1. New Procedure for Dismissing Employees in Combat Zones

Article 5, Clause 3 establishes that employees whose workplaces are located in active combat zones cannot be dismissed for absenteeism (as per Part 1, Article 40, Clause 4 of the Labor Code of Ukraine). The period of absence is unpaid and is not included in the length of service that grants the right to annual leave. This innovation aims to protect employees who are objectively unable to perform their duties.

2. Organization of Record-Keeping and Accounting

Article 7, Clause 1 has been clarified: in combat zones, the employer independently determines the procedure for record-keeping and document storage, provided that accurate records of employees’ work and labor costs are maintained. This allows employers to flexibly adapt their document workflow procedures.

Communication Obligation

Article 7, Clause 3 introduces an obligation for each party to the employment contract to ensure the possibility of communication and to report any change in contact details within 10 days. Failure to comply with this requirement gives the other party the right to communicate using the last known contact details (Article 7, Clause 4).

3. Suspension of the Employment Contract

The new version of Article 13, Clause 1 provides for the suspension of an employment contract at the initiative of one of the parties for up to 90 days, with the possibility of extension by mutual agreement until the end of martial law. During the suspension, the employer does not pay wages, compensation, or other payments, except for amounts accrued before the suspension date. The employer is obliged to notify the employee of the resumption of the contract 14 days in advance.

Importantly, after the suspension period ends, the contract is automatically resumed. If it is impossible for the employee to perform their duties, the contract may be terminated. It is also stipulated that orders for suspension exceeding 90 days without the parties’ consent will become invalid (this provision will enter into force on March 14, 2026).

4. State Supervision and Control

The new version of Article 16 allows for unscheduled state supervision measures (inspections) based on applications from employees or trade unions, now also covering issues of mobbing (bullying). It is important to note that inspections regarding mobbing cannot be conducted simultaneously with other inspections (this provision will enter into force on October 1, 2025).

Practical Recommendations for HR Professionals

1. Update internal document workflow procedures, including the storage of electronic and paper documents in combat zones. Ensure the reliability of timekeeping and labor cost accounting.
2. Develop a communication algorithm, including templates for notifying about changes in contact details and confirming their receipt. Ensure you have up-to-date employee contacts and make timely changes to your records.
3. Carefully monitor the terms of employment contract suspensions, especially in the context of the 90-day limit. Ensure that additional agreements are properly executed if the term is extended by mutual consent.
4. Prepare employees for potential unscheduled inspections, particularly concerning mobbing issues. Conduct awareness campaigns on acceptable forms of communication and how to prevent violations.