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DOI: https://doi.org/10.34069/AI/2023.63.03.24
How to Cite:
Miroshnychenko, O., Nelipa, D., Kotova, V., Lazarenko, A., & Sokorynskyi, I. (2023). Transformation of labour relations in the
field of education during military conflicts (International experience). Amazonia Investiga, 12(63), 254-265.
https://doi.org/10.34069/AI/2023.63.03.24
Transformation of labour relations in the field of education during
military conflicts (International experience)
Трансформація трудових правовідносин у сфері освіти в умовах воєнних конфліктів
(Міжнародний досвід)
Received: March 12, 2023 Accepted: April 20, 2023
Written by:
Oksana Miroshnychenko1
https://orcid.org/0000-0002-0181-0879
Dmytro Nelipa2
https://orcid.org/0000-0002-5363-3990
Victoria Kotova3
https://orcid.org/0000-0003-2046-2635
Alla Lazarenko4
https://orcid.org/0000-0003-3808-6711
Iurii Sokorynskyi5
https://orcid.org/0000-0002-8907-9880
Abstract
Ongoing military conflicts necessitate changes in
the regulation of labor relations in the education
sector. Normal labor laws are partially
disregarded during this period due to special
wartime acts. Many education workers and
students, who have become refugees, are seeking
employment and opportunities to continue their
education. Host countries should make effective
decisions to improve labor relations in this field.
The research employed forecasting, observation,
and legal modulation as methodological tools.
The EU aims to integrate Ukrainian education
workers, including refugees and those seeking
legal protection, into the education systems of
member states. Efforts are made to simplify
employment procedures, recognize professional
qualifications, and offer additional educational
specializations. Poland's experience
demonstrates the possibility of swift
development and implementation of legislative
initiatives to employ Ukrainian education
workers in Polish institutions. The Polish
1
PhD of Law Science, Associate Professor of the Department of Theory and History of the State and Law, Constitutional Law,
Academy of the State Penitentiary Service, Chernigiv, Ukraine.
2
Doctor of Political Sciences, Deputy Dean for Educational Work, Department of Political Science, Faculty of Philosophy, Taras
Shevchenko National University, Kyiv, Ukraine.
3
PhD of Law Science, Associate Professor of the Department of Criminal Procedure and Criminology, Faculty № 1, Donetsk State
University of Internal Affairs, Kropyvnytskyi, Ukraine.
4
PhD of Law Science, Associate Professor of the Department of Criminal, Criminal-Enforcement Law and Criminology, Academy
of the State Penitentiary Service, Chernigiv, Ukraine.
5
Doctor of Law Science, Professor of the Department of Tactical and Special Training, Academy of the State Penitentiary Service,
Chernigiv, Ukraine.
Miroshnychenko, O., Nelipa, D., Kotova, V., Lazarenko, A., Sokorynskyi, I. / Volume 12 - Issue 63: 254-265 / March, 2023
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National Agency for Academic Exchange
(NAWA), functioning as an ENIC-NARIC
center, facilitates recognition and
internationalization of higher education,
assisting with the recognition of Ukrainian
qualifications in Poland. Poland's legislative
initiatives in transforming labor relations in the
education sector amid the conflict in Ukraine can
serve as an example for other nations. Ukraine
has developed and implemented necessary
components of legal regulation for labor relations
in the studied area during martial law.
Keywords: workers’ rights, integration of
refugees, educational processes, recognition of
qualifications, pedagogical innovations, martial
law.
Introduction
Military conflict has serious consequences for
the survival of the civilian population, as well as
for the future of the country as a whole (Levy &
Leaning, 2022). A military invasion causes a
huge migration of citizens to other countries
(Kopeć, 2022). The number of refugees may
increase regardless of the developments on the
front line. This poses certain challenges for state
services and institutions of countries that host
refugees (Duszczyk & Kaczmarczyk, 2022).
First of all, host countries need to take care of the
basic physiological needs (food and sleep) of
refugees. The next step is to ensure safety and
security. This implies no poverty or scarcity. A
necessary further step is a stable and relatively
predictable social environment in which a person
or group can achieve their goal without hindrance
(Ociepa-Kicińska & Gorzałczyńska-Koczkodaj,
2022). Refugees must be given the opportunity to
feel a sense of belonging to the community where
they live (Andrade et al., 2021). Priorities include
educational opportunities, financial stability, and
social connections (Shaw et al., 2021). The level
of proficiency in the local language and the
degree of integration with the local community
are important.
Large numbers of refugees produce significant
financial costs for national governments. The
stand of living of the citizens that use public
services may decline. This may be explained by
a significant number of refugees who will also
have the right for state support. A similar
situation can take place in the labour market with
possible adverse consequences, especially on a
local scale. This is an incentive for governments
to make effective decisions that can help refugees
become independent and accelerate their entry
into the labour market (Arendt, 2022).
Armed aggression, the threat of attack and the
danger of violation of territorial integrity are
grounds for introducing martial law in the
country (Teremetskyi & Vasyliev, 2022). This
situation requires maximum commitment of
citizens to their profession and functional duties.
Military aggression leads to significant changes
and restrictions on labour rights and guarantees,
including the field of education. In this difficult
period, labour relations have a direct impact on
the labour market, determining the lines of
decision-making in organizations and
governments. Labour relations should be based
on a number of forced political measures
(Bortnyk, 2022a). Important aspects include
changes in terms of employment, establishing
wage. Changes may also be introduced regarding
the length of working hours and holidays,
security and safety requirements, and compliance
with contracts. The introduction of teleworking
requires special attention in the field of
educational labour relations. Access to education
for vulnerable groups such as refugees is greatly
improved by the prospects of e-learning.
Legislating the use of e-learning as an alternative
means of learning for students at all levels is
necessary for war-affected areas (Rajab, 2018).
Military realities produce a key priority for the
field of education in the realization of labour
relations — maintaining a balance between
guaranteeing the rights of employees and forced
restrictions. Russia’s attack on Ukraine
destroyed a large proportion of infrastructure.
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The field of education was no exception. The
hostilities resulted in the damage or complete
destruction of universities, schools and
kindergartens. Many Ukrainian teachers and
scientists became refugees or internally displaced
persons in Ukraine. Their educational work and
research needs serious support (Chhugani et al.,
2022).
In view of the foregoing, the aim of the article is
to analyse the transformation of labour relations
in the field of education during military conflicts.
The aim involved the following research
objectives:
1) summarize the main current components and
trends of legislative regulation of the
transformation of labour relations in the field
of education during the military conflict in
Ukraine;
2) analyse European legal initiatives and the
current state of implementation of changes
in labour relations in the field of education
in connection with the admission of refugees
to EU countries using the example of
Poland.
Literature review
The studies of Bortnyk (2022a), Bortnyk (2022b)
became the main tools and background for this
work. The research was focused on defining and
revealing the features of the legal regulation of
labour relations, which are established by the
labour legislation of Ukraine under martial law.
Particular attention is paid to existing problems
related to individual labour rights of employees,
which are limited by legislation during the period
of martial law. The works suggested ways to
improve and supplement the current labour
legislation, which regulates the issue of labour
relations of employees of all forms of ownership
and types of activity. It is emphasized that the
Labour Code of Ukraine should be the main legal
act that comprehensively regulates all aspects of
labour relations.
The work of Andrushko (2022) also had an
impact on the author’s position on the issue under
research. The author focused on the search for the
optimal model of legal regulation of labour
relations, taking into account the martial law and
the adaptation of labour legislation to the EU
standards. The developments in the field of legal
regulation of labour relations under martial law
in Ukraine were taken into account in the course
of the research (Mashkov et al., 2022). The
importance of introducing actual changes in
labour legislation was emphasized, the basics of
legal support for the activities of persons who
were forced to switch to teleworking were
determined. It is also emphasized that
mobilization has a special influence on the level
of employment and work in Ukraine during the
war.
A study by Arendt (2022) examines the impact
on the labour market of work-oriented policies
aimed at accelerating the integration of refugees
into the labour market. The authors emphasize
that new requirements has been added to refugees
in the policy. They should actively seek
employment and participate in on-the-job
training immediately upon arrival in the host
country. Attention should be paid to the findings
in the article by Duszczyk and Kaczmarczyk
(2022) regarding contextual issues that explain
the patterns of population migration during
military conflicts and the practice of accepting
refugees. The authors considered the most
important problems of employment and labour
relations in Poland in the context of the influx of
refugees from Ukraine.
The issues of distance research and educational
work are considered in the studies by Chhugani
et al., (2022) and Wu et al., (2022). It is
emphasized that short-term and long-term
opportunities can be used to help education
workers who remain in Ukraine in the current
situation, and prevent a potential break with the
global scientific and pedagogical community. It
was noted that online platforms ensure
compliance with labour relations in the field of
higher education during the period of military
conflicts.
The study by Bird and Amaglobeli (2022) was
used when shaping the author’s position on the
issue. It emphasizes that in response to Russia’s
invasion of Ukraine, host countries in Europe and
beyond took urgent measures to support
refugees, including the right to access labour
markets and integration policies. The authors
consider political measures necessary to provide
effective support to refugees leaving Ukraine.
The importance of developing innovative
approaches in the field of labour relations, such
as promoting the employment of Ukrainian
citizens as teaching assistants in Poland, was
noted.
The article of Brücker et al., (2022) on the work
potential of refugees in the field of education
from Ukraine is worth noting. The authors
emphasized the importance of the fact that a large
number of refugees from Ukraine have a higher
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than average level of education, some of them
have academic degrees. The researchers focused
on the need to support integration by language
programmes and labour market programmes,
mediation in the labour market, recognition of
professional qualifications and acquisition of
additional educational qualifications. Prytyka et
al., (2022) analysed the consequences of armed
aggression against Ukraine and the introduction
of the appropriate legal regime in such areas as
the realization of property rights, the
administration of justice, the execution of court
decisions, and labour relations. The authors
outline such relevant vectors as objectivity,
subjectivity, implementation in practice. It was
noted that the martial law imposes restrictions on
certain constitutional rights and freedoms of a
person and the introduction of new mechanisms
- for example, the suspension of labour relations.
The active study of the issues chosen in the
article confirms the fact that special attention
must be given to the transformation of labour
relations in the field of education during military
conflicts. The diversity of studies in this field is
also stated. Therefore, it is urgent to carry out
research according to the new research criteria.
Methodology
Scientific and methodological tools were widely
used in the course of the research, the results
were tested and presented in the article. Figure 1
illustrates the research design.
Figure 1. Research design
Induction was used to make an assumption
regarding the root cause of the transformations of
the legal regulation of labour relations in the field
of education in the EU in current realities. In
particular, the influence of military operations,
intensification of migration processes, the
growing demand for educational services and
qualified personnel are substantiated with the
help of this method.
The forecasting method was applied to justify
further transformations in the field of labour
relations on the territory of the EU and Ukraine
in the context of intensifying military operations
and further post-war restoration of the state. This
method enabled developing the primary basis for
scientific prediction of transformations of labour
relations in Ukraine.
The method of comparative law was also used to
fulfil the research objectives, which contributed
to the comparative analysis of the regulatory
framework for the realization of the labour rights
of educators who left their permanent place of
residence because of the military conflict.
Special attention was paid to the comparison of
the legislative and practical framework of
Ukraine and Poland in the studied area. The
specified methodological tools also contributed
to the justification of the approbation of the
positive experience of Poland.
The methods of statistical and graphic analysis
were used to assess the state and results of the
introduction of the system of seamless adaptation
and confirmation of the qualifications of
education workers in the EU. The demand for
employment in the field of education on the
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territory of Ukraine during military operations
was studied using the measurement method.
The method of analogy was applied to draw a
conclusion about the balance and relevance of the
new legal acts adopted by Ukraine in the field of
labour relations in education taking into account
the EU experience. The normative semantic
method, logical methods and the method of legal
modelling were used when making proposals for
further legislative innovations.
The methods used are determined by the aim of
the article and the research objectives, which, in
turn, enabled covering the issues outlined in the
article comprehensively.
Results
In March 2022, the European Commission
prepared political guidance for EU member
states. It outlines key principles and practices
supporting the inclusion of teachers from among
Ukrainian refugees in schools based on previous
experience (European Commission, 2022) -
Figure 2. Special attention is paid to the
integration of Ukrainian teachers and preschool
teachers.
Figure 2. Key principles and practices of the EU supporting the inclusion of teachers from among Ukrainian
refugees in schools (European Commission, 2022)
The European Commission also published a
Recommendation on the recognition of
qualifications for people fleeing Russia’s
invasion of Ukraine (Decree 2022/554, 2022). It
provides Member State authorities with guidance
and practical advice to ensure a fast, fair and
flexible recognition process (Figure 3).
Figure 3. Guidelines for the recognition of qualifications for people fleeing Russia’s invasion of Ukraine
(generalized by the author)
Important assistance is provided by the ENIC-
NARIC network (European Network of
Information Centres in the European Region —
National Academic Recognition Information
Centres in the European Union). ENIC-NARIC
is engaged in the development of projects, tools
to facilitate recognition, encourage mobility and
increase the internationalization of higher
education. The web page of the network has
collected links to Ukrainian resources that can
Integration of Ukrainian
teachers and preschool
teachers
Use of online and professional
communities by Ukrainian
teachers
Support from the school community,
activities of coordinators
and pedagogical experts
Accelerated access mechanisms and
removal of administrative barriers
for recognition of prior qualifications
Platforms for educational
materials, pedagogical
innovations were enriched with
materials in Ukrainian
Introduction of fast
procedures for
considering the
applications of
specialists who have
temporary protection
Reduction of the
number of formalities
for recognition of
professional
qualifications
Providing only basic
documents, other
forms of evidence,
except original
documents (for
example, digital
copies)
Waiver of certain
legalization requirements,
for example, cancellation
of certified translations,
reduction or exclusion of
costs, such as application
fees
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help specialists in the evaluation of diplomas of
higher educational institutions (ENIC-NARIC,
2022). Schools with Ukrainian refugee children
are recommended to employ persons benefiting
from temporary protection who have received a
professional qualification as a teacher in Ukraine
(Decree 2022/554, 2022). The need to provide
language training for specialist teachers, sending
Ukrainian-speaking teachers to schools with
additional opportunities and a shortage of
teachers is also noted. It is also indicated The
need to change the contracts of teachers with
professional qualifications obtained in Ukraine
was emphasized. If they were temporarily
employed as teaching assistants in host countries,
they should have obtained qualified teacher
contracts immediately after recognition of their
professional qualifications.
The labour relations of teachers in Poland are
regulated by the Teachers’ Charter (Dziennik
Ustaw, 1982). Ukrainians in Poland have the
right to get a job under a simplified procedure
and receive free medical care. No special work
permits are required. It is only necessary to
confirm the legality of stay in Poland. Since
2022, a person who does not have Polish
citizenship can be hired for the position of
assistant teacher specified in Art. 165 of the
Education Law (Decree OJ, 2017), (ISAP, 2022).
Those teachers should be able to speak and write
Polish at a level that allows him/her to provide
assistance to the student. They may not know
Polish or know it only at a level insufficient for
its use in science. Citizens of Ukraine may also
be employed at the school under Art. 15 of the
Education Law. In this case, the working person
does not have to meet the qualification
requirements. He/she just needs to have the
appropriate training, which is evaluated by the
school principal. The school principal may
consider training appropriate even in the absence
of recognized diploma. Citizens of Ukraine may
work in public schools or institutions in Poland
in accordance with the provisions of the
Teacher’s Charter (Dziennik Ustaw, 1982). A
short-term employment contract (term for 2
years) will be the basis for employment at school.
After working at the school for at least 2 years,
receiving at least a good evaluation of the
teacher’s work, the employment contract can be
concluded for an indefinite period. From
September 1, 2022, a teacher who is qualified as
a contract teacher is considered a beginner
teacher for the purpose of salary determination.
Usually, a novice teacher undergoes 3 years and
9 months of training for the teaching profession
with the help of a mentor. Obtaining at least a
good grade in the last course of training for the
profession is one of the conditions for awarding
the degree of appointed teacher. To obtain the
degree of a certified teacher, it is necessary to
work in a school for at least 5 years and 9 months.
The average salary of a teacher who will undergo
training for the teaching profession will be 120%
of the base amount established for teachers
annually in the Budget Law. According to Art. 64
of the Charter (Dziennik Ustaw, 1982), a teacher
working in a school is granted annual leave in the
amount corresponding to the period and during
holidays. Teachers who work in schools that do
not have school holidays are entitled to a leave of
35 working days.
Diplomas obtained in Ukraine before June 20,
2006 are considered equivalent to their Polish
counterparts. Confirmation of the recognition of
diploma equivalence can be obtained by
contacting the Polish National Agency for
Academic Exchanges for the issuance of a name
certificate or a general opinion on the diploma.
Diplomas obtained in Ukraine after June 20,
2006 require confirmation of their equivalence to
the Polish version through nostrification. The
Polish National Agency for Academic Exchange
(NAWA) operates as an ENIC-NARIC centre,
and is responsible for the recognition of foreign
higher education qualifications in Poland. The
website of the Polish Ministry of Education
offers a questionnaire for Ukrainians who want
to work, have work experience in the field of
education and speak at least a little Polish.
Language courses have been announced for such
people so that they can quickly teach in Polish or
help Polish teachers in the classroom.
The workload in schools and universities is
increasing because of the large number of
Ukrainian children and students. According to
the ZNP trade union, Poland suffers a shortage of
20,000 teachers (Financial Times, 2022). At the
same time, the pressure is increasing due to a
sharp increase in the number of students, in
particular Ukrainian refugees. This creates an
opportunity for employment of Ukrainian
teachers. For example, in April 2022, an
important agreement was signed between the
leaders of Warsaw and the Polish Centre for
International Aid. It allowed 200 Ukrainian
teachers to be employed in Warsaw schools and
kindergartens under the UNICEF Cash for Work
programme. The European Commission also
suggests that member states promote the
recruitment of teaching staff who benefit from
temporary protection to work in nurseries and
kindergartens (Decree 2022/554, 2022). Also,
suitable recruitment can take place in informal
structures such as play centres. The
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Indestructible Ukraine foundation was also
established in Poland. With the support of the
foundation, a network of Ukrainian schools
began to work, employing Ukrainian refugee
teachers in the cities of Warsaw, Wroclaw, and
Krakow. Working in Poland, you can join a trade
union. The employer is obliged to consult with
the trade union about disciplinary dismissal,
termination of the employment contract of an
employee hired for an indefinite period.
Counselling is mandatory regarding the intention
to terminate work or offers of remuneration on
less favourable terms.
To work as a science teacher in Poland, it is
necessary to pass a competition in accordance
with Art. 119 of the Law on Higher Education
and Science (Decree OJ, 2018). A refugee from
Ukraine, who worked as a science teacher at a
Ukrainian university, can be admitted to a state
university in Poland without a competition. This
is allowed under Art. 46 of the Polish Act on
Assistance to Ukrainian Citizens in connection
with the armed conflict on the territory of this
country (ISAP, 2022). The state higher education
institution establishes the remuneration
procedure in the collective labour agreement or
wage regulations. However, as in the school
education sector, the autonomy in determining
wages is limited. National legislation establishes
detailed payment mechanisms. The salary of an
employee of a state university consists of
standard and variable parts. Standard
components are base salary and seniority bonus.
The variable components include service
allowance and task allowance, payment of
additional teaching hours and overtime hours.
These components include an allowance for
work in harmful, difficult conditions, other
allowances, if they are provided for by a
collective agreement, as well as wage
regulations. Additional components of
remuneration for university employees are also
defined, such as anniversary bonuses, end-of-
year supplement, chancellor’s bonus, and one-
time pension bonus (Decree OJ, 2018).
As of December 30, 2022, the Ministry of
Education and Science of Ukraine reported more
than 2,600 damaged and 406 completely
destroyed educational institutions in the country
since February 24, 2022 (Ukrinform, 2022).
Many education workers became unemployed.
Examples of the number of vacancies and
unemployed persons as of January 1, 2023 in the
field of education in Ukraine indicate a
significant number of applicants for one vacancy
(State Employment Center of Ukraine, 2023) -
Table 1.
Table 1.
The number of vacancies and unemployed persons as of January 1, 2023 in the field of education.
Number of
vacancies, units
Number of unemployed
persons
Number of applicants
per vacancy, persons
Teacher of general secondary
education institution
489
1,128
2.3
Preschool teacher
102
756
7.4
Teacher of primary grades of
general secondary education
institution
31
470
15
Teacher assistant
60
227
3.7
Source: according to the State Employment Center of Ukraine, 2023
In general, as of January 1, 2023, there were
2,267 vacancies in the field of education in
Ukraine, and the number of unemployed persons
was 5,760 (State Employment Center of Ukraine,
2023). In other words, the number of applicants
per vacancy equals an average of 3 people.
Martial law was introduced in Ukraine in
February 2022 as a result of Russian aggression
(Decree No. 64/2022, 2023), which led to the
transformation of labour relations. Accordingly,
it became possible to limit the human and
citizen’s constitutional rights and freedom
(Decree No. 389-VIII, 2022). Restrictions are
imposed on the exercise of the right to work, the
right of workers to strike to protect their
economic and social interests. The legislation of
Ukraine defines the peculiarities of the regulation
of labour relations, including the field of
education, during the period of martial law
(Decree 2136-IX, 2022).
According to Art. 23 of the Law of Ukraine On
Mobilization Training and Mobilization (Decree
No. 3543-XII, 2022), employees of higher,
professional pre-higher, secondary, professional
(vocational-technical) education institutions are
not subject to conscription. They must work at
the main place of work at a rate of at least 0.75.
The following changes apply to education
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workers who were forced to change their place of
residence under martial law. According to Art.
57-1 of the Law of Ukraine On Education, they
are guaranteed the teleworking, holding a
position of employment, average earnings, other
payments, provision of a place of residence
(Decree No. 2145-VIII, 2023).
The provisions of the Labour Code of Ukraine
(Decree No. 322-VIII, 2023), to which the
necessary changes have been made (Decree
No. 2352-IX, 2022), are applied to the regulation
of labour relations. The changes were made to
Art. 23 of the Labour Code of Ukraine regarding
the mandatory informing of employees who
work under a fixed-term employment contract
about the availability of vacancies. These
vacancies may include the possibility of
concluding an indefinite employment contract. In
the field of education, special attention in this
matter can be paid to employees of retirement
age. Art. 29 of the Labour Code of Ukraine
contains new provisions on mandatory informing
the worker about working conditions before
starting work. Attention is paid to the place of
work, the availability of the necessary tools for
work, the presence of dangerous and harmful
production factors at the workplace. Information
is also provided regarding the working hours and
rest time, and the duration of vacation. It is also
necessary to inform about the terms and amount
of wage, procedures and terms of notice of
termination of the employment contract, and
much more. Special attention is paid to the
procedure of alternative (remote) provision of the
necessary documents.
Changes were also made to Art. 36 of the Labour
Code of Ukraine regarding the grounds for
termination of an employment contract. The
article is supplemented with cases that lead to the
termination of the employment contract: the
death of the employer, the employee, recognition
of such a natural person as missing or declared
dead. The reason for termination of the
employment contract may also be the employee’s
absence from work and information about the
reasons for such absence for more than four
months in a row. This will not be considered a
dismissal for absenteeism, as the reasons for the
employee’s absence have not been established.
The relevant article also contains the procedure
for remote submission of the necessary
documents to specialized services.
Amendments were also made to Art. 41 of the
Labour Code of Ukraine. Additional grounds for
terminating the employment contract at the
employer’s initiative in the event of the
impossibility of providing the employee with a
job as a result of hostilities have been clarified.
Attention is also paid to the termination of the
employment contract at the employer’s initiative
without the prior consent of the elected body of
the primary trade union organization (trade union
representative). The contract may also be
terminated in case of impossibility of providing
the employee with a job as a result of hostilities
(Art. 43-1 of Decree No. 322-VIII, 2023).
According to Art. 47 of the Labour Code of
Ukraine, the dismissal procedure currently
includes the obligation to issue the necessary
copies of orders and salary calculations to the
employee on the day of dismissal. The employee
must be notified 10 calendar days in advance
about the dismissal because of the impossibility
of providing him/her with work because of the
results of hostilities (Article 49-2 of Decree
No. 322-VIII, 2023).
In the Labour Code of Ukraine, the length of
service, which gives the right to annual basic
leave (Article 82 of Decree No. 322-VIII, 2023),
payment of monetary compensation in the event
of the death of an employee (Article 83 of Decree
No. 322-VIII, 2023), the concept of combining
jobs (Article 102-1 of Decree No. 322-VIII,
2023), has been corrected. For example, Art. 82
of the Labour Code of Ukraine emphasizes that
the length of service, which gives the right to
annual basic leave, includes the time when the
employee actually did not work. But in
accordance with the legislation, the place of
employment (position) and salary were preserved
in full or in part. This does not apply to
employees called up for term military service,
military service by conscription of officers,
military service by conscription during
mobilization. This rule does not apply to
employees called up for a special period, military
service upon the conscripting of reservists in a
special period. They also include employees
accepted for military service under a contract, by
concluding a new contract for military service.
Wages to employees for the entire vacation
period are paid before the vacation starts, unless
otherwise stipulated by the labour or collective
agreement (Article 115 of of Decree
No. 322-VIII, 2023). The terms of payment upon
dismissal (Article 116 of of Decree No. 322-VIII,
2023), liability for delay of payment upon
dismissal (Article 117 of of Decree No. 322-VIII,
2023), appeal to court for resolution of labour
disputes (Article 233 of of Decree No. 322-VIII,
2023) have been adjusted.
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Art. 12 of the Law of Ukraine On the
Organization of Labour Relations under Martial
Law (Decree 2136-IX, 2022) includes possible
time limits (24 calendar days) or refusal to grant
annual leave. Educational institutions may
continue to grant annual leave lasting more than
24 calendar days. The legal duration of vacations
for teaching staff is currently 42 or 56 calendar
days. Such vacations should be granted
automatically, with corresponding recalculations
of their duration if necessary. The employer (the
head of the educational institution) has the right
to limit the duration of the employee’s vacation
in the current year. But the employer shall issue
an appropriate order, justify the limitation of
leave in the current year, and familiarize the
employee with the order. Unused annual leave
days during the period of martial law can be used
after the termination or cancellation of martial
law. This article contains provisions on the
granting of leave without pay for a duration of no
more than 90 calendar days. In this case, the time
spent on vacation is not included in the length of
service, which gives the right to annual basic
vacation. This provision applies to workers who
have moved outside the territory of Ukraine or
acquired the status of internally displaced
persons. The provision of Art. 13 (Decree
2136-IX, 2022) regarding the suspension of the
employment contract in connection with armed
aggression against Ukraine is also important. The
main condition for the termination of the
employment contract is the absolute
impossibility of the employer providing and the
employee performing the relevant work. And
these two conditions must be met at the same
time. If the employee is willing and able to
perform work or the employer is able to provide
work, it is illegal to suspend the employment
contract. Other changes in the legislation
concern, for example, the peculiarities of
concluding and terminating an employment
contract under martial law, personnel record-
keeping and archival storage of personnel
documents (Decree 2136-IX, 2022).
The implementation of labour relations in the
field of education in the conditions of the military
conflict in Ukraine depends on the level of
awareness. As of December 30, 2022, Ukraine
has organized, for example, advanced training
for more than 500 vocational education teachers.
The issues of implementing a gender approach in
the professional education system, conflict
management techniques, the basics of e-learning,
mine safety and the consequences of war are
explained (Ministry of Education and Science of
Ukraine, 2022). A lot has been done for distance
learning. A total of 50 thousand Chromebooks
were delivered to Ukraine under the agreements
of the Ministry of Education and Science of
Ukraine, the Ministry of Digital Transformation
of Ukraine with Google and UNESCO. They
were used to meet the needs of Ukrainian
teaching staff (Ministry of Education and
Science of Ukraine, 2022).
Discussion
It was established that full implementation of the
idea of human rights is necessary in the
conditions of military conflicts and the
introduced martial law. Restrictions on the rights
of individuals, legal entities and non-residents
should be allowed only within the necessary
limits (Prytyka et al., 2022). Human resources,
effective communication between the state,
business and citizens acquire special value
(Mashkov et al., 2022).
The Russian invasion of Ukraine in 2022
demonstrated Europe’s ability and willingness to
accept the international refugee protection
system. This reaction of the European public was
influenced by symbolic threat, collective
consciousness and ethnicity (De Coninck, 2022).
Specific recommendations were offered in the
situation with labour relations in the field of
education. They can be adapted to real and
current circumstances at the local, regional and
national levels (Ociepa-Kicińska &
Gorzałczyńska-Koczkodaj, 2022).
It can be stated that the integration of refugees
into the labour market can be significantly
facilitated if legal and planning security is
quickly ensured. This can be implemented,
among other things, through longer residence
permits and permanent residence prospects
(Brücker et al., 2022).
It was established that Poland became the main
destination of Ukrainian refugees after the
beginning of the Russian invasion of Ukraine.
The place of residence of educational refugees in
Poland is determined by three main factors,
which are partly related to each other. These
include the aid related to accommodation and
employment, the availability and cost of
accommodation, employment opportunities in
their field (Kopeć, 2022). An innovative
approach, such as promoting the employment of
Ukrainian citizens as teaching assistants in
Poland, can be an economical and pragmatic
solution (Bird & Amaglobeli, 2022).
It can be concluded that legislative initiatives
regarding labour relations related to the use of
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teleworking contribute to the development of an
effective system of providing educational
services during military conflicts. Educators can
offer collaborative and supportive learning
services to students using online platforms
without worrying about their own and students’
safety (Rajab, 2018). According to the
researcher, this is an important component of
complying with the labour protection
requirements.
It can be concluded that supporting research and
teaching staff who remain in Ukraine can help in
the current situation and prevent a potential break
with the world scientific community.
Appropriate labour cooperation, training and
data sharing should be expanded (Chhugani et
al., 2022). Many conferences are now held in a
hybrid format, allowing both in-person and
remote attendance (Wu et al., 2022). Scientific
communities of different countries can help by
cancelling registration fees for Ukrainians. This
will allow them to participate in international
scientific life without leaving the country.
Organizations that hold scientific and
pedagogical conferences can waive the fee for
the virtual participation of scientists/researchers
who stay in Ukraine (Chhugani et al., 2022).
It can be stated that there are positive
components of the legal regulation of labour
relations in the field of education under martial
law in Ukraine. Current labour legislation is
gradually being adapted to modern labour
relations through numerous changes and
additions (Bortnyk, 2022b). The optimization of
labour legislation in Ukraine led to the important
formation of a method of cooperation between
the employee and the employer under martial
law. This situation can contribute to the
minimization of the possible occurrence of
labour disputes, which may appear due to
legislative shortcomings in regulating labour
relations (Andrushko, 2022). According to
researchers, this optimization provided the
necessary degree of flexibility of labour
relations, which employers need during martial
law.
Conclusions
Each EU country adopts in its legislation changes
on labour relations regarding refugee education
workers with certain differences. The Polish
government has introduced new immigration
measures for Ukrainian citizens who are leaving
their country because of the Russian invasion.
Urgent measures aimed at facilitating Ukrainian
refugees to obtain the right to work in the field of
education were also introduced. Poland’s
experience indicates that the countries which
hosted the largest number of Ukrainian refugee
children may have problems with providing a
sufficient number of teachers. Besides, not all
teachers may be familiar with teaching methods
for children who speak different languages. In
this regard, the necessary legislative initiatives
are being developed in Poland to implement the
labour relations of Ukrainian education workers.
Poland has a bank of job offers for preschool,
secondary and higher education workers from
Ukraine. People who received qualifications for
work in education in Ukraine can work in this
field in Poland. They must have their diplomas
recognized. NAWA, the Polish National Agency
for Academic Exchange, operates as an ENIC-
NARIC centre, and is responsible for the
recognition of foreign higher education
qualifications in Poland. In case of employment
as a teacher’s assistant or a teacher, the same
requirements will apply to citizens of Ukraine
and citizens of Poland. The functioning of
Ukrainian schools has also started. Teachers of
higher educational institutions of Ukraine can get
a job in Polish universities as science teachers
without holding a competition. Polish legislative
initiatives regarding the improvement of labour
relations in the field of education during the
military conflict in Ukraine are worth noting.
They can serve as an example for similar
implementation in other refugee-hosting
countries.
In Ukraine, legislative changes were made
regarding the regulation of labour relations in the
field of education under martial law. Changes
were introduced regarding the postponement of
conscription for military service during
mobilization, the terms of the employment
contract, the employer’s obligations before the
employee before the employee’s work under the
employment contract. Legislative changes were
also made regarding the grounds for suspension
and termination of the employment contract, the
procedure for dismissal of employees and
settlement with them. The calculations of length
of service, which gives the right to annual leave,
payment of part-time work, terms of salary
payment were adjusted. Attention is paid to
issues of settlement upon dismissal,
responsibility for delay of settlement upon
dismissal, and other necessary measures. The
post-war adaptation of labour relations in the
field of education in Ukraine will be the object of
further research.
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