Christmas and New Year days off: should we move working days?

In Ukraine during martial law, the rules for Christmas and New Year holidays have changed significantly: there are no longer formal state‑funded “long breaks”, but an employer may still arrange the schedule so employees have days off for Christmas and New Year without breaching normal working‑time limits.​

Holidays and days off

Previously, the list of public holidays and non‑working days was set by Article 73 of the Labour Code, it was used to calculate the annual working‑time balance, and the government each year recommended moving workdays to create “long weekends”. After the introduction of martial law, the effect of Article 73 has essentially been suspended: holidays and non‑working days as a separate category are not applied, and all weekdays are automatically considered working days.​

From a legal perspective, 25 December and 1 January are therefore no longer additional days off. The employer only has to respect the working‑time limits (usually 40 hours per week, and for critical infrastructure in wartime up to 60 hours), and within this limit may flexibly allocate working hours and days.​

Can employees have Christmas and New Year off

Despite the abolition of “public holiday” status, an employer can still give employees proper rest by: setting additional days off with Saturday make‑up work, reducing the monthly working‑time norm, or using annual leave, compensatory time off, and flexible schedules. In practice, employers most often choose additional days off with transfer: 25 December or 1 January is treated as a non‑working day, and work is moved to a Saturday so the annual hours and pay remain unchanged.​

Transfer vs extra day off

Legally, two approaches must be distinguished: “to transfer a working day” means keeping the total monthly working hours unchanged while modifying the schedule (for example, working on Saturday instead of Thursday). “To grant an additional day off without make‑up work” means in fact reducing the monthly working‑time norm while paying the same wage, which not every company can afford.​

The core idea of labour law is to balance working‑time norms and the wage fund, therefore most employers choose transfers: staff rest on the key date, and working hours are compensated on another day.​

How to formalize transfers

To avoid risks during labour inspections, transfers and additional days off must be documented correctly.​

Basic algorithm:

Working‑time analysis: HR or accounting calculates the monthly working‑time norm and options to maintain it, taking into account the desired days off on 25 December and 1 January.​

Draft order: an internal order is prepared specifying which dates are non‑working (for example, 25 December 2025, 1 January 2026), to which dates work is moved (usually one or two Saturdays), which employee categories are covered (for example, office staff and duty shifts), and that pay is as for ordinary working days, without surcharges but with make‑up work on another day.​

Informing employees: the order is communicated to staff against signature in advance, preferably a few weeks before the festive period, so they can plan personal time, leave, and travel.​

Adjusting schedules: those responsible for timesheets and shift schedules update the records – timesheets, shift rosters, and working‑time accounting documents.​

For continuous production processes or facilities that cannot stop (healthcare, energy, transport, communications), transfers must reflect shift work: some employees may work on the festive day, and compensation is provided through higher pay or a compensatory day off later.​

Public and municipal sector specifics

For public authorities, municipal enterprises, and budget‑funded institutions, the situation is more complex. On the one hand, they may also use transfers and additional days off, for example by decision of a local council executive committee. On the other hand, such decisions must respect national working‑time standards, service schedules for the population, and budget constraints.​

In practice, city councils often adopt recommendatory decisions: they set specific transfer days for their own staff, executive bodies, and municipal services, and suggest that private employers align with this schedule where it does not harm business operations. This helps synchronize the work of transport, administrative service centres, educational institutions, and businesses.​

What employers should consider

When planning a festive schedule, management should weigh several factors:

Business specifics – whether work can fully stop on Thursday and be compensated on Saturday, or whether some processes must run continuously.​

Expected workload – in many sectors (retail, online services, delivery) demand peaks before holidays, and days off may be impractical.​

Staff motivation and corporate culture – an extra day off, even with make‑up work, is often seen as a sign of goodwill and increases loyalty to the employer.​

Legal risks – any schedule change must be set by an order, aligned with the collective agreement, and must not violate minimum guarantees (length of the working week, rest rights, and pay).​

Under martial law there is an additional restriction: official nationwide transfers at Cabinet level are prohibited, as the law cancels state‑wide additional days off and related government decisions. Responsibility for balancing production needs with employee comfort now lies directly with each employer.​

Conclusions for employers

Days off on Christmas and New Year are no longer guaranteed by the state and are formally ordinary working days, so rest and any transfer of work are determined by each employer. The law allows employers to set additional days off, move work to Saturdays, and flexibly adjust schedules without breaching working‑time norms. It is crucial not only to issue orders correctly but also to explain transparently to employees the reasons for transfers and the forms of compensation, so that the festive period avoids conflicts and instead strengthens the team.​

Author – Svitlana Krutorohova, attorney at the WINNER Law Firm. If you have questions or issues related to organizing working time, transferring working days, or drafting festive‑period orders, feel free to contact the firm’s labour and tax law team.