Improvement of Legislation to Protect the Rights of Employees with Family Responsibilities under Martial Law

Abstract

The article is devoted to the research of the problems of organizing labor relations under martial law. The attention is paid to the interdisciplinary approach to legal protection of the interests of employees with family responsibilities. It is separately emphasized that in the conditions of Russia's armed aggression against Ukraine, a significant number of internally displaced persons need not only material support from the state, but also the creation of such legal conditions for the realization of the right to work due to they can properly fulfill their family responsibilities. It is emphasized that fact that employees with family responsibilities have more than other social groups of employees the difficult life situations regarding the fulfillment of their family responsibilities in parallel with work duties performed by them during working hours, which according to the current labor legislation of Ukraine, can be increased during the period of martial law. The problem of organizing the labor relations of employees with family responsibilities in the conditions of martial law is analyzed from the standpoint of social security that allows to show the importance of both labor and family responsibilities for citizens. The solution of the analyzed problem is conducted by taking as a basis the key directions of the social policy of the state, which were developed by the domestic legal science.

The research is accompanied by proposals for amendments to the Law of Ukraine «On the Organization of Labor Relations in Martial Law», namely: 1) it is proposed to supplement the Article 6 with part 9 with the following content: «9. At the critical infrastructure facilities (in the defense sector, in the sphere of ensuring the livelihood of the population, etc.) for employees with family responsibilities who independently care for a minor child and/or an incapacitated family member who needs outside care, an increase in the duration of working hours implemented simultaneously with the employer taking measures to organize proper care for such family member»; 2) The part 1 of the Article 8 is proposed to be worded as follows: «1. During the period of martial law, the following persons are not involved in night work without their consent: pregnant women and women with a child under one year of age, employees with family responsibilities who independently take care of a minor child and/or disabled family member who needs outside care, persons with disabilities, for whom such work is contraindicated according to medical recommendations».