An air raid alarm is a signal to seek safety, not to continue work tasks. But what happens to an employee's salary and status if the siren catches them in the office? The legal conflict between the need to hide and the obligation to work has become one of the main topics of labor disputes under martial law.

Lawyer and Master of Law Yevhen Bulymenko, in a comment for RBC-Ukraine, analyzed the nuances of labor legislation: can you be fired for time spent in a shelter, and how to properly document such absence.

The myth of "making up" hours on weekends

The most common fear among employees is the employer's demand to "make up" hours lost due to an air raid alarm. Managers often suggest compensating for the time spent in the bomb shelter by working on weekends or late evenings on weekdays.

The law gives a clear answer on this: forcing an employee to make up time spent saving their life is illegal. The employer has no right to unilaterally extend the working day or take away weekends, arguing that the employee was absent due to the alarm.

Is time spent in a shelter paid?

The question of payment for time spent in a shelter is also regulated by clear norms. By default, the employer is not obliged to pay for hours when the employee was not performing labor functions but was in a shelter.

However, there are exceptions. If the company's internal rules or the collective agreement state otherwise — for example, that alarm time is paid as working time or as downtime due to the employer's fault — then payment is made according to these documents. If there are no special stipulations, the company does not have to pay for this time, but it also cannot demand it be made up.

How to document absence legally

To avoid accusations of absenteeism, the employee's absence from the workplace during the siren must be documented. Yevhen Bulymenko explains that this is done through a special act.

This document is drawn up by the employer directly on the day of absence. The act serves as the official basis for accounting working time and confirms that the employee was absent not by their own will, but due to circumstances.

Geography of risks: where dismissal for absenteeism is impossible

Protection against dismissal for failure to appear at work directly depends on the status of the territory where the enterprise is located. Labor legislation introduces strict restrictions for employers in zones of active hostilities.

If an employee works directly in territories of active hostilities, their absence from the workplace is automatically recognized as a valid reason. It is impossible to fire such an employee for absenteeism.

However, for Kyiv and other cities in the relative rear, other realities apply. The status of territories is determined by the official List approved by the Order of the Ministry of Communities and Territories Development of Ukraine dated 28.02.2025 No. 376.

The document distinguishes not only zones of active hostilities but also "territories of possible hostilities." The lawyer warns: the protective norm of the law prohibiting dismissal does not apply to these regions. Formally, workers in such zones or in the deep rear are not automatically protected from dismissal for absenteeism if they simply fail to appear for work.

What to do if the employer documents absenteeism

If the employer attempts to document an absence of more than three hours without valid reasons as absenteeism, the only way out for the employee is to appeal the order in court.

To win the case and not lose their job, it is necessary to collect evidence of the validity of their absence in advance. Yevhen Bulymenko advises using:

  • Testimony of witnesses who were also in the shelter;
  • Photo and video materials documenting presence in the shelter;
  • Screenshots of air raid alarm notifications.

It is important to remember: this material is for informational purposes only. In the event of real labor disputes, it is recommended to consult qualified lawyers for professional advice.