What should employers consider when assessing the impact of the Ukraine crisis on their business and workforce, and how they can help support those affected?
Military service:
Some countries have specific arrangements for individuals who are called up to national reserved armed forces. While these would generally not apply to nationals of other countries being called up for military service by their home country, employers might want to follow a similar approach for Ukrainians who are conscripted or volunteer to serve in the armed forces.
Getting workers out of Ukraine:
Due to the escalating conflict and dangerous situation, many employers are helping workers to relocate to safety outside Ukraine. Some employers are providing workers with options for border crossings and/or are helping with applications for refugee or asylum status in other countries. Employers should be careful not to help workers leave Ukraine in breach of the recent military conscription order prohibiting men aged 18 to 60 years from leaving the country.
Emigration options for Ukrainians:
Many countries are amending or relaxing visa and other entry requirements for Ukrainian nationals. EU Member States are currently implementing the Temporary Protection Directive explained here . Countries outside the EU have also introduced more flexible immigration conditions and other help for Ukrainians, see here.
Employing Ukrainians:
Many employers are considering how to best support or employ Ukrainian refugees. However, employers should tread carefully if they are considering prioritising Ukrainians for roles or potentially ring-fencing employment opportunities for them. They may face direct or indirect discrimination claims for giving preferential treatment to Ukrainians over other nationalities.
Getting workers out of Russia:
Employers with operations in Russia may be dealing with requests from Russian workers to leave Russia, which raises considerations of an employer's duty of care towards its workers in Russia. Employers may also be considering repatriating foreign or 'expat' workers they have sent to Russia. The ability to do so will likely be included in the worker's contract or assignment, with repatriation costs borne by the employer. Relocating these employees to other jurisdictions causes other legal issues, which are covered below.
Emigration for Russian workers:
Russians who oppose the war may be seeking to leave Russia or have already fled. Others who were already living away from their home country may wish to prolong their stay. This could prove difficult, as some immigration-related services in Russia may be suspended.
Impact of sanctions:
The sanctions imposed on Russian corporate entities and the related restrictions on international financial transactions are affecting the ability of employers (with Russian entities) to pay their Russian workforces. This is leading some employers to consider various options including declaring a 'downtime', encouraging employees to take annual leave, making employees redundant and potentially, closing their operations in Russia. Russian employment law advice should be taken on these options.
Ukrainians and Russians working remotely:
The relocation of Ukrainian and Russian workers to other countries could lead to employers finding that they have workers in locations where they previously had no presence. Employees may gain certain employment rights in these countries, particularly where they work in the country for some time. Employers should also consider whether an employee's stay in a country creates an income tax or social security liability for the employer and also, potentially, whether the employee's activities or presence in the host country will create a permanent establishment for the employer in that country. See here for more information.
Other support for Ukrainians:
Given the harrowing circumstances under which Ukrainians have fled, employers may be able to take 'positive action' to support them in an employment context, in countries where this is permitted. However, this is often subject to strict conditions. Some employers are giving their employees time off to volunteer for a charity or to prepare for receiving refugees into their home. Employers may also choose to donate to relevant charities as a positive way to assist refugees.
Supporting employees:
The situation in Ukraine is very distressing for many people and it may also cause conflict in the workplace between those with different views (for example, workplaces with Ukrainian and Russian employees). Employers should consider ways to support their Ukrainian, Eastern European and Russian nationals, or indeed employees of any nationality who feel affected by the events. This might include reminding staff of policies on bullying and harassment and being prepared to deal with potential conflicts between employees who may have opposing views on the events in line with these policies, including taking disciplinary action if necessary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
