FEATURES OF LEGAL REGULATION OF LABOR RELATIONS REGARDING THE SUSPENSION OF EMPLOYMENT CONTRACTS UNDER MARTIAL LAW

Abstract

The article analyzes the essence of labor relations, which form the foundation of societal life. It is established that within the framework of labor relations, individuals meet their needs and create material goods, while the state is obliged to ensure decent working conditions for the development of these relations. The impact of the martial law introduced in Ukraine on the organization of labor relations is determined through the adoption of the special Law of Ukraine No. 2136-IX "On the Organization of Labor Relations under Martial Law." The priority application of the provisions of this law during the period of martial law, compared to the Labor Code of Ukraine, is analyzed, with the latter applicable only to the extent that it does not contradict the provisions of the law. The study explores a novelty in labor relations — the suspension of an employment contract, which is temporary, does not entail the termination of labor relations, and may be initiated by either the employee or the employer, with the mechanism of suspension depending on the initiator. The main conditions for suspending an employment contract are examined. Additionally, the article conducts a comparative analysis of the normative regulation of the institution of employment contract suspension in the legislative acts of the Republic of Moldova, the Republic of Lithuania, the United States, Norway, Germany, and other countries, identifying different approaches to the use of suspension mechanisms depending on the legal system and economic conditions. A review of national judicial practice concerning cases of employees challenging orders on the suspension of employment contracts is conducted, and proposals are made for improving labor relations under modern conditions, taking into account the interests of employees during martial law and post-war recovery, through the introduction of effective mechanisms and their codification in the Labor Code of Ukraine.

Keywords: martial law, employees, labor, suspension of employment contract, employee rights, legal relations, employers. Employment contract, labor legislation, labor rights, labor relations.