Restrictions and suspension of labor rights during wartime

Abstract

The introduction of martial law has posed challenges to people and the state in legally regulating labor relations and ensuring the fulfillment of international obligations undertaken when a person exercises his right to work. In order for restrictions on human rights to be lawful, such restrictions must be necessary in a particular situation and correspond to a legitimate aim. Taking into account the norms of international law, it is determined that during war or a state of emergency in a state, to protect state interests, national security, public health or morals, a country may derogate from its obligations. Restrictions on rights shall be imposed only to the extent required by the gravity of the situation or to apply restrictions established by law and necessary in a democratic society to protect the rights and freedoms of others or to protect state interests, national security, public health or morals. According to the Constitution of Ukraine, the constitutional rights and freedoms of a person and citizen are limited in cases provided for by the Constitution of Ukraine itself. However, absolute human rights are not subject to restriction. The right to work based on the principle of freedom of labor, during martial law, is defined in the following provisions: a person has an inalienable natural, exclusive right to work, which is guaranteed to him by the Constitution both in peacetime and during martial law; the mechanism for exercising such a right is generally prescribed by the Labor Code of Ukraine and is detailed in the legislation of Ukraine; during martial law, the right to work is limited by the Law.
The employment contract may be suspended in connection with military aggression against Ukraine, which excludes the possibility of providing and performing work. Suspension of the employment contract does not entail the termination of employment relations. The employer and employee must, if possible, notify each other of the suspension of the employment contract in any available way. Compensation of wages, guarantee and compensation payments to employees during the suspension of labor in full is the responsibility of the state carrying out military aggression against Ukraine. We can highlight the conditions for the legality of the restriction or suspension of labor rights: the restriction or suspension must occur in accordance with the Law; must have a legitimate purpose; be proportional, i.e. balanced and not cause more harm to personal rights than benefit public interests.