What to do with an employee who cannot leave the occupied territory for work due to the lack of green corridors?

Labor Law
25.05.2022
Law Services - What to do with an employee who cannot leave the occupied territory for work due to the lack of green corridors?

⚠️The employer has no right to force the employee to write a letter of resignation.
The employee writes any statement only at his own request. In general, a “statement” is the result of the will of the person signing it.
What to do to the employer
To issue an order to change significant working conditions, namely the transfer of the employee to another location on the basis of Part 1 of Art. 32 of the Labor Code.
Notify the employee (for example, send a scanned copy of the order from the company’s official email to the employee’s email).
Obtain consent or disagreement with the employee for the transfer.
The norm of notifying an employee about a change in significant working conditions for 2 months does not apply in martial law in accordance with Part 2 of Art. 3 of the Law of 15.03.2022 № 2136-IX.
In this case, there are 2 options:
The employee does not agree
the employment contract is terminated under paragraph 6 of Art. 36 of the Labor Code in accordance with Part 4 of Art. 32 of the Labor Code + severance pay is paid in the amount of not less than the average monthly earnings (Article 44 of the Labor Code)
The employee agrees to the new working conditions, but objectively cannot come to the new job due to the lack of green corridors
such absence of an employee at work qualifies as non-appearance for other reasons. Since the Chamber of Commerce and Industry of Ukraine has witnessed force majeure: military aggression of the Russian Federation against Ukraine (according to the letter of the CCI from 28.02.2022 № 2024 / 02.0-7.1),
the employee has good reasons for not coming to work
the reason for the absence is valid
the employer cannot dismiss for this
The employer and the employee have no right to suspend the employment contract in such a situation, as according to the explanation of the Ministry of Economy dated 23.02.2022 for this purpose it is necessary:
the absolute impossibility of providing by the employer – this does not arise.
absolute impossibility of the employee to perform the relevant work
The Ministry of Economy indicates in its explanation of March 23, 2022 that the employee can be provided with:
paid leave
leave without pay during martial law on the basis of Art. 26 of the Law on Leave without limitation for 15 days in accordance with Part 3 of Art. 12 of the Law № 2136
“Quarantine” unpaid leave.