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News

On Labor Relations During Martial Law. Recent Amenrdments.

By: Oksana Zakharchenko

Submitted by Firm:
Attorneys' Association Gestors
Firm Contacts:
Andriy Tsvyetkov
Article Type:
Press Release
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During 2022 Ukrainian labor legislation has changed to a great extent. Most of amendments are related to the need to regulate labor relations under the martial law* and are temporary, the others are implemented on a permanent basis.

Among other things, during the July-December 2022, the Labor Code of Ukraine (hereinafter – the Labor Code) has been supplemented with the following provisions:

Alternative methods   of communication

 

As an alternative method of informing of employees about the orders (resolutions) of employer, provision of messages and other documents, the use of electronic communication networks is allowed. Such electronic communication means must be agreed in advance between the employee and employer. (Article 29 of the Labor Code).

Unreasonable refusal of employment

Unreasonable refusal of employment is prohibited. A candidate who faced refusal in employment has the right to request a written notice of the reasons for refusal and appeal such refusal in the court (Article 22 of the Labor Code)

No mobbing

Mobbing is prohibited (Article 22 of the Labor Code).

The mechanism of legal protection against mobbing according to the Labor Code includes possibility to address the State Labor Inspection and/or the court.

Mobbing is one of the reasons for terminating employment with the employee at the initiative of employer (p. 12 of Art. 40 of the Labor Code).

If carried out by employer against the employee, mobbing is also a ground for terminating of employment agreement at the initiative of the employee (Art. 38 of the Labor Code).

If it is carried out by the manager of a company, or in case of his failure to take measures to stop mobbing, is grounds for terminating the employment agreement with the manager (p. 12 of Art. 41 of the Labor Code).

Article 1735 of the Code of Ukraine on Administrative Offenses provides for administrative liability for mobbing: a fine of UAH 850-1,700, or 20-30 hours of community service.

Simplified regime of regulation of labor relations

 

A new form of employer-employee contractual relations has recently been introduced – a simplified regime for regulation of labor relations.

This regime provides for the possibility of setting of individual working conditions in employment agreement, f.e. those related to the payment procedure, work regime, granting of vacations, compensatory and other payments, termination of the employment contract, etc.

The simplified regime applies to labor relations arising between the employee and employer who is a representative of a small or medium-sized business with an average number of employees of not more than 250 people per calendar year, or between the employer and employee whose monthly salary is more than 8 amounts of minimum salary set by law (Chapter III-B of the Labor Code).

New form of employment agreement

 

The Labor Code has been supplemented with a new type of employment agreement (Article 211) – an employment agreement with unfixed working hours.

Unlike traditional employment agreement, the terms of an employment agreement with non-fixed working hours establish a specific time of work, which the employee is obliged to perform when such a work is provided by the employer. At the same time, the number of basic working hours of an employee cannot exceed 40 hours per week, the minimum duration of working hours per month shall be 32 hours, and the salary is paid for the time actually worked.

 

Employer's responsibility

for late payment

upon dismissal

In case of late payment of all amounts payable to the employee upon dismissal due to employer’s fault, the employer must pay the employee his average earnings for the entire period of delay up to the day of the actual payment, but for no more than six months period (Art. 117 of the Labor Code).

Insurance

payments  

Since January 1, 2023, the Pension Fund of Ukraine is the authorized body in the system of mandatory state social insurance (formerly this was the Social Insurance Fund’s function).

From now on, the Pension Fund of Ukraine will pay benefits for temporary disability; assistance during pregnancy and childbirth; funeral assistance for insured persons, including employees injured at work; one-time and monthly insurance payments to employees injured at work, and members of their families.

 

* the period of effect of martial law is prolonged until 20 May 2023 as of the date of publication.

 

For more details feel free to address

Attorneys’ Association “Gestors”

tel./fax: +38 (044) 287 00 44

tsvyetkov@gestors.com.ua

zakharchenko@gestors.com.ua

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