On 14 June 2025, Law of Ukraine "On Amendments to the Law of Ukraine "On the Organisation of Labour Relations under Martial Law" Regarding Information Exchange and Suspension of Employment Agreements" (the "Law") entered into force.
The Law amends Articles 5, 7, and 13 of the Law of Ukraine "On the Organisation of Labour Relations under Martial Law," concerning the termination of employment agreements, the exchange of information between employees and employers, and the procedure for suspending employment agreements under martial law.
The Law introduces the following key updates:
Prohibition of dismissal of employees in areas of active combat operations
- An employee whose workplace is located in areas of active combat operations and who is absent from work shall not be dismissed on the basis of paragraph 4 of part 1 of Article 40 of the Labour Code of Ukraine (for absenteeism).
- The time of absence of such an employee shall not be paid, shall not be counted towards work experience, and shall not entitle the employee to annual basic vacation.
Strengthening of obligations to establish channels of communication between the parties to the employment agreement
- Each party to the employment agreement is obligated to constantly ensure the possibility of communication and immediately (within 10 days) inform the other party about changes in their contact details (address, email, telephone number).
- The employer fulfils this obligation by making changes to the information in the Unified State Register or by sending information to the employee (for individuals who are not entrepreneurs). The employee fulfils this by sending information to the employer's address (or email address) specified in the Unified State Register. If it's impossible to use postal or electronic communications, notification by phone through sending a text message to the employer's official phone number is permitted.
- If one of the parties has not notified the other of a change in its contact details, the other party may continue to send information to the last known address, and this will be considered proper notification.
Changes regarding the suspension of the employment agreement
- Consequences of suspension. It is now clearly defined that during the suspension of an employment agreement, the employer is not obliged to pay the employee's salary, make guarantee and compensation payments (except for amounts owed to the employee prior to the suspension date), or provide working conditions required by law. This includes vacations, days off, temporary disability benefits, etc.
- Term limits. Suspension may be initiated by either party for a total period of no more than 90 calendar days during the period of martial law.
- Extension of term. By agreement of the parties, the suspension period may be extended for more than 90 calendar days, but not longer than until the day martial law is terminated or cancelled.
- Extended notice period for resumption. In case of cancellation of the suspension of the employment agreement, the employer must notify the employee of the need to return to work 14 calendar days (instead of 10, as before) in advance.
- Right to terminate the agreement. The suspension of the employment agreement does not deprive its parties of the right to terminate the employment agreement on grounds specified by law.
- Resumption of the agreement and its termination. Upon expiry of the established suspension period, the employment agreement is resumed in full. If, after resumption, the parties are unable to perform their obligations, such employment agreement is terminated on grounds specified by law.
- Suspension now applies to officials. Previously, the suspension of the employment agreement could not be applied to heads and deputy heads of state bodies, as well as elected officials of local self-government. Now, this exception has been cancelled, and suspension may apply to these categories of employees.
The provision limiting the duration of the suspension shall come into force nine months after the date of entry into force of the Law (i.e., 14 March 2026).
Within 60 days from the date the Law enters into force (i.e., by 13 August 2025), employers and employees must update their contact details if they are outdated.
By Inesa Letych, Counsel, Lesya Vasylenko, Associate, and Anastasiia Motuzka, Junior Associate, Asters
