The legal basis for transferring an employee to another job without his consent

In connection with the difficulties of conducting business, the Department of the State Labor Service published an explanation, in which it was noted that during the period of martial law, the norms of the third part of Article 32 of the Code of Labor Laws of Ukraine and other laws of Ukraine regarding the employee's notification of a change in essential conditions labor is not used.

Also, the Department noted that such issues are currently regulated by Article 3 of the Law No. 2136-IX "On the Organization of Labor Relations in Martial Law". According to the article, during the period of martial law, the employer has the right to transfer the employee to another job, not stipulated by the employment contract, without his consent.

To carry out such a transfer at the initiative of the employer, the following conditions must be met:

1. the transfer is carried out exclusively for the performance of work aimed at averting or eliminating the consequences of hostilities, as well as other circumstances that pose or may pose a threat to people's lives or normal living conditions;
2. the transfer is not carried out to another area where active hostilities are ongoing (for transfer to another area where active hostilities are ongoing, the consent of the employee is required);
3. the salary for the work performed is not lower than the average salary for the previous job.

Thus, employees can be warned about a change in essential working conditions immediately after the employer makes a corresponding decision about such a change, but no later than admission to work with changed working conditions.