How can an employer keep jobs if there are no work to do?

Because of the war, many people in Ukraine have lost their jobs or are unable to perform their duties because of constant bombardments. Most employers understand the conditions in which workers are now and are trying to keep their jobs and not fire workers. In this article, we will describe options for saving jobs if the company has no money to pay wages.

Part-time work can be implemented

You can implement part-time work on the basis of Article 56 of the Labor Code of Ukraine.
There are three possible variants:

• part-time working day,
• part-time working week,
• a combination of a part-time working day and a week.

Part-time work can be arranged for one employee or for the entire company. The worker or the employer can initiate a reduced working day or week.
The law does not limit the number of hours to which a working day can be shortened. Instead of 8 working hours, a working day can be shortened to 1 hour, and a working week can be shortened to 1 working day. Pay for a shortened work day or week is calculated in proportion to the working hours, or may depend on the output.

If an employee refuses to work under the new conditions, the employer has the right to fire him under Article 36 Part 1 Paragraph 6 of the Labor Code.

Implementing Idle time for workers

We have already written about idle time more than once, but we will do it again. Idle time can be imposed on the entire company, a separate division, or even on individual employees. The law does not limit the period for which an employee can be sent on idle time.
During idle time, employees must be paid at least ⅔ of the wage rate or their salary. It is also possible to pay the employee his or her average salary if he or she wished.
If the employment contract provides for the payment of average wages to an employee during idle time not through his fault, and the company has no money for such payment, then during martial law the company may cancel the conditions of the employment contract and pay ⅔ of the salary. Such changes will not be considered as a breaking the law.

Sending employees on vacation

Employees can be sent on basic annual paid leave of no more than 24 calendar days. If an employee is qualified for more than 24 days of leave, they can use the rest of the days after the war.
If an employee is eligible for additional annual leave, child care leave, or other paid leave, there are no limitations on their use.
Unpaid leave of absence during martial law may be given without limitation of 15 calendar days. The main thing is that the initiator of such leave must be the employee.
It is illegal to force an employee to take such a leave. It also does not matter if there is military action in the territory, where your company is located.

To suspend the labor contract

Article 13 of Law #2136 provides the possibility to suspend the employment contract due to the war in Ukraine. It means that the employer temporarily stops providing the employee with work and the employee temporarily stops working. Both the employer and the employee can initiate the suspension of the employment contract. The main thing is to inform the other party in any convenient way.
When the employment contract is suspended, the employer does not keep the employee's job and does not pay the employee's average wage. Also, the employee is not allowed to receive any compensation payments.
Law #2136 provides that after the war, the aggressor country will compensate wages and other payments for the period of suspension, but it is not known how exactly this will be handled in fact.