Change in the labor relations organization regarding to the vacations during martial law

On February 24, 2022, the Russian Federation launched a large-scale invasion of Ukraine, as a result of which martial law was imposed in the country. In this difficult time in order to stabilize the country's economy and ensure the important needs of citizens and the military, most business entities continue their work, but this situation definitely affected all spheres of society, including the organization of work, documentary and accounting of labor relations. Many normative documents were introduced in many spheres of society, in particular, on the labor relations organization. Compared to peacetime, the rights of workers have been significantly narrowed, many labor laws have ceased to apply or have changed. These changes also affected the constitutional right to rest – the right of a citizen of Ukraine to receive various types of vacations. Constant changes in the procedure for granting vacations during the martial law caused some confusion among business entities, it became difficult for them to cope with this difficult issue in order not to violate labor discipline.

The purpose of the article is to study the changes in the labor relations organization regarding to the vacations during martial law.

As a result of the analysis of temporary changes made to the labor relations organization during the martial law, and a comparison with the norms of labor legislation in peacetime, it was determined that the process of organizing labor relations was simplified, such a new norm as "suspension of the employment contract" appeared, certain restrictions were removed, at the same time some norms of labor legislation were abolished, in particular regarding holidays and non-working days, certain guarantees and rights of employees were limited. Two types of leave without pay during martial law are defined and a comparison of their duration and grounds for granting is made. The procedure for documentation and tabulation of leave without pay during martial law was studied. Researched and provided recommendations on the procedure for granting vacation, taking into account the changes in the regulatory regulation of labor relations during martial law, namely: the procedure for calculating average earnings; inclusion / exclusion of time from seniority, which gives the right to vacation; removal of holidays and non-working days from the calculation period, the duration of the main vacation, taking into account the changes; inclusion / exclusion of unworked time in the calculation period; inclusion / exclusion of payments in the calculation of average earnings. Applying the recommendations on the procedure for granting vacation and leave without salary during martial law will help employers to correctly issue and calculate vacation pay and not make mistakes during calculations.