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Ukraine's new labor law: Key points

Author : Oleh Posternak

Source : Facebook Oleh Posternak

The Ukrainian government has introduced the draft law "On Labor" No. 2708 to the MPs
14:03, 14 January 2020

Open source

The Ukrainian government has introduced the draft law "On Labor" No. 2708 to the MPs. I draw your attention to the fact that at a certain stage it was decided not to introduce the Labor Code, but adopt an ordinary labor law in order to simplify its consideration in the Parliament.

In accordance with Art. 109 of the Rules of Procedure of the Verkhovna Rada when considering codes or a bill with more than 100 articles, a reduction in the line of consideration is not allowed. Guess how many articles are in the draft labor law? 98 ... So, this is done for the prompt and quick consideration of the law.

Now let us speak about the innovations. I will dwell on the most important things.

Let us introduce the concept of analogy. If labor relations are not regulated by law, by-law, collective agreement, labor agreement, then they are regulated by those legal norms of this labor law that regulate similar labor relations.

Lawyers know that analogy is a very complicated argument that might be twisted to their advantage, which means that this would lead to inconsistencies.

Labor law introduces the concept of mobbing. This is a kind of psychological violence in the form of bullying, pressure, ridicule, isolation, humiliation, slander of the employee in the team with the aim of his subsequent dismissal. The employee receives the right to apply to the court with a statement on the restoration of violated rights. The employer has a duty to prove the absence of these facts in the court.

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A paper copy of work record books would become unnecessary, as the transition to electronic employment records via the State Register of Compulsory State Social Insurance is announced.

The parties to the employment relationship are the employee and the employer. For relations in which work was performed without concluding a labor contract and which were recognized as labor in an established manner, the norms of labor legislation should apply. For this, the signs of labor relations are clearly defined.

Employment contracts will only be written, and their sample forms will be approved by the relevant authorities. They might also be electronically signed with an electronic signature. The concept of an employment contract is excluded from labor law.

An unlimited, urgent, short-term, seasonal, student labor contract, an employment contract with non-fixed working hours and with a domestic worker are introduced. It is forbidden to allow an employee to work without concluding an employment contract. A mechanism for the suspension of an employment contract is introduced, and it is also stipulated that its termination is carried out by signing an additional agreement.

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The most remarkable provision from the list of cases of termination of the employment contract. Section 36 of the labor law establishes that an employment contract may be terminated on the initiative of the employer in connection with violation of its terms by workers more than 2 times during 180 calendar days. Moreover, the list of violations must be provided for by the labor contract itself. And also in case of absence from work for more than 10 working days in a row.

The 40-hour working duration per week is maintained. At the same time, flexible working hours and distance (home-based) work are legalized.

The employer receives the right to collect information about the previous work of the person.

The amendments to the Code of Civil Procedure and the Code of Administrative Court Procedure introduce a mechanism for out-of-court settlement of labor disputes through mediation.

Now let us speak about the collective agreement. The new collective agreement can come into force only after negotiations between the parties. If they are not completed by the deadline for the old contract, the latter is subject to prolongation, but no more than 1 year (previously, it was unlimited).

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It is proposed to exclude salaries from the list of income subject to compensation in connection with the violation of payment terms for one month or more.

Another innovation. If the court establishes the fact that a person has performed work without concluding an employment contract and paying mandatory payments, such a person loses the right to receive unemployment benefits for two years, and also loses the right to obtain benefits and use subsidies to pay utility bills for two years.

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Penalties for enterprises, institutions, and organizations are abolished if they use wage labor, where the average number of employees with disabilities is less than the established standards.

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