Нові норми захисту працівників у рітейлі: Постанова № 1128 та вимоги до укриттів

Business rules during a Yellow alert level from 4 December

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Business rules during a Yellow alert level from 4 December

Key point. CMU Resolution No. 1128 was adopted on 15 September 2026, published in the official gazette Uriadovyi Kurier and came into force on 18 September 2026. It amends CMU Resolution No. 1092 of 04.09.2026, which has been in force since 4 September 2026. For retail this means one thing: trading during a “Yellow” air-raid alert level is permitted only where a confirmed shelter or safe space is available.

The transition period during which a store without a shelter may still operate, subject to agreement with the workforce, runs until 4 December 2026 — three months from the entry into force of Resolution No. 1092. After that date, operating during an alert without a shelter is a direct breach of civil protection requirements.

What exactly has changed

  • Operating during a “Yellow” alert level is permitted only where a confirmed shelter or safe space is available.
  • The transition period without a shelter lasts no longer than 3 months from the entry into force of Resolution No. 1092, i.e. until 04.12.2026, and only subject to agreement with the workforce.
  • The employer must display an information sign measuring 100 × 60 cm at the entrance.
  • Any employee “waivers” renouncing claims against the employer are legally void (Article 9 of the Labour Code of Ukraine).
  • An employee has the statutory right to refuse dangerous work (Article 6 of the Law “On Labour Protection”).

A store in a shopping centre: what the tenant should do

Many shopping and entertainment centres effectively urge tenants to keep trading during a “Yellow” alert. However, without an official inspection report, a shelter passport or a calculation of the explosion overpressure (in kPa), a tenant store has no legal grounds to treat its premises or the centre’s common areas as protected.

Tenant action plan:

  1. Send an official written request to the shopping centre administration. Ask for copies of the documents confirming the status of the shelter or safe space, the capacity calculation covering the staff and visitors of all tenants, and the approved evacuation route plan.
  2. Display the 100 × 60 cm information sign. Until written confirmation is received from the centre, the entrance must carry the sign “Facility not provided with a shelter”. Once the documents are received, it is replaced with “Facility provided with a shelter” (or a safe space).
  3. Observe the 04.12.2026 deadline. Subparagraph 2 of paragraph 1 of Resolution No. 1092 allows temporary operation, subject to agreement with the workforce, until a shelter is arranged, but for no longer than 3 months. After 4 December 2026, operating in a shopping centre without a confirmed shelter entails full employer liability.

The request to the shopping centre should list the required documents explicitly:

  • a certified copy of the inspection report (passport) of the civil protection shelter, the simplest shelter or a dual-purpose structure — or a safe space calculation based on explosion overpressure in kPa;
  • the design capacity of the shelter, taking into account the staff of all tenants and the expected visitor flow;
  • the approved evacuation route plan from the store premises to the centre’s shelter.

A standalone store without a shelter

If the store occupies a street-front or standalone building with no basement, no dual-purpose structure and no way to implement space-planning solutions rated for explosion overpressure, creating “improvised safe places” — for example between shelving units — is legally prohibited. Mobile modular shelters likewise do not qualify as safe spaces until they pass a technical inspection by certified experts.

  1. Mark the facility. A mandatory 100 × 60 cm sign reading “Facility not provided with a shelter” is placed on the entrance doors.
  2. Alert procedure. On a “Yellow” or “Red” level signal, customer service stops immediately. Staff announce the air-raid alert and direct visitors to the nearest public shelter. Visitors may remain on the premises or leave at their own discretion (subparagraph 2 of paragraph 1 of Resolution No. 1092).
  3. Operations after 4 December 2026. From 04.12.2026, operating a standalone store during any air-raid alert without a shelter is a direct breach of civil protection requirements, carrying the risk of criminal and civil liability in the event of an accident.

Why employee waivers do not work

Some businesses try to make employees sign statements saying they “work during alerts at their own risk” and “waive any claims against the employer”. Such documents have no legal force:

  • Waivers of rights are void (Article 9 of the Labour Code). Terms of employment contracts or internal acts that worsen an employee’s position compared with the law are invalid. An employee’s signature does not relieve the employer of liability.
  • The right to refuse dangerous work (Article 6 of the Law “On Labour Protection”). An employee may refuse assigned work where a situation dangerous to their life or health has arisen. Coercion or disciplinary action for such a refusal is unlawful.
  • The employer’s duty (Article 13 of the Law “On Labour Protection”). The employer must provide safe working conditions at every workstation and maintain a functioning labour protection management system.
  • Insurance payments are preserved (Article 16 of Law No. 1105 and Procedure No. 337). Even if an employee was at the workplace during an alert or breached the rules, this does not deprive them or their family of insurance payments. An accident is investigated by a special commission in any event.

How to document an employee’s refusal correctly

  1. Record downtime through no fault of the employee (Article 113 of the Labour Code). For employees who refuse to work during an alert where there is no shelter, the suspension of work is formalised by a downtime order and paid at no less than two thirds of the wage rate or salary.
  2. Introduce individual schedules and voluntary participation. Work during a “Yellow” alert where a confirmed shelter exists is carried out subject to agreement with the workforce. Employees who wish to go to the shelter must be able to do so without obstruction.
  3. Replace waivers with an acknowledgement log. Instead of waivers, keep a log acknowledging the air-raid alert procedure. A signature confirms that the employer has met its duty to inform, not that the employee has waived any rights.

Operating modes and legal risk matrix

Facility categoryUntil 04.12.2026After 04.12.2026Employer risk
Store in a shopping centre with a confirmed shelterTrading during a “Yellow” alert is allowed provided staff are informedTrading allowed where a shelter or safe space is availableLow — provided notification rules are followed and the shelter report exists
Store in a shopping centre without documents from the centreAllowed subject to agreement with the workforce, “not provided” sign displayedProhibited to trade during an alert without a certified shelterHigh — criminal liability under Articles 271, 272 of the Criminal Code in case of injury
Standalone premises without a shelterTemporarily allowed subject to agreement with the workforce until 04.12.2026Full stop of operations on an “Air-raid alert” signalCritical — full employer fault in case of an accident, Derzhpratsi fines

What to do right now

  1. Determine your facility category: a store in a shopping centre or standalone premises, with or without a confirmed shelter.
  2. If you are a shopping centre tenant, send a written request to the administration and record the date of delivery.
  3. Produce and display the 100 × 60 cm sign with the appropriate wording.
  4. Issue an order on staff conduct during an “Air-raid alert” signal and on downtime pay.
  5. Start an acknowledgement log and withdraw all “claim waiver” documents from circulation.
  6. Plan the arrangement of a shelter or a change of operating hours before 4 December 2026.

Frequently asked questions

From what date do the new worker protection requirements in retail apply?

CMU Resolution No. 1128 was adopted on 15 September 2026 and published in the official gazette Uriadovyi Kurier on 18 September 2026 — the date it came into force. It amends CMU Resolution No. 1092 of 04.09.2026. The transition period for operating without a shelter runs until 4 December 2026.

Can a store operate during a “Yellow” alert level without a shelter?

Temporarily yes — until 04.12.2026 and only subject to agreement with the workforce, with the mandatory sign “Facility not provided with a shelter”. After 4 December 2026, operating during an alert without a confirmed shelter or safe space is prohibited.

What sign is required and what size must it be?

An information sign measuring 100 × 60 cm is displayed at the entrance: “Facility not provided with a shelter” or, where supporting documents exist, “Facility provided with a shelter” or a safe space.

Does an employee waiver about working at their own risk protect the employer?

No. Such documents are legally void under Article 9 of the Labour Code of Ukraine: terms that worsen an employee’s position compared with the law are invalid. An employee’s signature neither relieves the employer of liability nor deprives the employee of insurance payments.

How is time paid when an employee refuses to work during an alert?

The suspension of work is formalised by a downtime order through no fault of the employee under Article 113 of the Labour Code and paid at no less than two thirds of the wage rate or salary.

Can a safe place be set up between shelving units in the sales area?

No. Creating improvised safe places is legally prohibited. Mobile modular shelters likewise do not qualify as safe spaces until they pass a technical inspection by certified experts.

What if the shopping centre does not provide shelter documents?

Send a written request listing the required documents and record the date of delivery; until a reply is received, display the “Facility not provided with a shelter” sign and stop serving customers during an alert signal. The written request is key evidence of the employer’s good faith.

Need help with the paperwork for your stores?

The Dextra Law team prepares document packages for retail chains under the new requirements: requests to shopping centres, orders on staff conduct and downtime pay, acknowledgement logs and internal labour protection acts. We support FMCG and Retail business and Derzhpratsi inspections — contact us to bring your stores into compliance before 4 December 2026.

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