provide full payment and issue any necessary documents.
As was also noted, within a year after dismissal, the employee has the right to priority employment if the employer has a similar vacancy open. Furthermore, the employee must be provided with severance pay in the amount of at least the average monthly salary.
Special cases: drafted employees and termination of employment contracts due to death. Dismissing drafted employees granted special protections by the law can be tricky. In cases where an employee has disappeared or died, the employment contract can be terminated on the basis of a death certificate issued by the State Civil Registry Office. Serhii Rybalko spoke about this.
“This U-LEAD event has become a platform for discussing complex legal issues that municipalities face in wartime. Clear explanations, practical cases and recommendations will allow municipalities to make the right decisions and act in accordance with the law. In addition to protecting the employees, this also ensures legal stability in municipalities.”
He also reaffirmed that the U-LEAD Programme would continue to provide support to municipalities, helping them overcome the wartime challenges they might face.
