Restriction of labor rights under martial law: a constitutional and legal perspective

Abstract

The article examines the constitutional and legal foundations for restricting labor rights during the period of martial law in Ukraine. Under wartime conditions, labor relations undergo significant changes driven by the need to ensure the state’s defense capability, adapt the labor market to security challenges, and support the functioning of critical sectors of the economy, which requires prompt responses to social and labor risks. Particular importance is attached to the flexibility of labor law regulation, which makes it possible to quickly modify the organization of production processes and ensure the continuity of enterprise activities under conditions of increased danger.

The study analyzes legal mechanisms that enable the state to temporarily restrict certain labor rights of employees and employers, including issues of compulsory labor engagement, changes in working hours, the introduction of flexible work arrangements, remote and home-based work, suspension of employment contracts, and restrictions on the right to strike.

The relationship between these restrictions and fundamental constitutional guarantees—such as the right to work, freedom of labor, the right to social protection, and decent working conditions—is examined, taking into account the principles of proportionality, necessity, and legal balance between public interests and human rights. It is emphasized that any restrictions must be temporary in nature, clearly defined by law, and consistent with the democratic standards of the rule of law.

Particular attention is paid to the analysis of Ukraine’s regulatory framework, including legislation on the legal regime of martial law and specific provisions of labor law, decisions of the Constitutional Court of Ukraine, judicial practice, as well as international legal standards in the field of labor. The practice of applying the relevant norms by courts of general jurisdiction is also examined, making it possible to identify trends in law enforcement and problematic aspects of protecting workers’ rights.

The article highlights existing inconsistencies in law enforcement practice, problems of effective control over compliance with labor rights, the limited capacity of state supervision mechanisms under martial law, and the risks of abuse by employers, particularly with regard to unlawful dismissal, non-payment of wages, or forced transfer to other working conditions. Directions for improving legislation and law enforcement practice are outlined.