JUDICIAL PROTECTION OF LABOR RIGHTS IN MARTIAL STATE CONDITIONS: PROBLEMS OF LAW ENFORCEMENT AND WAYS TO IMPROVE LABOR LEGISLATION

Abstract

The article provides a comprehensive analysis of the judicial protection of labor rights and legitimate interests of employees under martial law as a key tool for ensuring the rule of law in the labor sphere. It is substantiated that full-scale armed aggression and the introduction of a special legal regime have brought to the fore the problems of regulatory uncertainty, conflicts and gaps in labor legislation, which leads to an increase in the number of labor disputes. It has been proven that judicial practice actually performs a compensatory function, specifying the limits of the employer’s discretion, the criteria for the legality of suspending the employment contract, changing essential working conditions, holding the employee liable for material and disciplinary liability, as well as the grounds for terminating employment relations and reinstating them, etc. Based on a generalization of the legal positions of the Supreme Court, the main trends in law enforcement were identified: strengthening the requirements for proving the legality of the employer’s decisions, establishing the principle of proportionality when restricting labor rights, ensuring the reality and timeliness of wages, and the imperative of fulfilling the employment standard for persons with disabilities. The social significance of judicial protection in conditions of prolonged stress and economic instability is emphasized, as well as its impact on the formation of citizens’ trust in the state. It is concluded that a systematic analysis of judicial practice should become the basis for improving the labor legislation of Ukraine, in particular, in terms of codification, a clear definition of procedural guarantees and ensuring a balance of interests of employees, employers and the state during martial law and post-war recovery. Based on the analyzed judicial practice, proposals and recommendations are made for improving the labor legislation of Ukraine.