On July 7, 2014 the
Ministry of Labour and Social Policy of Ukraine (hereinafter, the Ministry of
Social Policy) published its Letter No.7302/3/14-14/13[1] (hereinafter, the
Letter) emphasizing the need to protect the labour rights of employees in
connection with their stay in the anti-terrorist operation area (hereinafter,
the ATO). Thus, according to the Letter, dismissal of employees who move from
the ATO area or remain in that area but cannot go to work because of the hazard
to their life and health is unacceptable. The absence of such employees in the
workplace is not absenteeism within the meaning of Paragraph 4 Article 40 of
the Labour Code of Ukraine, but “absence due to valid reasons,” which is due to
the preservation of life and health of such employees and their families. Such employees
shall remain employed. At the same time, the Ministry of Social Policy
recommends that such employees, at their request, shall be given a paid or
unpaid leave, which shall be provided on a mandatory basis in cases stipulated
by law, as well as a leave without pay upon the parties’ agreement.
[1] Letter of the Ministry
of Labour and Social Policy of Ukraine "On preserving the jobs of employees
moved from the areas of anti-terrorist operation or remaining in such areas" dated
08.07.2014.
No comments:
Post a Comment