Wednesday, August 13, 2014

Ukraine: Failure to appear at workplace in the ATO area due to hazard to life and health

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.

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