In conditions of martial law, employers are faced with new challenges, in particular, the organization of work during an air raid. Not only the safety of employees, but also the avoidance of possible fines for violating labor laws depends on the correct actions of the company's management. Let's consider how to properly draw up documents, organize the process and ensure payment for labor during an air raid.
How is wages regulated during an air raid?
According to Article 113 of the Labor Code of Ukraine, if an employee cannot perform his duties through no fault of his own, such a period is considered downtime. Air raid alert is one of those unforeseen situations when a person is forced to leave the workplace for the sake of his safety.
The State Labor Service of Ukraine (SLSU) also provided relevant clarifications, confirming that: if an employee is in shelter during an alarm and is unable to work, this time is considered downtime through no fault of the employee.
Pay options during an emergency
The employer has several options for paying for the employee's time in shelter:
1. Payment as idle time
This option is directly provided for by law. In this case, payment is made in the amount of at least two-thirds of the employee's tariff rate or salary.
2. Payment as working time
The State Labor Service also recommends an alternative approach - to pay for this time as regular working time. In many cases, this is the most convenient option, since it is difficult or impossible to declare a simple official order at the moment of the air raid.
This approach also avoids confusion in timesheets and avoids employee complaints or inspections by labor inspectors.
What documents do I need to prepare?
To avoid fines, the employer must ensure that the algorithm of actions in the event of an alarm is properly documented:
1. Procedure during an alarm
This is an internal regulatory document that must be developed, approved, and brought to the attention of all employees.
The document must state:
- A clear algorithm of actions for employees when an «Air Alarm» signal is received.
- Location of the nearest shelters.
- Evacuation procedure.
- Conditions for returning to the workplace after the "Hang up" signal.
2. Employee orientation
All employees must be officially familiarized with this document and signed. In addition, it is advisable to place the Procedure in visible places (for example, on stands) so that it is always accessible.
3. Internal order/instruction
To legalize the payment mechanism (downtime or working time), it is advisable to issue an order from the head of the enterprise, which fixes the chosen option.
Why is this important?
Incorrectly scheduling an air alarm or ignoring instructions can lead to:
- administrative fines for the enterprise;
- complaints of employees to the State Labor Service;
- violation of labor rights;
- risks to workers' lives due to lack of instructions.
Better conditions can be set
The employer has the right to establish more favorable conditions than those prescribed by law.
For example:
- maintain the average earnings of employees during the alarm period;
- provide additional paid hours;
- Consider shelter time as working time regardless of the circumstances.
Such decisions must be enshrined in a collective agreement or other internal document.
Therefore, working during martial law requires enterprises to be flexible, responsible, and accurate in document preparation. Proper organization of processes during an air raid is not only a duty to employees, but also a way to avoid fines and problems with regulatory authorities.
Kadrovik.UA