Will volunteers in local community volunteer units (LCVUs) be left without their average earnings from their place of employment?

Will volunteers in local community volunteer units (LCVUs) be left without their average earnings from their place of employment?

Will volunteers in territorial community volunteer formations (TCVFs) be left without their average earnings at their place of work?
July 1, 2022: The Law “On Amendments to Certain Laws of Ukraine Regarding the Optimization of Labor Relations” (Bill No. 7251) has been sent to the President for signature.
https://itd.rada.gov.ua/billInfo/Bills/Card/39366
This law, among other things, amends Part 3 of Article 119 of the Labor Code, pursuant to which the provision regarding the preservation of average earnings at the place of employment for employees during conscription into military service has been removed from the text of this article.
It is my firm belief that these amendments cannot apply to members of the Territorial Defense Forces (TDF), as a component of territorial defense, since TDF volunteers are subject to Part 1 of Article 119 of the Labor Code, not Part 3, which is being amended by Bill No. 7251.
Part 1 of Article 119 of the Labor Code reads as follows: “For the duration of the performance of state or public duties, if under the current legislation of Ukraine such duties may be performed during working hours, employees are guaranteed job security (retention of their position) and their average earnings.”
The current version of this article remains unchanged as of today.
Thus, a citizen who is a volunteer in a territorial community’s volunteer unit—a paramilitary unit formed on a voluntary basis and designated to participate in the preparation and execution of territorial defense tasks—can be considered a citizen performing a public duty.
Therefore, I advise volunteers in territorial communities to be attentive and cautious when dealing with their employers, as the latter may exploit such changes to avoid paying the average earnings.




Author: Andriy Yosipov

Source: Barristers Facebook

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