The parliamentary social policy Committee agreed to the second reading new edition of the Code of laws on labor (Kzot). The document may take a few months. Glad to have prepared for the Ukrainians a number of surprises: the vacation will be extended, will “legitimize” the work at home, revise the requirements for probation. The website “Today” figured out how the new version of the code can change the lives of Ukrainians.
The controversy surrounding the rights of sexual minorities
In 2016, the Parliament passed “anti-discrimination” amendments to the Labor code. It was one of the conditions bezveza with the EU. European law protects the rights of homosexuals on a level with national, religious and ethnic minorities. For the Ukrainian law, such a norm has become a novelty. After last year’s amendments to the Labor code the employer may not to employ or to dismiss an employee because of his orientation. However, as the lawyers say, this norm is rather declarative. Lawyer Alexander Plahotnik notes: employers rarely denied employment with the wording “we have not approached your sexual orientation”, and to prove in court that this is the reason, extremely difficult.
In the new version of the Labour code propose to eliminate the reference to banning discrimination based on gender identity and sexual orientation. The President and Pro-presidential force in Parliament – against. Press Secretary Poroshenko Svyatoslav Tseholko noted that this edition of the code the head of state will not sign. And without his signature the law will not take effect.
Photo: archive
“The President will not allow the revision of Ukraine’s commitments that we have completed for visa-free regime. The decision of the parliamentary Committee to withdraw from the draft new Labour code, the so-called anti-discrimination rules, the head of state considers erroneous and even provocative,” said the spokesman.
“The President will not allow the revision of Ukraine’s commitments that we have completed for visa-free regime. The decision of the parliamentary Committee to withdraw from the draft new Labour code, the so-called anti-discrimination rules, the head of state considers erroneous and even provocative,” said the spokesman.
Vice-speaker of the Parliament Irina Gerashchenko also believes that with this edit code cannot be accepted. Moreover, the MP believes that the law is or will be no “controversial edits”, or sent for a second reading. “Some of the controversial amendments are necessary to put on evidence (in particular, abolishing anti-discrimination rules) and I’m sure will never be voted by the audience. Predict that a draft Code will be voted or without provocative and controversial amendments, or sent to the Committee for a second reading and presented to the European norms and standards… to Evaluate a person’s work solely on its merit, not on age, gender, orientation – it’s obvious,” wrote Gerashchenko on his page in the social network.
Want to extend the vacation, and holidays, to reduce
For each working month Ukrainians give two days of vacation. For the year going 24 calendar days. In the new, edited by the Labour code propose to add another four days, thus, the length of annual holidays will be as many as 28 days. The minimum duration of the main part of vacation shall be not less than 14 days. As before, in case of dismissal, the employer must pay for unused vacation. “Guaranteed payments for unused employee leave are made on the day of his dismissal,” reads the document.
The choice of the employee instead of money, he can give leave. Then the official date of dismissal is considered after the last day of vacation. By the way, the leave of 28 days use in many European countries. For example, in the UK and Estonia. In France, the rest 30 days, and in Germany only 20.
The vacation will be extended. Photo: archive
Additional output provided by the Labor code, not reviewing – a total of 11 a year, on public and religious holidays. However, in Rada registered zakonoproekt Institute of naramata (Executive authority) that provides for reducing output from 11 to 9. Working days can be March 8, 9 may. In addition, now if prazdnik falls on a weekend, it is transferred to Monday. Institute of naramata offers not only to reduce the number prazdnichnyh the weekends, but move to the weekend if they propadayut on a Saturday or Sunday (all accommodations weekend for Easter and Pentecost).
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Normal workweek, as before, is 40 hours. Working Ukrainians have the right to two days off – Saturday and Sunday. If workers from 16 to 18 years, the working week must be at least 36 hours.
It is worth noting that in 2017, taking into account all weekends, holidays and vacations, the Ukrainians will rest 140 days is 38% of the whole year. Some economists, among them the former adviser of the Minister of economic development Jaanika Merilo, I believe that a large number of days off is hurting the economy.
Rules of recruitment and how to change probation
To require the employee’s knowledge of the Ukrainian language is possible only in cases prescribed by law, said new wording of the Labor code. Unreasonable not to take on the work of the Ukrainian businesses are not allowed. 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.
It is prohibited to require an employee to: information about the party and national origin, descent, registration of place of residence or stay and the documents the submission of which is not required by law.
Photo: archive
The probationary period shall be not more than three months, and for working professions – one a month. During this time the employer can dismiss the employee but you should inform at least three days. Without kapitalnogo period should employ minors demobilized from military service, the winners of the contest for the vacant position, those for whom this is the first after school work place. Also the probationary period do not need to be pregnant women and mothers of children under three years.
“For pregnant women, minors demobilized and the number of categories trial period to cancel. But nobody forbids to the employer to make out for the first time employee under civil law contract if that’s possible on the specifics of the work itself. Such a contract can be issued, for example, only one month, and then take on a full employment contract,” – says HR expert Alexander Belous.
“For pregnant women, minors demobilized and the number of categories trial period to cancel. But nobody forbids to the employer to make out for the first time employee under civil law contract if that’s possible on the specifics of the work itself,” says HR expert Alexander Belous.
Salary and work from home
As before, the minimum wage cannot be below the minimum. At the moment it is 3200 UAH. By the way, in the beginning of next year the minimum salary, according to the budget resolution for three years to raise up to 3723 hryvnia. In 2019 the minimum wage will reach UAH 4173, and in 2020-m – 4425 UAH.
Innovation in the code – option to work at home. “At the conclusion of the employment contract or later, the parties may agree to the employee working at home (home work) if it has the necessary conditions to meet the requirements of labor protection, fire safety and sanitation,” reads the draft of the new edition of the code.
Home-working Ukrainian has the right to ask the employer compensation for the wear of equipment, cost of electricity, etc. “if the receipt of raw materials and delivery of finished products held by the employee directly to the employer, the time spent on receiving and delivery is included in working hours with adequate pay,” – said in the document.
Alexander Belous believes that the majority “of all remote workers” will formulate under civil-law agreements, and their work will be paid by results. However, labour legislation along with all the social guarantees for these employees does not appear to compensate for the hospital and Optus they will not.
What can dismissed
1. At the initiative of the employee. To warn about his dismissal, according to the new law, the employee needs in just three days. The employer is required to adopt a statement on the dismissal. Moreover, such a statement can be sent by mail. And within three days after submission of such statement, the employee may withdraw and continue working.
“Employee regardless of the consent of the employer may withdraw a previously filed application to the employer on termination of the employment contract by filing an application within the notice period of resignation. An employer may deny such application if the employee’s place invited another person, who cannot refuse to conclude an employment contract in accordance with the requirements of the legislation”, – the document says.
Photo: archive
2. To dismiss in connection with reduction of the staff. If your organization has a Union, three months before the dismissal the employer must consult with the Union. In this case, if the Union recommended that a specific employee not to dismiss or to transfer and to review the terms and conditions of the reduction, the employer must consider these requirements.
To prevent that the employee will get laid off, you need at least two months in writing. In addition, if there is a vacant seat in the state, it must offer a reduced staff. After warning about the coming reduction the employee is entitled during working hours to look for a job, going to interviews and so on. While the size of his salary it can not affect.
“The dismissal of an employee in connection with the reduction allowed unless the possibility of transfer by consent, to other work appropriate to the specialty and qualifications of the employee and in the absence of such work to another job to which he agrees and which can perform as health and education”, – the document says.
3. Dismissal due to conscription. If a young man is either a man (the appeal of reserve officers in the army can take the Ukrainians up to the age of 43 years) was drafted into the army the next day after applying for it should be fired.
4. To dismiss for fraud. If it turns out that the employee got the job, which could not perform, he might get fired.
“If the violation of the rules of employment was the fault of the employee, such employee may be dismissed by the employer on this basis regardless of whether his transfer to another job”, – the document says.
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
- Identified inconsistency employee position or 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 appear at 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
