Yesterday, the Verkhovna Rada of Ukraine approved in the second reading a bill, which will allow employers to dismiss employees for default about their relationships with people in the occupied territories or in the Russian Federation.
Employers will have a new basis for the dismissal of employees - failure to notify the employees of the employer with information on the available links with individuals who are in the temporarily occupied territory of Ukraine. Thus, the People's Deputies of Ukraine voted as a whole as a law of law 7731 on amendments to the Labor Code of Ukraine on establishing additional grounds for termination of the employment contract on the initiative of the employer and some other issues. The bill was registered in 2022 by a group of people's deputies from the faction "Servant of the People".
This Law of Part 1 of Art. 40 of the Labor Code is supplemented by the new grounds for termination of the employment contract by the employer. In addition to the entry into force of a court with the sentence of which the employee was convicted (except for release from serving a sentence) for committing a crime against the basics of national security of Ukraine, the basis for dismissal will also be a non -compliance with the employee of the rules of conduct at the enterprise, institution, organization in part of the provisions provided for in Article 142 of the Labor Code.
In turn, in the new version of Article 142 of the Labor Code will determine that a component of the rules of internal labor regulations may be rules of conduct at the enterprise, institution, organizations containing provisions, in particular, about:
-provision of information to the employees on their individuals, the place of permanent residence (stay, registration) of which is located in the territory of the aggressor state or the temporarily occupied territory of Ukraine;
-obligation of employees about non -disclosure of restricted information, including information that is state or commercial secrecy, as well as the conditions of work with confidential information.
Establishment of rules of conduct at enterprises, institutions, organizations of strategic importance for the economy and security of the state and/or objects or operators of critical infrastructure is mandatory.
However, as noted in the HUU BP, the absence of a legally established procedure for bringing an employee to disciplinary responsibility for committing the offense specified in the project, as well as the powers of the employer to carry out the proper investigation, does not meet the prescriptions of Article 19 of the Constitution of Ukraine, and therefore may not be disagreeable.
The Law also provides for the amendment of Article 46 of the Code with a new basis for removing the employee from work by the employer, namely: "conducting an official inspection by the employer, which is attributed to the list of state -owned objects of strategic importance for the economy and security of the state,/or objects or objects or operators of critical infrastructure."
However, as the Verkhovna Rada noted, the Labor Code does not define the term "service check", and the project does not specify specific issues, the employer's verification of which can be conducted and the result of removing the employee from work.
