Employment Law in Ukraine

Ukrainian Labour Law has inherited a significant number of concepts and approaches from the Soviet era. Despite numerous changes, the Labour Code, which is the key piece of legislation regulating employment matters, remains highly employee-focused. Since Ukraine became independent, specific statutes have been adopted to deal with labour safety, remuneration, leave, collective bargaining agreements, employment of the population and employment of foreign nationals.

Various state agencies (such as the State Labour Service and the State Fiscal Service) issue their official interpretations of Ukrainian legislation concerning the regulation of working time, employee transfers, combining jobs, employee evaluation, overtime, workforce migration, employee dismissal, employee compensation, leave, workplace health and safety, and other key employment law issues.

Relations in the field of employment shall be governed by the Code of Labour of Ukraine, the Law of Ukraine on General Compulsory State Social Insurance against Unemployment and other legislative Acts.

If an international treaty that the Verkhovna Rada of Ukraine agreed to be bound by establishes rules other than provided in the legislation of Ukraine on employment of the population, provision of the international treaty shall apply.

Formulation and realisation of the state policy on employment of the population shall be ensured within the scope of their powers by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Central Executive authority of the social policy, other central executive authorities, the Verkhovna Rada of the Autonomous Republic of Crimea, local state administrations, and local governments.

The central executive authority for social policy is the chief authority in the system of central executive authorities on the formulation and realisation of the state policy on the employment of the population.

For the purpose of realising the state employment policy, the Cabinet of Ministers develop and approve the basic directions of realisation of the state policy on employment of the population for a medium-term period, which specify ways and methods of addressing employment problems and provide for measures to consolidate efforts of all the parties of social dialogue aimed at regulating the processes going on in the labour market to increase the employment rate.

The basic directions of the realisation of the state policy on employment of the population shall be developed on the basis of the forecast parameters of socio-economic development of Ukraine, state, sectoral and regional programmes concerning their impact upon employment of the population and upon development of labour potential and a mechanism of their implementation shall be defined.

• Probationary periods, during which the employer or employee may terminate the employment contract with three days’ notice. The duration is one month for blue-collar employees or three months for other employees. Probationary Period

• An employment contract is defined as an agreement between an employer and an employee, whereby the latter commits to working for, and under the management and supervision of, the former in return for a wage. Employment Contracts

• All employees must have a standard format written employment contract, containing specified minimum information. Employment Contracts

• The minimum wage is UAH 6000. Minimum Wage

• Employees’ normal working time must not generally exceed 40 hours per week. Working Hours

• Employees are generally entitled to a lunch break not exceeding two hours and to a weekly rest, usually on Sundays. Rest Breaks and Rest Periods

• Employees are entitled to paid annual leave after they have completed six months’ service. Annual Leave

• Pregnant employees are entitled to maternity leave. An employer must not dismiss a pregnant employee nor send her any notice during her pregnancy or maternity leave. Maternity Leave

• Employees are generally entitled to sick leave pay ranging from 50% to 100%. Sick Leave

• The employer may not discriminate between working men and women with regard to: type of work, amount of wage or salary, employment, promotion, professional qualifications and apparel. Discrimination

• There is a general, non-specific ban on any discrimination that prejudices equal opportunity employment, equal access to jobs, equal continuity of employment or equal enjoyment of rights, and on discrimination between employees with the same work duties. Disability is the only grounds on which discrimination is specifically prohibited. Prohibition of Discrimination

• Employers must provide employees with adequate means of protection against hazards of occupational injury and disease that may occur during work. They also have a range of specific obligations in this area. Health and Safety Regulations

• In principle, an employer may dismiss an employee at any time without notice on certain misconduct-related grounds. Other reasons of termination will lead to unlawful termination and end of service gratuity. Termination of Employment