ОБМЕЖЕННЯ ПРАВА НА ПРАЦЮ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article is devoted to highlighting the current problems of ensuring the right for work under martial law and the limits of its limitation. The list of admissible limited rights during martial law within the limits of temporary restrictions is determined by a special law, which is the main supplement for fully ensuring a person’s right for work. The right to work in peacetime is ensured by the stated obligation of the state to create equal and free conditions for all citizens to fully exercise the right to work. This right is revealed through the basic principles of labour law, such as voluntariness, freedom of labor, prohibition of forced labour and non-discrimination in the field of labour. The permissible list of restricted rights during martial law, within the limits of temporary restrictions, allows the use of labour resources of enterprises, institutions and organizations of all forms of ownership for the needs of defense, to change their work regime, to carry out other changes in production activity, as well as working conditions in accordance with the legislation on labour and provides for the possibility of introducing work obligation for able-bodied persons. Compulsory labour is used as a type of socially useful work in wartime conditions. Limiting the right to work during wartime limits the right of every worker and women, as a special category of workers, to proper, safe and healthy working conditions. Ukraine promised, in its international obligations, not to apply any form of forced or compulsory labour to people in the labour field. Involvement of people in socially useful work in the form of compulsory labour or other restrictions in the field of labour organization and provided for by the law cannot be considered forced labour. Limiting the right to work, during martial law is allowed to transfer an employee to a job that goes beyond his job duties and without the consent of the same employee. However, such a transfer is not allowed to an area where active hostilities are ongoing. The right of a person to a salary not lower than the amount determined by law is partially preserved. However, the right of a person to timely receipt of remuneration for work is limited. Temporary restrictions on the right to work are a right and not an obligation of the employer. Key words: martial law, right to work, restrictions on the right to work, labour obligation, freedom of work during martial law, forced labour during martial law.