Is time spent in a shelter during an alert paid? What the law says
An employee’s stay in a shelter during an air raid alert does not constitute grounds for forcing the employee to “make up” for lost time. This was stated by Yevgen Bulimenko, an attorney and Master of Laws.
According to him, an employer has no right to unilaterally extend the workday or force an employee to work on weekends to make up for time spent in a shelter.
At the same time, the law does not require an employer to pay for hours during which an employee did not perform their job duties due to being in a shelter, unless otherwise provided for in a collective bargaining agreement or the company’s internal rules.
The expert also explained that an employee’s absence from the workplace during an air raid alert must be properly documented by the employer in a special report.
According to Bulimenko, employees in areas of active combat operations have legal protections against dismissal for failing to report to work. However, for employees in rear areas or in territories where combat operations may occur, there are no such automatic guarantees; therefore, in the event of a dispute, it is important to have evidence of being in a shelter—such as photos, videos, or eyewitness testimony.
Source: Attorney Yevhen Bulimenko.
The Kharkiv Regional Prosecutor’s Office has initiated proceedings to return protective structures to state ownership; according to the investigation, these structures were illegally transferred to private owners.
