It is important for managers and business owners to navigate the basic rules of labor law in order to guarantee (declare) compliance with the rights of employees in your company and avoid unnecessary risks regarding the calculation of fines for non-compliance with labor law.  One of the basic processes of personnel administration is hiring and firing an employee. Recently, clients have been turning to me for advice on the procedure for dismissing an employee during martial law. Therefore, we will consider the following questions in this article:

1. Peculiarities of dismissal of employees during martial law. Completion of the procedure for dismissal of an employee in the event of his death or absence from the workplace for unknown reasons.

2. What consequences may arise in case of wrongful dismissal of an employee during this period?

Peculiarities of dismissal of employees during martial law.

The general procedure for filing a dismissal during martial law has undergone some changes, but the basic requirements remain unchanged: proper processing of personnel documentation and timely payment of all compensation payments on the employee’s last day of work. Among the innovations is the obligation to provide the employee with written notice of accrued and paid amounts and copies of the dismissal order.

Grounds for termination of employment relations were also added and their general list slightly updated. Below, you can read a brief description, in particular:

• It is allowed to dismiss an employee at his own will without serving the prescribed two-week period, if there is a risk to his life or health.
• If the employer has experienced the destruction of the enterprise and is unable to provide the employee with work according to the employment contract, he terminates the employment relationship with the employee by his own decision.
• If the employee refuses new working conditions.
• Absence of the employee and information about the reasons for such absence within four months.
• In case of death of the employee or employer-entrepreneur

Recently, in professional groups on the Internet, you can find requests regarding the procedure for the dismissal of employees in the event of their death. Also, in my personal practice, the question of filing a dismissal in the event of an employee’s absence from the workplace for unknown reasons often arises. Let’s take a closer look at how the employer should act in such situations:

Completion of the procedure for dismissal of employees

The client turned to us with a request to provide advice on the actions of the employer in the following situations:

1. In case of death of the employee.
2. Absence of the employee at the workplace for unknown reasons.

My team and I considered these issues in detail and provided the following recommendations:

1. In case of death of an employee: Obtain a death certificate from the relatives of the deceased employee. On the basis of this document, prepare an order to terminate the employment contract with the employee and pay the appropriate compensation payments to his family.
2. In the case of an employee’s absence from the workplace for unknown reasons: Record all days of absence with the help of acts and report notes, call the employee and send registered letters by mail. In the time sheet, mark “NO” – absenteeism for unknown reasons. In this case, the payment of labor and accrual of annual leave days will not take place. If it is not possible to establish contact with the employee within four consecutive months, summarize the list of measures taken and make a decision on further dismissal.

Feedback from the client confirms that the implementation of these recommendations contributed to the successful completion of labor relations with employees.

What consequences can arise in case of wrongful dismissal of an employee?

The legislation provides for a wide range of measures to protect the rights of employees in the event of their illegal dismissal. In particular, they can appeal this decision to the court. If the court recognizes the illegality of termination of employment relations, employers may suffer the following consequences:

1. Imposing a fine on an official in the amount of:

• The first violation – from 34 to 51 thousand UAH
• Repeated violation – from 51 to 85 thousand hryvnias

2. Reinstatement of the employee to the position he previously held with payment of the average salary for the period of forced absenteeism. 

Therefore, if the employer follows the procedure for dismissing employees during martial law, it will ensure that he avoids fines and maintains favorable relations in the company’s staff. Our company also offers services Outsourcing of personnel accounting and will be happy to help you solve any questions related to personnel accounting.

Alyona Sidorkina

https://www.linkedin.com/in/aliona-sydorkina-886114282