EMPLOYMENT PROTECTION LEGISLATION

Ukrainian Labour Code refers to all types of employment protection measures, which are grounded primarily in legislation, court rulings and collectively bargained conditions of employment.

Employment protection refers both to regulations concerning hiring and firing (e.g. redundancy procedures, prenotification periods and severance payments, special requirements for collective dismissals and short-time work schemes).

If you have a problem with your employer you should usually try to sort it out informally first. If this doesn't work, you should follow the special three-step grievance procedure which all employers are required to have by law.

If you have followed this procedure and are still not happy with the outcome, you can take your case to an employment tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the employment tribunal may decide to reduce any compensation it awards to you.

Employment tribunals are legal bodies which deal with complaints about employment rights. A tribunal is made up of a legally qualified employment judge and two other people representing the employer’s and the employee’s sides of industry. A tribunal can deal with problems on the following:

- written statement of terms and conditions

- maternity rights

- holiday rights

- itemized pay statement

- unpaid wages

- sex discrimination/equal pay

- race discrimination

- disability discrimination

- age discrimination

- discrimination because of sexual orientation

- discrimination because of religion or belief

- some health and safety problems

- unfair dismissal and redundancy.

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of this contract, or a statute provision in employment law.

Wrongful dismissal will tend to arise first as a claim by the employee so dismissed. Many jurisdictions provide tribunals or courts which will hear actions for wrongful dismissal. A proven wrongful dismissal will tend to lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully dismissed.

A related situation is constructive dismissal, in which an employee feels no choice but to resign from employment for reasons imposed by the employer. To avoid potential liability for wrongful dismissal is to institute an employment probation period after which a new employee is automatically terminated.

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