Peculiarities of night work under martial law. LabourProtection Problems in Ukraine

Purpose. The article aims to highlight the peculiarities of the legal regulation of night work in Ukraine under martial law through a comparative analysis of Article 8 of the Law of Ukraine No 2136-IX, the provisions of the Labour Code and the relevant ILO conventions. Design/methodology/approach. The study employs systemic, comparative-legal and formal-dogmatic methods, together with content analysis of court decisions from 2022–2025 and collective-bargaining clauses. An additional empirical base is formed by open data from the State Labour Service on actual practices of engaging employees in night work. Findings. The temporary abolition of limits on night-shift length and on the categories of employees who may be assigned to night work is justified by economic and defence needs but must not undermine the primacy of human rights. Written consent is mandatory for pregnant women, employees with children under one year of age and persons with disabilities. The statutory minimum night-work premium of 20 % of the hourly wage offers baseline protection; higher coefficients are advisable, taking into account occupational risks and an enterprise’s financial capacity. Research limitations/implications. The analysis relies on open data that exclude the informal sector and do not fully capture industry-specific nuances; the absence of a government list of industries in which women’s night work is “especially necessary” complicates the development of universal recommendations. Practical implications. The article provides a structured procedure for documentation, timekeeping and remuneration of night work that can be incorporated into the local normative acts of any enterprise. Originality/value. For the first time, the article demonstrates the link between wartime economic challenges and the transformation of guarantees for night work, and proposes a concept for balancing the interests of the state, business and workers—potentially serving as a foundation for the post- war modernisation of Ukraine’s labour legislation.