Length of working hours during wartime: what norms can be referred to?

After the start of the hostilities, specifically on March 13, 2022, the Verkhovna Rada adopted the law No. 2126. The document regulates labor relations during martial law.

How have the norms for determining working hours changed, and what should entrepreneurs pay attention to?

Features of working shifts during martial law

During the martial law period, for employees of enterprises that are part of critical infrastructure, working hours may be extended up to 60 hours per week. This norm applies to organizations involved in defense production or ensuring the livelihoods of the population.

An employer can set a reduced working time of up to 40 hours per week if this norm is provided by law specifically for the enterprise. In this case, the manager independently determines the start and end times of the daily shift for their employees.

The employer can set reduced working hours if there are dangerous or harmful working conditions at the enterprise. In this case, workers in such conditions may have the right to a reduced workweek. To do this, an assessment of the workplace must be conducted and compared with working conditions.

It should also be noted that the period of martial law does not grant the employer the right to use unlimited working hours. Otherwise, it will directly violate the norms established by the current Labor Code. The same rule applies to the use of overtime work in cases not permitted by law.

The enterprise manager independently determines:

• the number of working days per week: 5-day or 6-day;

• the start and end times of the shift each day;

• the duration of uninterrupted rest each week: during martial law, it can be reduced to 24 hours.

Working hours for employees of enterprises not belonging to critical infrastructure

If the enterprise is not part of critical infrastructure, the manager cannot increase the working time norms for employees. Therefore, in this case, the duration must comply with the provisions of Articles 50 and 51 of the Labor Code.

Rest days during martial law

During martial law, employees may be granted only 24 hours of rest consecutively each week, instead of the usual 42 hours.

Additionally, during this time, the following has been canceled:

• any restrictions on overtime work;

• the transfer of a day off when a non-working or public holiday falls on a weekend;

• the prohibition on working on a day off;

• shortened working hours before a day off, non-working, or public holiday.

Overtime work norms

During the martial law period, the norm regulating the establishment of overtime hours has been temporarily suspended.

The current norm allows the employer to involve the employee in overtime work for more than 4 hours over two days or 120 hours per year.

Justification for the need for overtime work

To justify the need, the enterprise manager must submit a report. The document must specify:

• the circumstances that require the application of an irregular work schedule;

• the employees who will work overtime;

• the duration of the overtime work.

The company manager will then prepare an order to formalize the overtime work.

Is overtime work compensated during martial law?

Although overtime work may exceed the established hours for each employee, these hours will be considered worked and therefore subject to compensation and payment at double the rate.

Overtime work payment

The employer cannot compensate overtime work with time off. Payment for overtime depends on the wage system established at the enterprise. That is, it can be:

1. Hourly payment: when a double rate is calculated based on the hourly rate for each hour worked.

2. Piece rate: the employee will receive an additional payment equal to 100% of the hourly tariff rate.

3. Summarized working time accounting: when all hours worked beyond the standard working time will be paid as overtime.

In today's conditions, every enterprise that is a critical infrastructure object establishes its schedule and working hours norms for a 5-day or 6-day working week, without taking holidays into account.