Employees cannot be dismissed for staying in shelters — lawyers
This is reported by specialists from the Free Legal Aid System.
Lawyers note that during an air raid alert, the priority is to preserve human life and health. During this period, an employee has the right to refuse to perform their duties and go to a shelter, even if management insists on continuing work.
The employer is not obliged to provide its own shelter, but must inform employees and visitors of the location of the nearest shelter and the procedure to follow during an alarm.
An employee's absence from the workplace during an air raid alert is not considered absenteeism if they have informed management of their move to the shelter, if the enterprise does not have safe working conditions, or if the employee has spent time returning after the all-clear.
If it is impossible to perform work in the shelter, the employer may issue a downtime notice. In this case, remuneration shall be paid in an amount not less than two-thirds of the official salary. If the employee can perform their duties in the shelter, this time shall be paid in full.
In the event of a violation of labour rights, the employee may contact the trade union, the State Labour Service of Ukraine or law enforcement agencies.
In its ruling of 12 January 2026, the Supreme Court confirmed that an employee's absence from the workplace due to being in a shelter does not constitute a violation of labour discipline.
