As of October 2026, the safety of pedagogical staff under martial law remains a critical issue for the educational system. According to the official clarification from the Office of the Educational Ombudsman, teachers are not required to leave a safe place or head to school during an active air raid alert. Demands from school administrations to report to work regardless of shelling threats are unlawful, as the priority is the preservation of life and health.
Legal right to safety
Article 2 of the Labor Code of Ukraine explicitly prohibits employers from compelling staff to perform duties in conditions of obvious danger. An air raid alert is classified as an objective circumstance preventing arrival at the workplace. During this time, staying in a shelter is considered a valid reason for absence. The Ombudsman emphasizes that time spent reaching a shelter and returning must also be considered justified.
Responsibilities for shelter maintenance
It is important to understand that building owners, not teachers, are responsible for the operation and maintenance of shelters. Denying citizens access to a protective structure carries administrative or even criminal liability if it leads to tragic consequences. Pedagogical staff may be involved in civil protection units only on a voluntary basis, meeting strict health and age requirements.
Contradictory data
Despite the Ombudsman's explanations, there is a varying approach to work organization across different regions of Ukraine. While the Ombudsman’s Office insists on safety, some local education departments may issue local orders requiring personnel presence to ensure educational continuity. These discrepancies create a legal collision where teachers find themselves torn between workplace discipline and personal safety requirements.
If an employer exerts pressure, demanding attendance during an alert, teachers have the right to contact the trade union, the State Labor Service of Ukraine, or the National Police. The Educational Ombudsman calls for establishing clear action protocols in collective agreements, ensuring basic labor rights are not violated.
