RESTRICTIONS ON THE RIGHT TO WORK UNDER THE CONDITIONS OF MARTIAL STATE

Abstract

The article highlights current problems, first of all ensuring the basic right of every person, namely the right to work in the conditions of martial law and the limits to which it is limited. It is worth noting that the entire list, so to speak, of permissible restrictive rights during martial law within the limits of temporary restrictions is determined by a special law, which, in turn, is the main one in application to fully ensure the right to work for this or that person. I would like to draw your attention to the fact that the right to work in peacetime was ensured by the obligation of the state to create free and equal conditions for the full exercise of this right for all citizens of our country. The right to work, in turn, is revealed through a number of principles of labor law, which include: voluntariness, prohibition of forced labor, freedom of labor and non-discrimination. Limiting the right to work of citizens during the war simultaneously limits the right of each worker, as a special category of workers, in terms of belonging, safety, and healthy working conditions. At the same time, in its international obligations, our state assumed the main duty – not to apply any form of forced or compulsory labor to the citizens of its state in the field of labor. Involvement of citizens in socially useful work in the form of compulsory labor or any other restrictions in the field of organization of the right to work, which are directly provided for by law, cannot be considered forced labor. Along with this, limiting the right to work, during the martial law in our country, it is allowed to transfer an employee to a job that goes beyond the scope of his work functions and without the consent of the same employee. However, such transfers are not allowed to areas where active hostilities may continue. At the same time, the right of a person to a salary lower than the amount established by law is partially retained by the employee, in turn, the right of a person to receive a timely reward for such work is limited. Restriction of the right to work is temporary and is a right and not an obligation of the employer.