On the peculiarities of organization of labour relations under martial law

The establishment of a legal, democratic, and social state in Ukraine necessitates updating the doctrinal foundations of labor law in the context of Eurointegration requirements. This article analyzes the specifics of organizing labor relations under martial law based on the review of regulatory acts, scientific sources, and results from legal practice. It has been found that labor freedom implies providing everyone with the opportunity, without discrimination, to enter into labor relations to realize their abilities. The right to work is one of those rights that can be limited for a certain period during martial or emergency situations. It has been established that the introduction of martial law in Ukraine has necessitated amendments to national labor legislation. Provisions of the newly adopted special Law of Ukraine, which defines the organization of labor relations under martial law, take precedence over the codified labor code during the period of martial law. It has been clarified that during the labor activities of individuals subject to compulsory labor, compliance with standards such as minimum wage, minimum vacation time, rest time between shifts, maximum working hours, and consideration of an individual’s health condition is ensured. It is noted that the regulation of labor relations under new conditions has revealed problems that hinder the establishment and functioning of an effective system of employer-employee relations. It is important that labor legislation in Ukraine has already undergone changes regarding the organization of labor relations during martial law. The domestic labor market has experienced many changes during the period of martial law, with employers developing new strategies for utilizing hired labor based on flexibility and rapid response to the situation. The practice of applying legal innovations has indicated the need to address issues at the legislative level, which will improve the mechanism for implementing corresponding guarantees for workers and employers. The relevance of this issue also lies in the fact that clarity and definiteness in domestic legislation provide the possibility, in the future, to place relevant compensation payments on the state conducting armed aggression against Ukraine during reparations.