Марія Бровінська Work 26 January 2026, 13:24

In Sumy region, a programmer decided to appeal his employer's demand to switch from remote to office work. What happened?

A programmer at Indychka LLC decided to appeal working conditions in the Sumy District Court. We tell you the details.

According to the case file, the plaintiff challenged the employer’s orders to terminate telework and establish part-time work. He argued that the changes were significant and were introduced without his consent, and that the employer failed to properly inform him of the orders. The programmer requested that the order to terminate telework and the order to establish part-time work be annulled.

When hiring the plaintiff for the position of programmer of the economic department of LLC «Indychka», the company did not create a workplace for him, therefore, by order, remote work was introduced for him from April 15, 2022 until the end of martial law. Since the plaintiff was hired and remote work was introduced for him, the IT specialist has worked remotely, and considers the defendant’s decision to change working conditions unlawful.

The programmer claimed that he was not familiar with the order. He drew attention to the fact that at the time of approval of the order to terminate his remote work, martial law in Ukraine had not been lifted. Therefore, the disputed orders were adopted contrary to the terms of the previous order to introduce remote work. He believes that the termination of remote work and the introduction of part-time work for the plaintiff constitute a change in essential working conditions, but the employer did not comply with the requirements of the law and did not notify the plaintiff of these changes.

«The plaintiff worked for a year in a self-determined safe place, and the termination of remote work provided for his performance of official duties at the employer’s address, that is, in the village of Krovne. Given the remoteness of the village of Krovne from the city of Sumy, the duration of the trip to the place of work, the threat of ballistic shelling of the countryside, such changes in working conditions should be considered their deterioration,» the case materials state.

The court established that the employee was transferred to remote work by order dated April 15, 2022 until the end of martial law. And in April 2023, part-time work was introduced and remote work was terminated, while the employee was familiarized with the orders, he refused to sign, and a corresponding act was drawn up;

The changes were justified by updating the accounting system and optimizing work processes, which affected the nature and scope of the employee’s duties. It is important that the legislation of Ukraine under martial law allows the employer to independently determine the remote form of work and change working conditions in accordance with the needs of production.

The court of first instance refused to grant the programmer’s claim. Then he appealed to the appellate court. However, the Sumy Court of Appeal recognized that the court of first instance complied with the norms of substantive and procedural law, and dismissed the appeal.

Thus, the decision of the court of first instance regarding the legality of changing the programmer’s working conditions becomes legally binding.

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