Print this page

The Verkhovna Rada registered a bill on strengthening the protection of workers' rights

On February 20, 2019, the Verkhovna Rada registered the Bill No. 10069 "On Amendments to the Labor Code of Ukraine on the Enhancement of the Protection of Employees' Rights in the Conclusion of an Employment Contract and Dismissal from Work".

We will outline the main stories of the draft law. So what is suggested?

1. First, to provide in the Labor Code the mandatory conclusion of an employment contract in writing in duplicate, which have the same legal force. One copy remains with the employer, the other one is from the employee. The same rule is proposed to be followed when making changes to existing treaties.

2. Secondly, to foresee in art. 24 Labor Code List of obligatory and additional conditions of employment contract. Yes, the mandatory conditions of an employment contract will be:

  • place of work (with indication of the structural unit of the employer - legal entity);
  • the date of entry into force of the employment contract and the term of the contract (for the term agreement);
  • labor function performed by an employee;
  • payroll conditions;
  • the mode of work and rest, if it differs from the general rules;
  • conditions of occupational safety.

Additional conditions include testing, non-disclosure of commercial secrets and other law-protected information, professional training, retraining of an employee, etc.

3. In addition, the bill proposes to define an exhaustive list of documents and information about the person submitted during the conclusion of the employment contract, as well as to prohibit the demand for documents not provided for by law. Among such mandatory documents is the application, passport of a citizen of Ukraine, certificate of compulsory state social insurance; a taxpayer identification number, a special education document (specialty, qualification), a work book.

4. It is also proposed to regulate the mechanism for testing tests when hiring, as well as the procedure and grounds for removing the worker from work.

In particular, juvenile probation can not pass; dismissed from military or alternative (non-military) service, winners of competitive selection for filling vacant positions; persons who have completed vocational or higher educational institutions and first come to work for a profession (specialty); pregnant women and women who have children under the age of three; persons with whom an employment contract is concluded for a term of up to one year; internally displaced persons, etc.

The total period of the test for recruitment can not exceed three months (for managers, chief accountants - six), and for employees for workers' professions - one month.

5. In addition, it is proposed to establish a clear and exhaustive list of conditions for the conclusion of an employment contract for a specified period. In particular, cases where labor relations will be established for a specified period will be provided for in the new article. 23-1 of the Labor Code.

When can the proposed changes come into effect?

If the law is adopted, the changes will take effect from the day following the day it is published.

Since then, previously concluded employment contracts in the form of a contract will be considered as contracts of employment concluded on their specified term. Unrepresented employment contracts must be executed within a year from the date of entry into force of this law.

Read 742 times