On 14 June 2025, the Law of Ukraine "On Amendments to the Law of Ukraine "On the Organization of Labor Relations under Martial Law" regarding information exchange and suspension of an employment agreement" No. 4412-IX dated 1 May 2025 ("Law") came into force (except for certain provisions that will take effect at a later stage). The Law addresses several gaps in the current legislation, particularly concerning the suspension of employment agreements.
Key changes
- Each party to an employment agreement is now obliged to be available for communication at all times and to promptly (within 10 calendar days) inform the other party of any changes to their contact details. Failure to comply with this requirement should result in the communications sent to the last known contact details being deemed duly delivered. If communication via the last known contact details is not possible, the statutory requirement to provide notices regarding labor rights and obligations, as well as termination/dissolution of the employment agreement, should not apply
- Employers are required to update their contact details in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations within 60 calendar days from the effective date of this Law
- During martial law, an employee whose workplace is located in an area of active hostilities cannot be terminated for absenteeism. However, the period of this absence is not payable and does not count toward the employee's entitlement to annual leave
- Either party can suspend an employment agreement (temporary cessation of the employer's obligation to provide work and temporary cessation of the employee's obligation to perform work), but this suspension cannot exceed 90 calendar days in total during the martial law period (subject to certain exceptions). Upon the expiration of this period, the employment agreement is fully reinstated
- If, following the reinstatement of an employment agreement, the parties are unable to fulfill their respective obligations, the employment agreement should be terminated on the grounds established by law
- If the employer cancels the suspension of the employment agreement, it must provide the employee with 14 days' prior notice of the date on which the employee needs to return to work
Recommendations
We recommend that employers verify the accuracy of their contact details, including postal address, email address and phone number, in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations and update this information if necessary.
