Publication date: 02.06.2024
active and purposeful military lawyer with more than 4 years of experience
Duration of working hours and rest during martial law in Ukraine
Introduction
The state of war in the country forces to adapt many aspects of life, including labor relations. The changes concern not only the duration of working hours, but also the conditions of employees' rest. In this article, we will consider how the legislative regulation of the duration of working hours and rest during martial law in Ukraine changed, as well as which additional provisions were abolished.
Legislative regulation during martial law
Substantive provisions
Martial law in Ukraine is regulated by the Law of Ukraine "On the Legal Regime of Martial Law" and other normative legal acts. In the conditions of martial law, restrictions and changes in labor relations may be introduced in order to maintain public order and ensure national security.
Changes in labor legislation
In accordance with the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law", changes may be introduced regarding the length of working hours and rest conditions of employees. This includes the possibility of increasing working hours and reducing time for rest.
Duration of working hours
Standard working hours
According to current legislation, normal working hours should not exceed 40 hours per week. However, during martial law, employers may increase working hours to 60 hours per week for adult workers.
Overtime work
Martial law allows to increase the amount of overtime work.Such changes may be introduced to ensure the continuous operation of enterprises, institutions and organizations of strategic importance.
Rest conditions
Weekly uninterrupted rest
Under martial law, the minimum duration of weekly uninterrupted rest may be reduced from 42 hours to 24 hours. This allows employers to plan working hours more flexibly and ensure the continuity of production processes.
Holidays
During martial law, restrictions on the granting of annual leave may be introduced. Employers have the right to suspend the provision of leave or withdraw employees from leave when necessary to ensure the completion of critical tasks.
Additional cancellations
Restrictions on night work
Legislation provides for certain restrictions on night work, especially for women and young people. However, during martial law, these restrictions may be lifted to ensure business continuity.
Restrictions on working on weekends and holidays
Legislation usually restricts work on weekends and holidays. However, during martial law, these restrictions may be lifted to ensure the uninterrupted operation of important enterprises and institutions.
Additional social guarantees
During martial law, some social guarantees may be temporarily canceled or limited, such as additional days off for certain categories of workers (eg mothers with young children). This is necessary to ensure maximum mobilization of the workforce.Practical aspects for employers and employees
For employers
Planning of working hours: Employers must carefully plan working hours, taking into account the new legal regulations.
Informing employees: Employees must be informed in a timely manner about changes in the working regime and rest conditions.
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