LEAVE AND DISMISSAL OF EMPLOYEES DURING MARTIAL LAW: CLARIFICATION OF THE STATE LABOUR SERVICE
The South-Eastern Interregional Department of the State Labour Service of Ukraine provides clarification on what an employer should do if an employee who has left the territory of Ukraine does not return to work after 90 calendar days of unpaid leave.
Thus, an employee who has used 90 calendar days of unpaid leave pursuant to Article 12(4) of Law of Ukraine No. 2136 ‘On Organisation of Labour Relations under Martial Law’ and is not ready to return to work may choose other types of unpaid leave or resign, for example, at his/her own request or by agreement of the parties.
If an employee refuses to take unpaid leave or resign, his or her absence from work will be recorded as ‘UA’ (unexplained absence) until the issue is resolved.
If the employee does not contact the employer after the end of the unpaid leave on this basis and does not inform about further actions, the employee will be marked ‘NZ’ in the Time Sheet.
Pursuant to Article 36(83) of the Labour Code of Ukraine, an employee's absence from work and the absence of information about the reasons for such absence for more than four consecutive months may result in termination of the employment contract.
It is important to note that an employee's absence due to the need to preserve the life and health of employees and their families is considered a valid reason for absence from work.
