WORKING IN WAR: THE MAIN CHANGES IN LABOUR RELATIONS AND WORKING CONDITIONS UNDER MARTIAL LAW IN UKRAINE
Summary: 1. Introduction. – 2. Labour Code of Ukraine or the Law “On the organisation of labour relations in martial law”: the scope of acts during martial law. – 3. Features of labour relations and working conditions in the period of martial law in Ukraine. – 4. Statistical data. – 4.1. Statistics on Ukrainians who left Ukraine during the war in search of work and security. – 4.2. Statistics on Ukrainians who have remained in Ukraine and are looking for job. – 5. Conclusions.
Abstract
Background: Maintaining labour regulations and the quality of working conditions is a considerable challenge during wartime and martial law. This paper outlines the changes that have affected the working life of employees who continued in employment, both inside and outside Ukraine, under martial law in 2022. Using a qualitative analysis of Ukrainian labour regulations, ILO and Ukrainian government statistics, and direct observation, we show how the legal regulation of labour relations and working conditions has changed under the influence of active hostilities. During the war in Ukraine, many employees started to work remotely, and some companies have relocated their production facilities to areas where there are no active hostilities and continue to operate. At the same time, the legal regulation and nature of labour relations and the quality of working conditions have changed significantly - yet regulations have failed to keep up with the levels of flexibility and timeliness required to respond effectively in the ongoing crisis.
Methods: In order to achieve objective scientific results, the authors used such methods as analysis and synthesis to understand and build a logical chain of ideas. The authors used the statistical method to emphasise their positions with real data regarding the situation that developed in practice.
Results and Conclusions: We draw conclusions regarding the problems of employees implementing their labour rights during wartime, identify applied aspects of labour law in wartime conditions, and propose ways to improve the situation regarding the implementation of labour rights.
About Authors
Oleh Yaroshenko
Dr. Sc. (Law), Professor of the Department of Labour Law of Yaroslav Mudryi National Law University, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Kharkiv, Ukraine
yaroshenkolex@ukr.net
https://orcid.org/0000-0001-9022-4726
Corresponding author: responsible for investigation and formal analysis, writing the text. The manuscript is accurate and agreed by both co-authors.
Olena Lutsenko
Cand. of Science of Law (Equiv. Ph.D. in Law), Associate Professor of the Department of Labour Law of Yaroslav Mudryi National Law University, Kharkiv, Ukraine
o.ye.lutsenko@nlu.edu.ua
https://orcid.org/0000-0001-9357-8546
Co-author: responsible for data collection and writing. Competing interests: Any competing interests were included by both co-authors.
Disclaimer: Both authors declare that their opinions and views expressed in this manuscript are free of any impact of any organisations.
Translation: The content of this article was translated with the participation of third parties under the authors’ responsibility.
Funding: The authors received no financial support for the research, authorship, and/or publication of this article. The Journal provides funding for this article publication.
Managing editor: Dr. Serhii Kravtsov. English Editor – Lucy Baldwin.
Copyright: © 2022 Oleh Yaroshenko, Olena Lutsenko. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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Oleh Yaroshenko, Olena Lutsenko ‘The Working in War: Main Changes in Labour Relations and Working Conditions Under Martial Law in Ukraine’ 2022 4-2(17) Special Issue Access to Justice in Eastern Europe 139-155. https://doi.org/10.33327/AJEE-18-5.4-a000466
