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Recently, the Verkhovna Rada considered and approved in the first reading the project of the law No. 11044 on conducting inspections of employers under martial law for mobbing.
The publication RBC-Ukraine tells what is known about this draft law and what may change after its final approval and entry into force.
During a full-scale war and constant enemy shelling, not only the country's infrastructure and the production facilities of many enterprises are destroyed, but also the system of organizing and managing business activities (in particular, the normal order of functioning of labor relations) is violated.
In 2023 alone, the State Labor Service and its territorial bodies received 553 complaints about signs of mobbing (harassment). In particular, it refers to the actions of the employer or individual employees of the labor team, which are aimed at degrading the dignity and honor of a person, his professional reputation in the form of psychological and economic pressure (which may even end in dismissal).
According to the explanatory note, the project of Law No. 11044 was developed with the aim of unlocking the possibility of unscheduled measures of state supervision (control) on the issue of mobbing during the legal regime of martial law:
- for employee's statement
- according to the statement of the trade union
We receive a huge number of appeals from the educational ombudsman, from the State Labor Service about massive violations of the rights of employees as a result of mobbing at workplaces, – Grishina said during a speech in the parliament hall.
According to her, mobbing – a very dangerous phenomenon, which consists in the violation of human rights directly in labor relationsand it manifests itself through psychological and economic pressure in order to humiliate a person, lead him to release, etc.
Both men and women suffer from mobbing in the workplace both in Ukraine and throughout the world. Both experienced workers and young workers. This happens both in the public sector and in the private sector, – added the people's deputy.
In addition, the head of the committee Tretyakov reported that The Human Rights Commissioner of the VRU receives numerous appeals from citizens regarding employers' violation of their right to social protection:
- regarding financial support in case of temporary disability
- regarding appointment , calculation and payment of benefits at the expense of mandatory state social insurance funds, etc.
What people's deputies propose to change:
With the help of draft law No. 11044, the people's elected representatives propose to change (revise) part 1 of Article 16 of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”. an executive power body that implements state policy on issues of supervision and control over compliance with labor legislation (i.e., the State Labor Service), as well as its territorial bodies can carry out – at the request of an employee or trade union – unscheduled measures of state supervision (control) over compliance with labor legislation:
- by legal entities (regardless of the form of ownership, type of activity or management)
- by natural persons (who use hired labor)
At the same time, it may be about the following issues:
- detection of informal labor relations
- commitment of mobbing< /li>
- legality of termination of employment contracts
It is worth noting that after the final approval in the second reading and as a whole, as well as the signing of the document by the president, the law will enter into force from the day after its publication.