Electronic communication between employer and employee during martial law

The article considers the need for flexibility and adaptability in managing labor relations during martial law. An important step taken by the legislator on the way of organizing personnel paperwork between the employer and the employee is the legislative consolidation of the norms that give employers the opportunity to independently determine these processes, while ensuring reliable accounting of the work done and labor costs. Under martial law in Ukraine, it is allowed to use electronic exchange of documents. This means that the employer and the employee can agree on alternative methods of creating, sending and storing official documents, such as orders or notifications. Such methods may include the use of electronic communications that are chosen by agreement between the employer and the employee. These measures are intended to help ensure the continued existence of existing labor relations and the preservation of important documentation during martial law. The introduction of such changes has become important, since martial law can complicate the usual communication procedures. These changes also help to avoid misunderstandings and conflicts. However, if the employer and the employee have not agreed on the electronic exchange of documents, then official documents must be submitted in paper form with the original signature of the author of the document. This is important because sending an application electronically does not allow the other party to verify the authenticity of the applicant’s will. It is also possible to use a phone to exchange information, although this may be less effective for some types of documents. In any case, it is important that both sides of the labor legal relationship - both the employee and the employer are aware of what methods of communication will be used, and agree with them. Under martial law, among other things, additional procedures may be introduced to ensure the effective exchange of documents. From the analysis of existing judicial practice, it is seen that in all of these methods and methods of communication, the main thing is still the fact that the employer and the employee agree between themselves on the appropriate method of exchanging documents, since the absence of a confirmed agreement will affect both the rights and obligations of the employer and the rights and obligations of the employee.