LEGISLATIVE FEATURES OF THE PROCESS OF ORGANIZING WORK OF EMPLOYEES IN CONDITIONS OF MARTIAL ARTS

Abstract

The article presents a systematic analysis of legislative provisions regarding the process of organizing the work of employees under martial law. The opinion is maintained that the Law of Ukraine “On the Organization of Labor Relations under Martial Law” contains three groups of norms, namely: the first are related to the restriction of constitutional rights and freedoms of man and citizen, in particular the right to work, namely Articles 2–5, 9–10, 13 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law”; the second are related to the legislative features of the process of organizing labor precisely in martial law conditions, and by their nature are of a special, temporary nature. Such articles in the Law of Ukraine “On the Organization of Labor Relations in Martial Law Conditions” include Articles 6, 8, 11–12, 14; the third is related to the operation of norms in martial law and to issues that accompany labor relations between the employee and the employer and does not regulate the labor process itself. These norms include Articles 1, 7, 15, 16 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law.” Attention is paid to the regulations on working hours and rest periods and the issues of their establishment and accounting. Separately, the regulatory provisions on the activities of trade unions and the unilateral procedure for suspending the operation of individual provisions of a collective agreement are considered. Attention is drawn to the fact that the prolonged nature of armed aggression at the current stage, in 2025, requires a revision of the content of individual articles of the Law of Ukraine “On the Organization of Labor Relations under Martial Law.” The key idea for revising state policy regarding the legal regulation of labor relations under martial law should be the following: special norms regarding the conditions for organizing labor relations under martial law should be applied only in the event of a direct impact of martial law on the process of organizing the work of enterprises, institutions, and organizations.