The full-scale military invasion of the russian federation into the territory of Ukraine and armed aggression affected labor relations. Many companies have decided to relocate their businesses and evacuate workers to a safer place in the western part of our country.
The program for temporary relocation of enterprises from the affected regions is underway. The program aims to preserve the production and labor potential of Ukraine and is aimed at all enterprises wishing to relocate production to the western part of Ukraine. The authority to implement the program is vested in the Ministry of Economy of Ukraine.
To apply for the program, you need to fill out the form at the link: https://cutt.ly/9SUFVK5.
The program provides the creation of conditions to ensure free relocation to the place of a temporary relocation, selection of appropriate areas for production, relocation and resettlement of personnel, and selection of employees at the location after relocation.
Any company can apply. However, priority is given to strategic enterprises and companies that produce essential goods.
Enterprises can move to nine regions: Zakarpattia, Lviv, Ivano-Frankivsk, Ternopil, Khmelnytsky, Chernivtsi, Vinnytsia, southern Volyn and Rivne.
Transferring to another job at the same company and moving to work at another company, institution, organization, or another place with the company is allowed only with the employee’s consent.
Is it possible in martial law to transfer an employee to another job without his consent? Yes, to prevent or eliminate the consequences of hostilities and other circumstances that pose or may endanger people’s lives or normal living conditions. In this case, the salary is not lower than the average salary for the previous job.
Therefore, if the option of moving suits, we move on to its documentation. The employee agrees to the transfer in the form of a written application. The employer issues an order and makes an entry in the employment record book.
Employees have certain guarantees and compensations when moving to another location. Such employees are paid:
Suppose an employee does not come to work or refuses to work without a reasonable reason cause or resigns. In that case, he is obliged to return the money paid to him in connection with moving to another location, except for the cost of travel and transportation of property, and per diems during the trip.
Please note that for the period of martial law, the employer has the right to decide to change significant working conditions without notifying the employee the day before two months. The employer can change necessary conditions, even one or two days before introducing such changes.
Before agreeing to the transfer to another ob, it is necessary to talk in advance if there will be changes in the system and the amount of wages, benefits, working hours, etc. That should be done to have unexpected things in the new job.
The employee may refuse the transfer due to personal circumstances (unwillingness to move to another region, leave their home, inability to leave family members or ensure their relocation, etc.). What to do in this case?
The refusal of the employee to transfer to another location together with the enterprise, institution, or organization is the basis for termination of the employment contract, i.e., dismissal.
But you can consider other options for further work of the employee.
If the specifics of the work and the situation in the region where the employee lives, you can choose remote or work from home. The vast majority of such forms of employment apply to accountants, lawyers, IT professionals, marketers, and more – the specialists who can work outside the office or production facilities of the enterprise. However, in a state of war, safety and the absence of threats to life and health are paramount when choosing a job.
In the case of remote or work from home with the employee, it is advisable to renegotiate the employment contract for remote/work from home according to the standard form approved by Order № 913-21 of 05.05.2021.
Relocation of workers requires both documentation and resources for the actual transportation of equipment, technical means for work, and relocation of workers.
The state program of temporary relocation allows to relocate enterprises to safer regions, provide appropriate means of transportation and establish logistics.
When relocating an enterprise, it is necessary to assess the current situation in the region where the relocation is planned, the situation at the current place of employees stay, and the transportation route.
Author of the material:
Iryna Syroid, attorney at Trustme Law Firm