IMPLEMENTATION AND LIMITATION OF LABOR LAW PRINCIPLES IN WAR CONDITIONS IN UKRAINE

Abstract

The article examines the features of the implementation and restrictions of the principles of labor law of Ukraine in the conditions of martial law, introduced in connection with the armed aggression of the Russian Federation. It is emphasized that the principles of labor law - equality of rights and opportunities in the sphere of labor, freedom of labor, justice, priority of labor protection, ensuring proper working conditions and protection of the rights of employees - are the fundamental basis for the legal regulation of labor relations. At the same time, the war necessitated the need for their certain transformation and adaptation to the realities of the emergency situation. Legislative innovations are analyzed, in particular the provisions of the Law of Ukraine "On the Organization of Labor Relations in Conditions of Martial Law" dated March 15, 2022 No. 2136-IX, which temporarily changed or limited the effect of certain labor guarantees. It was found that during the war, a simplified procedure for concluding and terminating employment contracts, suspending employment relations, narrowing the right to rest, establishing additional grounds for dismissal and flexible working hours are allowed. At the same time, the state guarantees the preservation of key principles: the prohibition of discrimination, the provision of minimum social standards and the right to timely payment of labor. It is concluded that wartime restrictions on the principles of labor law are exceptional and temporary in nature, due to the needs of defense and economic stability. Priority is given to combining the interests of the state, employer and employee while preserving basic human labor rights. The author emphasizes the importance of developing mechanisms for the post-war restoration of the full effect of labor guarantees and bringing the legislation into line with international standards, in particular ILO acts and the practice of the European Court of Human Rights. Thus, the article outlines the theoretical, legal and practical aspects of the functioning of the principles of labor law of Ukraine in wartime, which is important for improving national legislation and ensuring the rights of workers in crisis situations. It is additionally emphasized that the results of the study have not only theoretical, but also applied significance, as they can be used in the formation of state policy in the labor sphere, the preparation of draft regulatory legal acts, as well as in law enforcement practice to ensure a balance between the needs of national security and compliance with the labor rights of citizens.