This article presents a comprehensive study of the protection of employees’ labor rights under martial law introduced in Ukraine due to the military aggression of the Russian Federation. It emphasizes that the emerging challenges required prompt legislative response and adaptation of labor law to extraordinary conditions. The paper analyzes key legal acts, particularly the Law of Ukraine No. 2136-IX «On the Organization of Labor Relations under Martial Law», which became the basis for updated regulation of labor relations during wartime. The author highlights the restriction of several constitutional rights of workers, including the right to work, strike, rest, and social protection. Special attention is paid to changes in labor contract formation, the introduction of the suspension mechanism of labor contracts, extension of working hours (up to 60 hours per week), cancellation of holidays, and reduction of annual paid leave duration. The paper details the issue of employees’ lack of the right to independently terminate the suspension of their labor contracts, which creates an imbalance in favor of the employer. The article outlines the subjects, forms, and methods of protecting labor rights during martial law. It distinguishes between jurisdictional (judicial and administrative) and non-jurisdictional (self-defense, public oversight, trade union initiatives) methods of addressing violations of labor rights. Domestic scholars’ classifications of protection methods are examined, including restorative, terminating, and punitive measures. Particular attention is given to the case law of the Supreme Court of Ukraine, which forms mandatory legal interpretations on the application of labor contract suspension, compensation for forced downtime, unlawful dismissals, and employer liability. Courts are shown to establish clear criteria for the legality of employers’ actions and protect employees’ interests even under martial law. In conclusion, the author argues that martial law requires a flexible yet balanced legal framework that ensures not only effective mobilization of human resources for defense purposes but also an adequate level of labor guarantees and social protection. The article suggests incorporating international experience in labor rights regulation under crisis conditions and adapting successful models to Ukrainian realities. It is emphasized that even in wartime, the observance of employees’ labor rights remains a vital component of the rule of law alongside national security.
Мaryna Polishchuk (Sun,) studied this question.