LEGAL REGULATION OF SUSPENSION OF THE EMPLOYMENT CONTRACT

Abstract

The article is devoted to the mechanism of legal regulation of the suspension of the employment contract as a new legal fact, which was forced to be introduced into the legislation due to the armed aggression of the Russian Federation against Ukraine. The study highlights the content and signs of suspension of an employment contract, provides clear criteria for distinguishing between idle time, suspension of an employment contract and termination of an employment contract due to the lack of production, organizational and technical conditions for work. The authors conclude that suspension can be applied only if the employer cannot provide the employee with work, and the employee cannot perform it at the same time, due to the existing risk to life and health as a result of armed aggression. This ground clearly distinguishes suspension from other suspending legal facts, which are listed in the Draft Labor Code of Ukraine. Other peculiarities of the procedure for suspension of the employment contract are investigated, such as: territorial spread of this provision, the range of subjects to which it can be applied and the limited application of this procedure in time. The procedure of personnel procedure for suspension of the employment contract is regulated, the peculiarities of notification of the parties and the procedure for appealing against the employer’s actions in case of disagreement of the employee with the suspension of the employment contract are highlighted. The specifics of compensation by the aggressor state of the average wage and a single insurance premium, with the subsequent possibility of crediting the period of suspension to the employee’s insurance experience, are determined. The peculiarity of the judicial process is that each employee must apply to the court individually, and decisions in such cases will be enforced under private international law with the involvement of international institutions at the expense of the seized property of the Russian Federation both in Ukraine and in any other country.