In Ukraine are preparing a new Labour code bill, drafted by the Cabinet of Ministers has already adopted in the first reading. The Committee on social policy has prepared a document for the second reading. Among the pleasant for Ukrainians innovations – long vacation (28 instead of 24 days) and the possibility of short trial periods for the individual categories. At the same time, the officials offered to expand the list of grounds for suspension or even dismissal. The website “Today” figured out how the new Labor code can alter the lives of Ukrainians.
Mandatory vaccine and medical examination or suspension
If new Labour code will take in the proposed revisions, employees will be removed from the work and to pay the wages in part or to pay compensation, said the Director of “Labor initiatives” Yelena Mikhalchenko. Remove can the Ukrainian, who “was in contact with infectious diseases”, for example, during a flu epidemic. Or employees who should be vaccinated, but refused a medical checkup and vaccinations. Another option, if the time of the medical examination it turned out that the employee is unable to perform the work. The lawyer said: from a document, it is not clear who should pay for medical examinations and whether protected information about the health condition of the employee.
The employer may suspend the employee, if the execution of his work threatens the lives and health of children or cause damage to property, disrupts the normal operations of a legal entity. “To suspend someone from work can the employee who “disrupts the normal operations of legal entities”. It is a value judgment. Every employer has its own way to treat this situation. If an employee is late five minutes, you can say that broke the normal work of the enterprise”, – says Yelena Mikhalchenko.
“To suspend someone from work can the employee who “disrupts the normal operations of legal entities”. It is a value judgment. Every employer has its own way to treat this situation. If an employee is late five minutes, you can say that broke the normal work of the enterprise”, – says Yelena Mikhalchenko.
The employer is obliged to suspend from work without pay of an employee who violates the requirements of labor protection, did not apply the established norms of personal or collective protection and/or past instruction (training, verification of knowledge) on the issues of occupational safety or fire safety.
Labour relations shall be suspended:
- in cases stipulated by the collective agreement or employment contract;
- run-time employee assigned to it civil, state or public duties;
- at the time of a legal strike if the employee participates in such strike in accordance with law of Ukraine order;
- at the time of suspension of the employee from work
- in other cases of temporary release of the employee from the performance of work
Layoffs in new ways
“Of concern is the large number of grounds for dismissal, it leads to manipulation. According to article 92 can be fired for divulging confidential information. This can be information about internal rules. The company may any information to keep private,” says lawyer Yelena Mikhalchenko.
What can dismissed:
- Poor health
- Unsatisfactory qualifications of the employee (proved by certification or other methods)
- The loss by the employee of the right to management of vehicles or other permissions necessary for the fulfillment of the labor contract.
- If an employee refused vaccination or medical examination
- Lost the ability to work
What else can be fired. 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.
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.
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.
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.
We will remind, as earlier wrote the website, “Today,” also the draft Labor Code predpolagaet: Ukrainians will go on vacation for 28 instead of 24 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.
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 on the weekend
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.