THE MAIN TERMS AND CONDITIONS OF EMPLOYMENT

The state has extensive authority over labour relation matters, including the labour market, unemployment, social insurance, labour safety, standard employment conditions and resolution of labour disputes. The state provides additional employment guarantees to women with children under the age of 6, single mothers with children who are disabled or under the age of 14, senior citizens of pre-retirement age and persons released from prison.

The Labour Code, which covers nearly all aspects of employee relations in Ukraine, governs employment agreements and contracts; working hours and time off; compensation and social benefits; discipline; employment of women and minors; resolution of employment disputes; liabilities of employees and employers.

The Labour Code provides that an employment contract is a special form of employment agreement that may be used only where permitted by law. While an employment contract may be entered into for a definite term or until a specific job is completed, an employment agreement, being the major legal basis of employment relationships, is usually concluded for an indefinite term.

An employment contract allows for more discretion in determining employment rights and duties, including working conditions, termination, compensation and benefits. A contract usually provides benefits to an employee as compensation for the contract’s limited duration, including a longer annual vacation and more flexible working hours than those provided by the Labour Code. Neither a contract nor an agreement may diminish the employment guarantees provided by the Labour Code, other labour laws and regulations, or applicable collective agreements.

An employment contract must be in writing, however, an employment agreement may be verbal. Either party may terminate an employment contract if the other party defaults, provided that the non-defaulting party provides a two-week notice. Under an employment agreement, the employee may terminate the agreement upon two-weeks notice, while the employer must provide two-months notice when the termination is because of liquidation, reduction in force or reorganization.

At the time of hire, an employer and employee may agree to a probationary period to determine if the new employee is suited for the job. The probationary period may not exceed three months.

An employee’s rights at work will depend on the statutory rights and the contract of employment. All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment.

- job title

- wages

- hours of work

- holiday entitlement

- sick pay

- pension schemes

- notice

- grievance, dismissal and disciplinary procedure.

Many employees will be entitled to statutory sick pay if they are off work due to sickness. In addition, some employees may receive occupational sick pay from their employer but this will depend on their contract of employment.

All employers have a statutory duty to take care of the health and safety of all their employees, for example, they should provide first aid equipment, and adequate means of escape in case of fire, protective clothing and ensure all machinery is safe.

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