Suspension of the employment contract is considered legal only if two prerequisites exist simultaneously:
- the employer is unable to provide the employee with work;
- the employee is unable to perform his duties.
At the same time, employers often violate the requirements of the law by suspending the employment contract in the absence of proper legal grounds.
Recently, the Ministry of Economy of Ukraine, by its Order No. 1243 dated March 9, 2023, which entered into force on May 23, 2023, approved the form of the writ on the cancellation of the order (decree) of the employer or the elimination of violations of the labor legislation regarding the employment contract`s suspension. This means that currently, an employee who considers the order on the employment contract`s suspension to be illegal has the right to protect his interests and to cancel the corresponding order (decree) of the employer not only in court but also in the pre-trial procedure.
To implement such a pre-trial procedure, the employee must apply to the State Labor Service of Ukraine with an application on appealing the order on the employment contract`s suspension. The State Labor Service, in turn, after examining the content of the contested order and the grounds for its issuance, may issue a writ obliging the employer to cancel the order (decree) and/or eliminate the violation of labor legislation. The writ must be executed within 14 calendar days from the day of its receipt.
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