Martial law is not an excuse: the Rada wants to clarify the rules for dismissal for absenteeism

The Verkhovna Rada proposes to regulate one of the most controversial norms of labor legislation – dismissal of employees for absenteeism. This concerns cases of absence from work for more than three hours, which today are often interpreted differently by employers and become the subject of legal disputes.

The draft law provides for amendments to Article 40 of the Labor Code of Ukraine and obliges employers to clarify the validity of the reasons for the employee’s absence before dismissal. The goal is to unify approaches and reduce the number of conflicts that are resolved in court.

What will be considered a valid reason

The document proposes to establish a list of circumstances that may objectively prevent employees from going to work. Among them:

emergencies (fires, floods, natural disasters);
transport disruptions or accidents;
military operations and air raids;
fulfillment of civic duty;
caring for a sick family member;
health status;
absence with the permission of the manager.

These are precisely the circumstances that the employee cannot eliminate on his own.

Martial law is not a universal excuse

At the same time, the issue of recognizing martial law as a valid reason for absence remains debatable. Experts warn: the automatic extension of this norm to the entire territory of Ukraine may create risks of abuse.

The legal position has already been formed by case law. The Supreme Court emphasizes: the very fact of the introduction of martial law is not a sufficient basis for justifying absenteeism – it is necessary to prove how these circumstances affected the employee’s ability to appear for work.

At the same time, current legislation already provides for the protection of employees working in zones of active hostilities – they cannot be dismissed for absenteeism.

Air raid alert and other objective factors

Special attention is paid to the “air raid” signal, which is recognized as an objective circumstance that may prevent the performance of labor duties. The law obliges citizens to respond to such signals, which effectively eliminates liability for absence during this period.

Absence by agreement with the manager can also be considered a valid reason – in this case, there is no element of a disciplinary offense.