Optimization of labor legislation under martial law

Abstract

The unprecedented challenges that have faced the labor relations system in Ukraine under martial law – mass population displacement, mobilization processes, the destruction of enterprises, and the transformation of the labor market – require new approaches to the legal regulation of labor relations that would ensure a balance between employee protection and the flexibility of employers' actions. The purpose of the study is to generalize scientific approaches to regulating labor relations during martial law, identify legal conflicts between special and general labor legislation, and substantiate directions for its optimization to improve the effectiveness of law enforcement practice. The methodological basis includes comparative-legal, system-structural, formal-legal, and analytical methods, which enable a comprehensive examination of legislative changes, domestic scholarly opinions, and the practical implementation of labor law norms in wartime conditions. The results show that, despite the flexibility provided by the Law of Ukraine «On the Organization of Labor Relations under Martial Law», the current legislation remains fragmented and contains numerous conflicts that complicate its practical application. A disbalance between labor, administrative, and military law has been identified, leading to an ambiguous interpretation of the legal status of specific categories of employees during wartime. An analysis of judicial practice revealed inconsistencies regarding the legitimacy of suspending labor contracts, the conditions for reinstatement, and the reimbursement of average earnings during forced downtime. The paper proposes directions for improving labor legislation, specifically by streamlining special norms within a separate code, strengthening the role of trade union institutions during martial law, and adapting labor guarantees to EU standards. These measures will ensure the stability of legal regulation, increase social protection for employees, and align the Ukrainian model of labor law with European principles of justice, dignity, and social responsibility.