Labour guarantees for employees who joined the Armed Forces of Ukraine during martial law are some of the most important in labour legislation. As has been repeatedly stated in scientific papers, labour legislation should be reformed. Recodification of legal acts in the area of labour relations is the only rational way and it is consistent with the objective need. And at the same time, it should be emphasized that the Labour Code, despite being outdated, still fulfils its function of protecting employees in certain cases. In particular, it concerns article 119 which enshrines guarantees for employees during their fulfilment of state and civil duties.

This safeguard norm prescribed by labour legislation becomes more relevant in times of war. On 20 February 2014, russia launched and still continues a large-scale and unprovoked aggression against independent, sovereign, and democratic Ukraine. The dynamics of amendments to the laws led to different practices in the application of article 119 of the Labour Code. This issue was examined by the Civil Court of Cassation within the Supreme Court afterwards. The paper draws attention to the crucial role of defending the country. In particular, it is reflected in the Constitution which enshrines the special legal status and the higher level of state protection for professional soldiers and those who joined the Armed Forces of Ukraine during the war.

Labour guarantees have been an important instrument for the protection of employees who joined the Armed Forces of Ukraine in times of war. These guarantees develop the constitutional provisions.

The paper includes an overview of the case law of the Constitutional Court of Ukraine regarding the protection of social and labour rights of military personnel. The critical remarks have been given concerning the decision of the Constitutional Court of Ukraine of 06.04.2022 № 1-р(II)/2022.

The current practice of the Civil Court of Cassation within the Supreme Court, which is focused on typical errors made by lower courts and where the Civil Court of Cassation found violations by employers of the current labour legislation, regarding the application of article 119 of the Labour Code has been analysed.

The critical remarks have been given regarding the new text of article 119 of the Labour Code as of 1 July 2022 concerning the removal of provision (guarantee) on retaining average salary along with job and position.