In this article, the author reveals some problems of using a remote form of work organization during the period of martial law. The author emphasizes that the conditions for the use of remote work in the conditions of martial law have changed and not for the better for employees.
 During the armed aggression, the introduction of remote work became even more important in order to support the country’s economy and help employers and employees organize the work process. Although the Labour Code of Ukraine does not contain restrictions on the use of remote work from abroad by persons working for domestic employers, in wartime there are separate legislative acts that introduce such restrictions (in particular, regarding civil servants, employees of economic entities state sector of the economy). The author focuses on whether such prescriptions-restrictions are not discriminatory, because in remote work, the most important thing is that the employee properly fulfils his/her duties, regardless of where he will actually perform his/her work functions from? In addition, the author emphasizes the lack of objectivity of the prescriptions that gave employers the right to apply disciplinary sanctions against those employees (of the public sector of the economy) who will not perform their labour duties on the territory of Ukraine. The author emphasizes that telecommuting in its essence is a form of work organization that gives freedom to the employee in choosing the place of performance of his/her work function, and the restriction of this freedom nullifies the very nature of telecommuting.
 In cases of the spread of an epidemic, a pandemic, the need for self-isolation of an employee in cases established by law, and/or in the event of a threat of armed aggression, an emergency situation of man-made, natural or other nature, the introduction of remote work is the right of the employer. The Labour Code of Ukraine does not require the employee’s consent. The employer is only obliged to familiarize the employee with the order before the date from which remote work is introduced, within two days from the day of its adoption. If the employee cannot work remotely during the existence of the specified circumstances, then the employer can exercise his right to declare layoff or suspend the employment contract.