Ukraine's New Wartime Labor Law: Key Changes to Leave and Critical Infrastructure Workers.

Martial law and employee leave
Martial law and employee leave

Ukraine's New Wartime Labor Law: Key Changes to Leave and Critical Infrastructure Workers

According to TSN.ua: Adopted on March 15, 2022, Ukraine's Law "On the Organization of Labor Relations under Martial Law" (No. 2136-IX) establishes new rules governing employment during the ongoing conflict, including significant changes to leave entitlements. This legislation is a direct response to the extraordinary circumstances of war, aiming to balance worker rights with national security needs.

The law sets the maximum annual leave duration at 24 days. However, it introduces a stark provision for employees at critical infrastructure facilities: they may be denied all forms of leave. Two crucial exceptions are preserved for these workers:

  • Maternity leave;
  • Leave to care for a child under three years of age.

Furthermore, the law grants a 90-calendar-day unpaid leave to employees who have left Ukraine or who have internally displaced person (IDP) status. It is important to note that time spent on this unpaid leave does not count toward the service record required for accruing paid annual vacation.

Impact of the New Rules on Labor Relations

According to the new framework, other conditions may also influence actual leave duration, such as:

  • More generous leave provisions stipulated in a collective bargaining agreement;
  • The existence of specific employee benefits;
  • Leave accumulated over several consecutive years.

These factors could be significant for workers seeking to understand their rights under martial law. The law has a profound impact on Ukraine's labor landscape, particularly as critical infrastructure personnel perform vital functions for national continuity. Understanding the new leave regulations helps employees better adapt to legislative changes and protect their rights. These measures reflect the state's need to maintain stability in essential sectors during an emergency, which may have long-term consequences for labor relations in Ukraine.


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