Under martial law in Ukraine, a company may temporarily lose the ability to provide its employees with work. Suspension of the employment contract, idle time (downtime) and unpaid leave have different grounds and consequences. The mechanism must be chosen based on the actual circumstances, not only on how long there have been no tasks.
The client's task: keeping the team while work is stopped
An international company servicing oil and gas production equipment couldn't continue part of its work. Its sites were in temporarily occupied territories and near combat zones, and there were threats to people and equipment.
Some employees had no tasks for a long time; others were engaged periodically, depending on the security situation. The employer wanted to keep its staff and professional expertise until operations resumed.
Grounds for suspending an employment contract
Suspension is possible if armed aggression against Ukraine makes it impossible, at the same time, for the employer to provide work and for the employee to perform it. The mere absence of orders or tasks for a month isn't enough. The impossibility of performing obligations by both parties must be supported by evidence. Commentary of the Ministry of Economy of Ukraine (in Ukrainian).
From March 14, 2026, the period of suspension at the initiative of one party is limited to 90 calendar days in total, including extensions. Any further extension requires the consent of both parties and can't last longer than the period of martial law. Explanation of the State Labor Service of Ukraine (in Ukrainian).
Documenting and paying for idle time
Idle time applies when work stops due to the absence of the necessary organizational or technical conditions or other circumstances.
Idle time through no fault of the employee is paid at no less than two-thirds of the wage rate or salary. This is a minimum guarantee, not necessarily the final amount of pay.
If a production situation has arisen that is dangerous to the life or health of the employee or the people around them and to the natural environment, through no fault of the employee, their average earnings are retained. So in cases involving safety threats, the ground and the amount of pay must be assessed separately. Guidance of the State Labor Service on paying for idle time (in Ukrainian).
If an employee performs tasks periodically, the time worked and the idle time must be separated in the documents, the timesheet and the calculations.
Grounds for unpaid leave
Such leave is granted at the employee's own request. The employer can't use it as a substitute for idle time by forcing the team to submit leave requests.
During martial law, the employer must grant unpaid leave of up to 90 calendar days at the request of an employee who has left Ukraine or has obtained the status of an internally displaced person (IDP). Other unpaid leave is granted on the relevant legal ground. Guidance of the State Labor Service (in Ukrainian).
Decisions for different groups of employees
For different groups of employees, the company used suspension of contracts, idle time and leave at the employees' own request.
When assessing such a decision, it's important to distinguish between:
- Prolonged impossibility of work: for suspension, its connection with the armed aggression and the impossibility of performing obligations by both parties must be confirmed.
- Periodic engagement: working periods and idle time are formalized separately, with the corresponding pay.
- The employee's personal need for leave: the employee's request and a proper legal ground are required.
The rules on time limits in this article are current as of October 9, 2026. The lawfulness of earlier decisions is assessed under the rules in force on the date they were made.
What documents to prepare
The package depends on the chosen mechanism:
- confirmation of the circumstances preventing work;
- a suspension order stating the reasons, the period, the method of exchanging information and the conditions for resuming work;
- an idle time order identifying the employees, the period, the conditions of presence at the workplace and the pay procedure;
- employees' leave requests and orders for unpaid leave;
- documents confirming acknowledgment, notification and approval;
- timesheets that match the actual periods of work and absence.
The suspension periods and the conditions for resuming work must be monitored. In particular, in the cases provided for by law, when the contract is resumed, the employer must notify the employee of the need to return to work no later than 14 calendar days in advance. Law No. 2136-IX, Article 13 (in Ukrainian).
The result and the role of HR administration
According to the case description, the employer kept its team and gained time to develop alternative projects.
UHY Prostir assists in assessing the grounds for HR decisions, preparing orders and internal rules, and organizing timekeeping, payroll calculations and communication with employees.
