Labor relations during martial law

In the section on labor law, the labor rights of employees and employers, which are understood due to the introduction of martial law on the entire territory of Ukraine, are highlighted. It is emphasized that labor law is a social law, the primary task of which is to balance the interests of employees, employers and the state. Attention is drawn to new legal constructions of dismissal of an employee, changes in essential working conditions, new grounds for terminating an employment contract at the initiative of the employer are outlined, in particular: the employer is given the right to terminate the employment contract at his initiative in the event of an employee's absence from work and information about the reasons for such absence for more than four months, as well as in the event that it is impossible to provide the employee with working conditions, due to the fact that the production, organizational, technical capacities, means of production, or the property of the owner or the body authorized by him, necessary for the performance of the work by the specified employee, were destroyed as a result of hostilities; the procedure for suspending the employment contract is specified; for the period of martial law, certain restrictions provided by the legislation in the field of corruption prevention regarding employment in other paid or entrepreneurial activities are canceled; issues of organization of personnel records and archival storage of personnel documents at the employer, etc. are clarified. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model of legal regulation of labor relations taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that the optimization of labor legislation made it possible to significantly organize the order of interaction between the employee and the employer in the conditions of martial law, to eliminate the potential occurrence of labor disputes in connection with the existing legislative gaps in the regulation of labor relations, and ensured the appropriate level of flexibility of labor relations, which employers need in the conditions martial law.