Working Hours During Martial Law: Store Schedules, Rest and Pay

During martial law, an ordinary store must observe normal working hours of no more than 40 hours per week. The limit may be raised to 60 hours only for employees working at critical infrastructure facilities, subject to statutory exceptions and a proportional increase in pay. Employers need to determine each employee’s limit, formalize the work schedule, prepare a rota that provides adequate rest, and record the hours actually worked.

Martial law allows some work-organization rules to be changed, but requirements for rest between shifts, restrictions for minors and other protected groups, and pay for night and overtime work remain in force. The rules below are based on Ukrainian law and apply to employers in Ukraine, including individual entrepreneurs who hire employees under employment contracts.

What working-hours limit to set for employees

The main rules are set out in the Labor Code of Ukraine (КЗпП, the Ukrainian abbreviation for the Labor Code). Special conditions for the period of martial law are established by the Law of Ukraine “On the Organization of Labor Relations under Martial Law” dated March 15, 2022, No. 2136-IX. Its provisions apply to the employment relationships they specifically regulate; other applicable requirements of the Labor Code remain in force.

The right to apply a 60-hour limit depends on the employee working at a critical infrastructure facility, including in the defense sector or in a sector that supports the population’s day-to-day needs. Selling food or other essential goods does not, by itself, establish that basis. Before changing schedules, it is advisable to gather documents confirming the facility’s relevant status and the specific employees’ work there.

Increasing the limit is an option for the employer, so a 60-hour week does not apply automatically. If the employer lawfully raises the limit above the one established by law, Part 7 of Article 6 requires a proportional increase in pay. Hours within the new lawful limit are paid under the special rule for increasing working hours; hours beyond it need to be assessed separately as overtime.

Illustrative example. At a critical infrastructure facility, an adult employee who is not entitled to reduced hours has their weekly limit raised from 40 to 60 hours. If all other conditions stay the same, a monthly salary of UAH 20,000 must increase proportionally: 20,000 × 60 ÷ 40 = 30,000 hryvnias. This calculation does not include possible night premiums or other separate payments.

Legal basis for working-hour limits and increases: Articles 50–51 of the Labor Code and Parts 1, 2, 7 and 8 of Article 6 of Law No. 2136-IX.

How to distinguish reduced hours, part-time work and summarized timekeeping

Reduced working hours are provided by law for certain categories of employees or types of work. For example, 36 hours for an employee aged 17 is their full legal weekly limit. The employer cannot assign this employee 40 hours just because the other sales assistants work that schedule.

Article 51 of the Labor Code also allows enterprises, institutions and organizations to set reduced working hours at their own expense for people with disabilities; employees with children under 14 or a child with a disability; and single mothers and fathers raising a child without the other parent, including when the mother has been in a hospital for an extended period. This is an option for the employer and must be formalized if the employer decides to use it. Having a child or a disability does not, on its own, establish a mandatory reduced weekly limit for every such employee.

Part-time work is set by agreement between the employee and employer. It may mean a shorter workday, fewer working days, or a combination of the two. Under Article 56 of the Labor Code, pay depends on hours worked or output, and the employee’s employment rights are not restricted. Documents should therefore state the part-time arrangement directly rather than describe any shorter schedule as a reduced-hours limit.

At the request of a pregnant woman, a woman with a child under 14 or a child with a disability, including a child under her guardianship, the employer must provide a part-time day or week. Article 56 imposes the same duty for a woman caring for a sick family member in accordance with a medical opinion. Article 172 of the Labor Code also provides for a part-time day or week at the request of a person with a disability in cases specified by law. In practice, it is advisable to obtain a request stating the preferred schedule and documents confirming the basis, then record the hours and payment terms.

Under Article 179 of the Labor Code, a mother, father or another person listed in that article who is on childcare leave may, if they choose, work part-time or from home. This includes relatives who actually care for the child, adoptive parents, guardians, one of the foster parents or one of the parents in a family-type children’s home. If an employee instead ends this leave early, they must notify the employer no later than 10 calendar days before the date the leave ends. When preparing the rota, the employer needs to find out whether the employee will work while on leave or end it.

Summarized working-time accounting makes it possible to monitor the limit over a reference period when the working conditions do not allow daily or weekly hours to be observed. Under Article 61 of the Labor Code, it is introduced with the agreement of the elected body of the primary trade union organization or a trade union representative. The employer sets the reference period and prepares a rota so that total working hours during that period do not exceed the employee’s applicable limit.

With this accounting method, a longer individual shift does not, by itself, determine the number of overtime hours: actual hours must be compared with the limit for the entire reference period. The employer must still comply with rest requirements and restrictions that apply to the specific employee. The rules are set out in Articles 56, 59, 61 and 106 of the Labor Code.

An irregular working day should not be used as a label for any work after a store closes. For practical timekeeping, first establish whether the applicable working hours were exceeded, who instructed the additional work, and what work schedule was formalized for the employee. Writing “irregular schedule” in a memo does not remove the requirements to formalize and pay overtime hours.

How to prepare store schedules and provide rest for sales assistants

During martial law, the employer sets a five-day or six-day workweek and determines when shifts start and end. These powers are provided for in Parts 3 and 4 of Article 6 of Law No. 2136-IX. The employer must still observe the employee’s legal working-hours limit, applicable requirements for daily working hours, and approval procedures that have not been removed by the special law.

For a six-day workweek, Article 52 of the Labor Code sets daily limits: 7 hours for a 40-hour week, 6 hours for a 36-hour week and 4 hours for a 24-hour week. If the working conditions make it impossible to observe daily or weekly hours, summarized working-time accounting must be properly arranged. An order setting long shifts alone is not enough to make arbitrary exceptions to timekeeping rules.

The store’s opening schedule and the schedule of a particular sales assistant may differ. For enterprises serving the public, Article 68 of the Labor Code provides for local councils to set days off. For continuous public service, Article 69 provides for groups of employees to receive days off in rotation under an agreed shift schedule. A Sunday when the store is open is therefore not necessarily a day off for each employee.

During martial law, the employer may reduce the uninterrupted weekly rest period from the 42 hours specified in Article 70 of the Labor Code to 24 hours. At the same time, Part 1 of Article 67 of the Labor Code remains in force: employees on a five-day week receive two days off, and those on a six-day week receive one. Reducing uninterrupted rest to 24 hours does not, by itself, allow an employer to give an employee on a five-day week only one day off. Minors retain a minimum of 42 hours of uninterrupted rest because Part 8 of Article 6 of Law No. 2136-IX prohibits applying this reduction to them.

Rest between shifts is still governed by Article 59 of the Labor Code. The break between shifts must be at least twice the length of the previous shift, including the meal break. Assigning an employee to two shifts in a row is prohibited. So even with 24 hours of weekly rest, the employer must still check every transition between shifts.

A rest and meal break must also be included in the work schedule. Under Article 66 of the Labor Code, this break is not working time, lasts no more than two hours and is usually provided four hours after work starts. If working conditions do not allow a separate break, the employee must be able to eat during working hours in accordance with the procedure set out in that article.

Article 183 of the Labor Code guarantees women with children under one and a half years of age additional breaks to feed the child, provided at least every three hours and lasting at least 30 minutes each. If the woman has two or more infants, each such break must last at least one hour. These breaks count as working time and are paid at the average wage, so they cannot be recorded as an unpaid meal break. The employer sets their timing and procedure in agreement with the elected body of the primary trade union organization or a trade union representative, taking the mother’s wishes into account.

Illustrative shift-schedule check. A store uses shift work. A sales assistant’s previous shift runs from 09:00 to 18:00, with a one-hour meal break: 8 hours count as work. To check the rest period between shifts under Article 59 of the Labor Code, the 9-hour span including the meal break is used, so the minimum rest period is 18 hours. If this sales assistant’s next shift starts at 09:00 the following day, they have only 15 hours of rest, so the shift schedule needs to be corrected.

Rules for checking schedules: Article 6 of Law No. 2136-IX and Articles 52, 57–59 and 66–70 of the Labor Code.

How to count hours on public holidays

Part 6 of Article 6 of Law No. 2136-IX lists exactly which provisions do not apply during martial law: Article 53, Part 1 of Article 65, Parts 3–5 of Article 67, Articles 71, 73 and 78-1 of the Labor Code, and Part 2 of Article 5 of the Law of Ukraine “On Vacations.” Since some parts of Article 67 have already been excluded from the Labor Code, its current text should also be checked when working with documents. This list does not suspend all rules on work, days off or pay.

For the store schedule, this means that a date listed as a holiday in Article 73 does not automatically create a non-working day, a day-off transfer or shorter hours on the eve of the holiday. If the date is an ordinary working day under the schedule, the hours count toward the limit and are paid as ordinary work. The date coinciding with a holiday does not, by itself, create an obligation to pay double.

If an employee is asked to work on a day that is their scheduled day off, Article 72 of the Labor Code applies. The parties agree on another day of rest or monetary compensation at double pay; payment is calculated under Article 107. In practice, it is advisable to specify the chosen form of compensation in the order so payroll has a basis for the calculation.

Legal basis: Part 6 of Article 6 of Law No. 2136-IX and Articles 53, 67 and 72–73 of the Labor Code.

When employees may be assigned overtime

During martial law, only the numerical limits in Part 1 of Article 65 of the Labor Code do not apply: four hours over two consecutive days and 120 hours per year. The requirement to keep individual records of overtime work remains in force. Articles 62 and 63 of the Labor Code, which set exceptional grounds and protect certain employee groups, have not been suspended by the special law.

Possible grounds for a store must be assessed in relation to the specific situation. Examples include the need to finish work after an unexpected technical delay if stopping work could risk damage to property, or continuing work because a replacement did not show up where work cannot be interrupted. In the latter case, the employer must immediately look for a replacement. Paragraph 4 of Part 3 of Article 62 also allows overtime loading and unloading if it is needed to prevent or end the idle time of rolling stock or a build-up of cargo at dispatch and destination points.

Goods arriving at the end of a shift do not, by themselves, establish this ground: the employer must establish the circumstances specified by law. A usual increase in customer traffic is not, by itself, listed in Article 62 as a separate ground for overtime.

If a primary trade union organization has been established, the procedures in Articles 62 and 64 of the Labor Code must be observed: informing it about the use of overtime and obtaining permission from its elected body or a trade union representative. For the cases specified in paragraphs 1 and 2 of Part 3 of Article 62, notice may be given during the next working day. Martial law is not grounds for automatically skipping these procedures.

1. The shift manager should record the event that prevents work from being completed on time, which employees are needed and the expected duration.
2. The person responsible for HR should check the legal grounds, whether each employee may be assigned the work, any required consent and the applicable trade union procedures.
3. The employer should issue an order stating the reason, date, employee list and working hours, while the person responsible for timekeeping records the actual hours.
4. Payroll should identify the overtime hours separately and calculate pay under Article 106 of the Labor Code.

This sequence is a practical recommendation for organizing records. The legal grounds and restrictions are set out in Articles 62–65 of the Labor Code.

How to pay overtime and check the monthly total

Under an hourly pay system, overtime hours are paid at twice the hourly rate. Under a piece-rate system, the employee receives an additional payment for each overtime hour equal to 100% of the hourly rate for an employee of the corresponding skill level. Under summarized working-time accounting, all hours above the established limit for the reference period are paid as overtime.

Overtime pay cannot be replaced with time off in lieu. This rule in Article 106 of the Labor Code should be distinguished from compensation for work on a day off under Article 72, which allows another day of rest by agreement between the parties. The documents and calculation should clearly state the basis for the additional work.

Illustrative example of summarized working-time accounting. A store has properly introduced a one-month reference period. Suppose an adult employee’s individual limit for that month is 160 hours, and the schedule provides for 16 shifts of 10 working hours, with rest requirements observed: 16 × 10 = 160 hours. In these circumstances, the 10-hour shifts alone do not create overtime hours.

If, under the same conditions, the employee actually worked 166 hours, the excess is 166 − 160 = 6 hours. At an illustrative hourly rate of UAH 100, pay for those overtime hours is 6 × 100 × 2 = UAH 1,200. The example does not include night hours or work on a day off; the 160-hour limit cannot be applied to other months without a separate calculation.

Basis for the calculation: Article 106 of the Labor Code.

Who may not be assigned night or additional shifts

Nighttime is from 22:00 to 06:00. During martial law, Parts 1 and 2 of Article 54 of the Labor Code do not apply, so a night shift is not automatically shortened by one hour. Night hours must be recorded separately because Article 108 retains the higher pay requirement: under the terms of the applicable agreements and collective agreement, but at least 20% of the hourly rate or salary for each night hour.

Under the general rules in Articles 55 and 176 of the Labor Code, pregnant women and women with children under three may not be assigned night work. During martial law, Article 8 of Law No. 2136-IX sets a special rule: pregnant women and women with a child under one may be assigned night work only with their consent. For women with children aged one to three, this special provision does not require consent specifically because of the child’s age. Employers need to take this distinction into account when preparing night shifts and check for any other restrictions that may apply to the employee.

Article 8 of Law No. 2136-IX also expressly requires the consent of people with disabilities for whom night work is contraindicated under medical recommendations; the special martial law rule applies to this group. For other people with disabilities, Article 55 of the Labor Code requires consent and that the work be consistent with medical recommendations. Before approving the schedule, the employer needs to check which rule applies to the employee and obtain any required consent. If medical recommendations state that the work is contraindicated, it is advisable to offer daytime work.

The special consent rule for night work does not cancel the ban on assigning overtime to pregnant women or women with children under three. Article 176 of the Labor Code also prohibits assigning these employees to work on their scheduled days off. The non-application of Article 71 during martial law does not cancel this separate guarantee. Article 63 also prohibits overtime for minors and for employees who study at general secondary, vocational, professional pre-higher or higher education institutions on class days. Women with children aged three to 14 or a child with a disability need to consent to overtime; people with disabilities must consent, and the work must not conflict with their medical recommendations.

Employees under 18 may not be assigned night work, overtime or work on their days off. Their reduced age-based limits and at least 42 hours of uninterrupted weekly rest remain in force. Even a minor’s written consent does not give the employer the right to disregard these prohibitions.

Before assigning a shift, the person responsible for HR should check the employee’s age, documented entitlements, medical recommendations and any required consent. Under Article 186-1 of the Labor Code, the guarantees in Articles 56, 176 and 177 also extend to fathers raising children without the mother, including because she has been in a medical facility for an extended period; guardians and custodians; one of the foster parents; and one of the parents in a family-type children’s home.

In the relevant circumstances, these employees are entitled to part-time work and protection from night work, overtime and work on days off when raising a child under three. When raising a child aged three to 14 or a child with a disability, they may be assigned overtime only with their consent.

Article 8 of Law No. 2136-IX expressly establishes an exception for night work for pregnant women and mothers of children under one. It does not establish such an exception for a father raising a child under three without the mother or for other people to whom Article 186-1 extends the guarantee in Article 176. Their consent therefore cannot be used to justify a night shift in breach of this prohibition. The rules are set out in Articles 6 and 8 of Law No. 2136-IX and Articles 51, 54–56, 63, 108, 172, 176–177, 186-1 and 192 of the Labor Code.

How to formalize a schedule change and track hours

If the employer changes essential working conditions, including the work schedule or pay terms, the employee must be notified no later than before those changes take effect. This period is set by Part 2 of Article 3 of Law No. 2136-IX in place of the general two-month notice period for the relevant changes. At the same time, Article 32 of the Labor Code links a change in essential working conditions to changes in the organization of production and labor, so the documents should explain the reason for the decision.

If the previous essential terms cannot be maintained and the employee does not agree to continue working under the new conditions, the employment contract is terminated under paragraph 6 of Article 36 of the Labor Code.

In practice, it is convenient to issue an order stating the employees concerned, legal basis, start date, weekly limit, type of timekeeping, reference period if applicable and pay terms. Attach a schedule showing work start and end times, breaks and days off. If the limit is increased at a critical infrastructure facility, separately document the proportional increase in pay.

Employees should be notified before the changes take effect, and proof of notification should be retained. Part 2 of Article 7 of Law No. 2136-IX allows the parties to agree on alternative ways to create, send and store HR documents and on an available method of electronic communication. In practice, it is advisable to record this agreement along with the agreed contact addresses or channels.

Parts 3 and 4 of Article 7 also require the parties to remain reachable and promptly notify each other of changes to contact details, but no later than within 10 calendar days. If a party fails to do so, a notice sent using the last known contact details is deemed proper. If mail and/or electronic communication tools are unavailable at those contacts, the law provides that the notification requirement does not apply. In practice, it is advisable for the employer to retain evidence of the relevant circumstances and attempts to contact the employee.

At the end of each shift, the responsible person should compare actual hours with the schedule. Before payroll is calculated, night hours, work on days off and overtime should be checked separately. Time spent receiving goods, closing the till or doing other assigned work after a shift ends must also be recorded if the employee actually performed the work. The planned schedule alone does not show how many hours the person worked.

Legal basis for formalizing the schedule: Articles 32, 57 and 65 of the Labor Code and Articles 3 and 7 of Law No. 2136-IX.

Tracking shifts and calculating sales assistants’ pay in Torgsoft

The Torgsoft add-on feature “Зарплата та мотивація” (Salary and Motivation) lets users configure retail outlet shifts, employee positions and payment methods: hourly pay according to a schedule, pay per shift, a rate for a period and other components available in the settings. For a position, users can choose to calculate time worked based on shift duration, the employee work log or the team work log. With “За тривалістю зміни” (By shift duration), the program fills in time only for planned shifts, so the responsible person needs to compare it with the work actually performed.

For a shift marked “Понаднормова” (Overtime), a separate payment method can be set per hour or per shift; automatic clock-in to such a shift is disabled. At the same time, the shift duration in the settings may differ from the interval between the specified start and end times, but it must be set within a 24-hour period. Before calculating pay, it is therefore advisable to check the duration, the source of time data and the rates: the shift name alone does not establish overtime under the law or confirm compliance with pay requirements.

In practice, the employer first approves a lawful work schedule, formalizes HR documents, determines actual hours and applicable payments, and then uses the corresponding program settings to calculate pay. The feature works with configured data and does not replace HR time records, a check of the applicable limit or the legal grounds for additional work. Its features and configuration requirements are described in the official Torgsoft Help page “Зарплата та мотивація — Налаштування” (Salary and Motivation — Settings).

Legal sources for schedules and payroll

• Labor Code of Ukraine dated December 10, 1971, No. 322-VIII: Article 32 — changes to essential working conditions; Articles 50–59 — working-hour limits, schedules and rest between shifts; Article 61 — summarized working-time accounting; Articles 62–65 — overtime; Articles 66–73 — breaks, days off and compensation for working on days off; Articles 106–108 — pay for overtime, work on a day off and night hours; Article 172 — part-time work and conditions for assigning people with disabilities to night and overtime work; Articles 176–177 — prohibitions and consent requirements for women employees with family responsibilities, subject to the special martial law rules on night work; Article 179 — work during childcare leave and notice of early termination of leave; Article 183 — paid breaks to feed a child; Article 186-1 — extension of specified legal guarantees to other people raising children; Article 192 — restrictions for minors.

• Law of Ukraine “On the Organization of Labor Relations under Martial Law” dated March 15, 2022, No. 2136-IX: Article 1 — scope; Part 2 of Article 3 — notice of changes to working conditions; Article 6 — working hours, rest, exceptions and proportional pay; Article 7 — HR documents and communication; Article 8 — night work; paragraph 3 of the Final Provisions — the period during which the special rules apply.