The Eastern Interregional Department of the State Labor Service has provided an official clarification regarding wages during an air raid alert if the employee is in shelter.
If during an alarm a person is unable to work in a shelter, this is considered downtime, which is formalized in accordance with Article 34 of the Labor Code. In such a case, according to Article 113 of the Labor Code, payment must be made in the amount of no less than two-thirds of the tariff rate (salary), unless otherwise provided for by the labor or collective agreement.
At the same time, the law allows the employer to set a higher payment amount - within the salary estimate. This right is enshrined in the Resolution of the Cabinet of Ministers of Ukraine No. 221 of March 7, 2022.
A special procedure applies when it comes to a production situation that is dangerous to the life or health of the employee or the environment. In such a case, the employee retains his average earnings. This is also provided for in Article 113 of the Labor Code.
If an employee is able to work even from shelter, then there is no reason to register downtime, and work should be paid on general terms.
