The Government of Ukraine is preparing amendments to the rules for businesses operating during air raid alerts. It intends to give entrepreneurs additional months to arrange shelters, allow the use of protective structures outside their own premises, and clarify capacity requirements. Mandatory safety measures are not planned to be cancelled.
On 29 October, Prime Minister of Ukraine Serhiy Koretskyi announced this. According to him, the government presented to business associations amendments to the current procedure for working under a yellow level air threat.
Koretskyi explained that after introducing new rules in September, the authorities discovered that businesses were insufficiently prepared. A significant share of companies, according to him, has not even begun implementing basic requirements on protecting staff and visitors.
The Cabinet intends to extend the transition period, but the postponement will not mean businesses are released from the duty to ensure people's safety. Enterprises will be able to use full-fledged protective structures, as well as mobile shelters, equipped safe spaces and nearby underground shelters.
The new proposals have not yet entered into force. The Ministry of Economy has prepared a draft amendment to government resolutions No. 1092 and No. 138 and sent it to business associations for discussion.
Businesses offered extended deadlines until spring and summer 2027
According to the draft amendment reported on 29 October by the profile publication “Kadrovyk-01”, companies that by 4 December 2026 document that they have begun work on providing access to a shelter or creating a safe space will be allowed to continue operating at a yellow alert level until that work is completed, but no later than 4 April 2027.
For enterprises that need to build or reconstruct a protective structure or a dual-purpose facility, with preparation of project documentation and going through established procedures, a longer period is proposed — until 4 June 2027.
Thus, the draft provides different deadlines depending on the complexity of the required work. However, to obtain a postponement, entrepreneurs will need to confirm that they have actually started fulfilling the requirements.
If an enterprise does not provide access to a shelter or safe space and does not confirm that necessary measures have begun by 4 December, then, according to the proposed procedure, from 5 December it will not be able to continue working under a yellow alert level until the established conditions are met.
The final deadlines and the procedure for confirming readiness will be determined after the amendments are approved. For now, the current ultimate deadline of the transition period remains 4 December 2026.
Use of shelters in neighbouring buildings to be permitted
Another significant change concerns the location of protective structures. The Prime Minister confirmed that an enterprise does not necessarily have to equip its own shelter on its premises.
Entrepreneurs will be able to use shelters located nearby, including jointly with other companies and institutions. The main condition is sufficient capacity for workers and visitors, as well as the actual possibility of access to the safe place.
The draft provides that using a publicly accessible shelter will not require a separate agreement between the enterprise and the organisation on whose balance sheet the protective structure is held.
Shelter capacity requirements will be determined by the number of people simultaneously present on the premises. This applies to both personnel and visitors. Detailed calculation procedure should be clarified by the Ministry of Economy and the Ministry of Internal Affairs.
At the same time, entrepreneurs are obliged to ensure that people are informed about the location of the nearest shelter and about what to do when an air raid alert is declared.
Employee consent and employer obligations
The government also intends to clarify the procedure for agreeing on the operation of enterprises without equipped shelters during the transition period.
According to the prepared draft, the consent of the workforce may be formalised by minutes of a general meeting or conference of employees, or obtained in written form.
The employer must inform personnel about existing risks, the procedure to follow during an air raid alert, and the available places of shelter.
Employee consent in itself does not replace the enterprise's obligation to fulfil safety requirements. The proposed postponement is intended for companies that have begun the necessary measures but cannot complete them within the originally established deadline.
As previously reported by Kurs.com.ua, the Prime Minister stressed that an employer may not force personnel to work under a yellow threat level if the workforce has not given its consent.
What air raid alert rules are in force now
The new procedure for business operation was introduced in September by Cabinet of Ministers Resolution No. 1092, later amended by Resolution No. 1128.
According to the current text of the document, air raid alerts are divided into two danger levels.
- Yellow level is declared when there is a threat of a drone attack. Enterprises may continue to work subject to compliance with established safety requirements.
- Red level applies when there is a missile, missile-drone or massive drone threat. It provides for ceasing work and moving people to shelters.
Enterprises with proper protective structures, temporary or permanent shelters, or equipped safe spaces are allowed to work during a yellow alert.
A three-month transition period was established for companies without shelters from the day the resolution entered into force. Until its end, operation under yellow level is permitted with the consent of the workforce.
Current rules also require enterprises to place information signs about the presence of a shelter, safe space, or their absence. The set size of the signs is 100 by 60 centimetres.
In addition, an enterprise must convey the air raid alert signal to staff and visitors and determine the procedure for employees' actions in case of a threat. Visitors make their own decision on whether to stay on the premises at a yellow danger level.
The draft prepared by the Ministry of Economy also proposes to clarify the classification of air threats: include threats from ballistic and aeroballistic missiles in the red level, and other types of air threats in the yellow level. This proposal does not yet change the current rules.
Military administrations to check compliance with requirements
A separate stage is planned for the beginning of next year. According to Koretskyi, by 4 March 2027 military administrations are to gather information on whether enterprises have fulfilled safety requirements.
Based on this information, the government plans to make further decisions. Thus, the date 4 March is linked to data collection and evaluation of compliance, and is not a single ultimate deadline for arranging shelters for all entrepreneurs.
The Ministry of Economy and the Ministry of Internal Affairs must additionally clarify technical requirements for safe spaces, their capacity and use of neighbouring protective structures.
Until the draft is approved by the Cabinet of Ministers, enterprises must follow the existing regulations and the set deadline of 4 December 2026. The proposed extensions until April and June of next year will become mandatory rules only after the adoption of a corresponding regulatory decision.
