In Ukraine, is developing a new draft Code of laws on work (labour code). As they say in the civil service for labour, the new document needs to take in the first half of 2017, it “will take into account the interests of all”. The current Code adopted back in 1971, and the last changes made in the past year. The website “Today” figured out what, by law, have the right to Ukrainians and about what labour rights should not be forgotten.
How to get a job
The law prohibits any discrimination in employment. More than a year ago, the Labor code also made a number of anti-discrimination amendments. To fire or not hire an employee because of his features impossible. Including forbidden discrimination based on religious affiliation, nationality and sexual orientation.
Working relationships start with a trial period, this time is meant to define professional skills of the employee. The duration of the probationary period determined by the employer. If he is confident in the abilities of the employee, the probationary period may not be. The law also specified the maximum duration of the probationary period. For working professions is one month, for others three months. Most employers when job set the maximum probationary period.
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“This is to ensure that the employee could easily say goodbye if he was, for example, punctuality or once in two months off the wagon. Personnel departments don’t want to take responsibility and to independently determine the period of probation less than the maximum possible. And it’s okay,” says the lawyer Alexander Plahotnik.
Last year, parliamentarians supported an amendment to the Code of labour laws, which extended the list of Ukrainians who do not need to undergo a probationary period. Among them:
- Workers under the age of 18
- Just graduated from educational institutions
- Workers dismissed from military service
- Disabled
- The winners of the competition for the position
- Pregnant women
- Single mothers with a child under 14 years
- Immigrants
- Those who perform seasonal work
Be warned that, if adopted by the employee following the trial period or not at all. If after three months the Ukrainian continues to work, then “test of time” it passed. In addition, for no reason legally to deny employment impossible.
However, says the lawyer for labor law Vladimir Kapustin, in practice, to protect their rights is quite difficult. “The employer would never say that he was not hired or fired someone because of his sexual orientation or the fact that he is Pro-Russian or Pro-Ukrainian configured. Proving it would be extremely difficult,” – said the lawyer.
When concluding an employment contract, the employee must present a passport, labor book, military ID or military service registration certificate (for men). In some cases, may also require you to provide documents about the state of health (if required) and the document on education. Any other documents, including a certificate of place of registration should not be required. “Employee may not be allowed to work without concluding an employment contract issued an order or possession of the owner or authorized body”, – stated in the Labor code.
What can be dismissed
To dismiss an employee can if he can’t perform his duties (drafted into the army, put in prison), or the employee is “at fault”. Sufficient reason for a dismissal is considered an absence from work for more than three hours. But even if the employee remains in the workplace, but it does not fulfill its obligations, it can legally be registered in the employment service.
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Can’t be fired during sick leave or vacation. But if the sick leave lasts more than four months and the employee for whatever reason is unable to perform his duties (with the exception of maternity leave), the employer has the right to seek a replacement.
Also for dismissal once is enough to come to work “tipsy” or steal something.
A complete list of reasons for dismissal:
- By agreement of the parties
- At the expiration of the term of the employment contract
- The call for military service
- The termination of the employment contract by the employee
- The entry into force of the verdict, which the worker is sentenced to deprivation of liberty
- The revealed discrepancy of the worker of a post or performed work
- Systematic failure by the employee without good reasons obligations
- Truancy (including absence from work more than three hours within working day) without good reasons
- Failure to report to work for more than four consecutive months due to temporary disability, not counting pregnancy and childbirth
- Coming to work drunk
- The Commission on workplace theft
Day and weekend
Normal duration of working time, according to the law, may not exceed 40 hours per week. Each day, middle of the day, you can relax (break for lunch), the rest should last no more than two hours. Additional breaks for nursing moms – 30 minutes after every three hours of work. In addition, the worker is entitled to leave of 24 calendar days.
On Fridays (before the weekend) and on the eve of holidays the working day should be one hour less. To attract employee to work overtime is possible only in cases prescribed by law:
- If it is necessary for the defense of the country
- If the accident occurred
- If it is socially important work
- If there is a need to finish the job
- The overtime is paid at double rate.
What you must pay
“Minimum wage is a statutory wage for a simple, unskilled labor below which can not be carried out payment”, – stated in the Labor code. From the first of January of this year the minimum wage in Ukraine – UAH 3200, below this amount, employers pay are not eligible.
“Minimum wage is a statutory wage for a simple, unskilled labor, below which no can be payment”, – stated in the Labor code.
As the practice leader to resolve conflicts and disputes JUSCUTUM Anton Kutz, if this requirement is not met, businessmen threaten large fines. “The state sets the level of minimum wages and the obligation to control the business in this matter. All are required to pay not less than established. Today, many enterprises officially pay employees the minimum level. The higher the level of minimal salary, the more taxes will be collected by the state. Because the non-payment of wages face serious problems, ranging from administrative responsibility and criminal ending. In the case of administrative liability to violators mostly face fines. But criminal liability – this is serious: to imprisonment for a term not exceeding five years”, – said the lawyer.
