Starting from February 24, 2022, when a legal regime of martial law was introduced in Ukraine, the activities of all spheres of public and economic life have undergone significant transformations. This also affected the system of state control, particularly the inspection activities of the State Labour Service — the body responsible for overseeing compliance with labor legislation. The conditions of martial law necessitated a special approach to inspections that combines minimizing the pressure on business while simultaneously preserving the rights and guarantees of employees in a critical situation.

Legislative foundations of inspections during martial law

The main regulatory acts governing the activities of the State Labour Service under martial law are the Law of Ukraine No. 2136-IX dated 15.03.2022 “On the organization of labor relations during martial law,” the Law of Ukraine No. 877-V dated 05.04.2007 “On the principles of state supervision (control) in the sphere of economic activity,” and Cabinet of Ministers Resolution No. 303 dated 13.03.2022 “On the suspension of state supervision (control) measures during martial law.” In particular, the latter document established a moratorium on scheduled inspections of enterprises and individual entrepreneurs for the duration of martial law to reduce administrative burdens and promote stable business operations in extraordinary circumstances.

At the same time, the prohibition of inspections is not absolute — the legislation clearly specifies exceptional cases granting grounds for unscheduled inspection measures.

Categories of inspections and their conditions

Scheduled inspections conducted according to the annual control plan are currently completely prohibited. The formation of such plans may continue, but they will not be implemented until martial law is lifted or a separate decision is made by the Cabinet of Ministers of Ukraine.

Unscheduled inspections may only be conducted if specific grounds defined by law exist. These grounds include complaints from employees or trade unions regarding labor rights violations, notifications from local self-government bodies or military administrations, as well as situations related to accidents, industrial injuries, or occupational diseases. Inspections may also be initiated by government mandate or court decision.

Special attention is given to cases where there is a threat to the life or health of workers or environmental safety. Under these conditions, the State Labour Service has the right to immediately respond to specific risks that cannot be ignored even during martial law.

Inspection procedure

The State Labour Service conducts inspections according to a strictly defined algorithm. First, the relevant complaint is registered, or the basis for control is recorded. On this basis, an official order to conduct the inspection is issued. Then, the inspector carries out an examination or inspection visit, collects information, interviews employees, and checks documents.

Based on the inspection results, an act is drawn up, on the basis of which, if violations are found, the employer may be issued an order requiring elimination of the violations or a protocol on administrative offense may be drawn up. The inspection also monitors compliance with such orders.

The overall duration of an unscheduled inspection for enterprises and organizations does not exceed 10 working days, and for small businesses — 2 days, allowing control to be executed without excessive delays in operations.

Scope of the State Labour Service during martial law

The State Labour Service retains authority to control compliance with labor legislation — timeliness and completeness of wage payments, legality of labor relations, including detection of undeclared workers (“shadow employment”). Special attention is paid to occupational safety — ensuring safe conditions, investigating accidents, preventing emergencies and occupational diseases.

Starting July 2025, legislation prohibiting mobbing (workplace bullying) will come into force in Ukraine — this area will also be under control.

The inability to conduct scheduled inspections does not exempt employers from responsibility for compliance. Unlike pre-crisis times, inspection attention now focuses on actual threats and violations that can lead to serious consequences for workers and society.

Inspection powers and employer rights

Inspectors of the State Labour Service are authorized to request documents, conduct examinations, interview hired workers, and temporarily access administrative and production premises of enterprises. If violations are found, they may issue orders, draw up administrative protocols, and initiate administrative responsibility, including fines according to the Labor Code.

Employers have the right to receive a copy of the inspection order, familiarize themselves with its grounds, invite representatives (including lawyers) to the inspection, provide explanations in oral or written form, and appeal any decisions or actions of the State Labour Service in court.

Practice and challenges

During the years of martial law, the number of unscheduled inspections has significantly increased, driven by the growth of complaints from employees and requests from military administrations. Inspections of enterprises in critical infrastructure and with heightened risks to life and health have been particularly active.

Courts and the State Labour Service assess violations considering martial law conditions: serious violations posing threats to life are strictly punished, while formal deficiencies that are quickly rectified may not result in severe penalties, positively affecting business stability.

Businesses are advised to develop a systematic approach to personnel management, internal audits, legal support, and timely response to identified risks. Successful adaptation is characterized by the ability to anticipate possible inspections, enhance transparency of labor relations, and maintain constructive dialogue with controlling authorities.

Conclusions

Martial law has changed approaches to labor law compliance control in Ukraine, leading to a moratorium on scheduled inspections and focusing attention on emergencies and real threats. Despite the easing of formal oversight, this regime requires increased responsibility, adaptability, and rigorous compliance with legal norms from employers. In such circumstances, the strategy for success is preventive work and professional legal support.

Author: Managing Partner of the Law Firm “WINNER,” PhD in Law — Ihor Yasko