Rules of work: how they plan to change the Labor Code of Ukraine. Employment contracts are the basis of labor relations

In autumn, the rules of the game in the labor market in Ukraine may change - legislators are preparing for the second reading a bill with amendments to the Labor Code. How they plan to change labor relations - the journalists of the site "24" found out.

It is worth recalling that changes in our state have already been made three times over the past 8 months - on December 6 last year, March 22 and April 6 this year. As the development director of the job search site Work.ua, labor market expert Sergey Marchenko, explained in a commentary to the 24 website, the most revolutionary change made to the Labor Code for last years, there was an increase from January 1, 2017 in the size of the minimum wage from 1600 to 3200 UAH.

Such significant changes in the rules of the game in the labor market have not been, perhaps, since the early Kuchma allowed entrepreneurial activity. For six months, the average salary offered by Work.ua employers in their vacancies on our website increased by 15.7% - from UAH 6809 in December 2016 to UAH 7880 at the end of the first half of 2017,
- said Marchenko.

Not so noticeable, but significant for people of pre-retirement age, according to the specialist, was the change in the Labor Code, introduced on April 6 by Law No. 2005-VIII. According to it, employees cannot be fired from work during staff reductions if they have less than 3 years left before retirement.

"But the most ambitious changes will be to the Labor Code, prepared for the second reading and which, most likely, will be voted on this fall. They offer several innovations at once that can significantly affect the labor market," Marchenko said.

Innovations "on the nose"

According to a labor market expert, just last week, the HR director of an international company complained that, according to the Labor Code, she could not legally cut her employees working week and is forced to look for workarounds to enable employees to leave work on Friday at 16:00.

The new Labor Code will reduce working time legally, without reduction of wages and other payments. Also in the Code, finally, there will be a rule that you can work at home,
- said Marchenko.

According to him, there are currently 4,489 current remote work vacancies on Work.ua. This is 4.7% of total vacancies and, of course, legalization for these people will be very helpful.

For employers

Not without expanding the rights of employers, said Sergei Marchenko. Now they will legally have the opportunity to use the means of technical control over production: audio and video control of the workflow. True, it is impossible to control covertly - employees must be notified of this without fail, the expert said.

In addition, the list of reasons for which they can be suspended from work or fired is expanding.

Suspension may be in the following cases:

Provided for by a collective or labor agreement;
- for the period of performance by the employee of the civil, state or public duties assigned to him (service in the army, etc.);
- for the duration of a legal strike, if the employee participates in such.

Dismissal may be based on:

Unsatisfactory qualifications of the employee (proved by attestation or other methods);
- loss of the employee's right to manage vehicles or other permits necessary for the performance of the work stipulated by the employment contract;
- unsatisfactory state of health (including - if the employee refused vaccination or medical examination);
- loss of performance.

A little pleasant

Sergei Marchenko noted that there is great news for all employees: paid leave is increased from 24 to 28 days.

Now you can fully relax twice a year for two weeks. And if suddenly the employer delays wages or vacation pay, then he will have to pay a penalty in the amount of the double discount rate of the NBU for each day of delay,
he clarified.

Admission rules

Amendments to the Labor Code also provide that an employer has no legal grounds to demand from an employee information about party and national affiliation, origin, registration of a place of residence or stay, and documents the submission of which is not provided for by law.

Knowledge of the Ukrainian language according to the new edition of the Labor Code can be required only in cases established by law.

The probationary period for the document should be no more than three months, and for working specialties - one month. If during the probationary period the employer decides to dismiss the employee, he must notify at least three days in advance.

There will be no grounds for a probationary period in case of employment: minors, demobilized from military service, winners of the competition for vacant position, persons for whom this is the first after training workplace, pregnant women and mothers of children under the age of three.

In general, according to Sergei Marchenko, the changes in the Labor Code can be considered positive: "Together with the withdrawal of wages from the shadows, this can lead to a significant expansion of the rights of employees and simplification of bureaucratic procedures for employers."

Most people go to work every day, spending a significant part of their lives there. Anyone who would like to consistently receive a decent salary for their work, perhaps bonuses, bonuses, be on good terms with the management, which would respect our opinion and treat the employees of their enterprise properly. But this is all ideal. In fact, quite often labor activity a person is accompanied by certain misunderstandings, frictions. In order to resolve all issues properly, there is the Labor Code of Ukraine 2017, which will soon come into force.

In the meantime, Ukraine has an outdated Labor Code, created under the USSR in 1971. It entered into force on December 10 of the same year. The need for it arose a long time ago, but it was only now that the project was developed. The former set of rules for employers and employees in many respects contradicts the modern economic reality of the country, which has undergone dramatic changes during this time. In addition, at the moment, the rights of workers are quite often violated and there is non-compliance with the labor code due to the fact that the old version of the code is almost half a century old and does not reflect the real state of the modern economy. It was through these circumstances that the workers of the country looked forward with great impatience to the adoption of the new Code of Labor Laws.

The Labor Code of Ukraine of 2017 has significant differences from the previous one. In the process of creating a new Code of Labor Laws, people's deputies sent more than one and a half thousand proposals to improve the document, each of which was considered by the Working Group to finalize the Labor Code. The draft labor code was adopted as a basis on November 5, 2015 and sent to the International Labor Organization, in order to comply with international standards, which are enshrined in the Conventions international organization labor and EU Directives.

The new Labor Code of Ukraine defines guarantees for citizens of the country to exercise their rights and abilities to work. The Code of Labor Laws performs a regulatory function regarding the labor relations of employees, the main task of which is to improve the quality of labor, its productivity and strengthen labor discipline.

The new draft enshrined fundamentally new approaches to the issue of labor relations between the employee and the employer. The party that gives the job and the party that gets the job build relationships on the principles of compromise. It will be possible to download the Labor Code of Ukraine of 2017 and get acquainted with its content from January next year.

Under the new code, each new employee will be assigned to work based on the signing of a written employment contract. Each employee must be informed in writing of their rights and obligations. Therefore, until the end of 2016, employers have the opportunity to conclude written contracts if they are not yet in the organization or enterprise.

According to the new Labor Code, employers will be able to conclude temporary employment contracts. Previously, this concept was not quite concretized. This type of contract is concluded for a certain time, and only on the basis that is in the special list for concluding a temporary contract.

The current Labor Code of Ukraine of 2017 provides for the possibility and the right of the employer to collect information about the employee who gets a job.

There is no such concept as "trade union" in the new version of the Code. Of course, trade unions will continue to exist, but their significance will be very insignificant.

According to the new Labor Code, it is now possible to present a notice to an employee for violation of discipline. This is a new type of penalty, as opposed to dismissal and dogans, which were provided for by the previous Code.

An interesting innovation is a lunch break in the heat, which will resemble the traditional siesta for the inhabitants of Southern Europe, when from 14.00 to 16.00 everything is closed for a break.

The new Labor Code reduces probation up to one month.

The Code states that an employee may refuse to perform his duties if wages are not paid on time or in full.

According to the new employment contract, the employer must substantiate in writing his reasons for not hiring a new employee. This document can be used to file a lawsuit.

The new Labor Code introduces a new concept of "work at home". It is paid in the same way as in the enterprise or in the office. For late payment wages employer will pay interest.

What changes and additions did the Labor Code of Ukraine go through in 2017?

The duration of annual leave is increased from 24 to 28 days.

The transfer of vacation is possible only with written consent worker.

If an employee has a voucher for sanatorium treatment, then he has the right to receive annual leave, even if he works at the enterprise for less than six months.

Extended leave is granted to timber industry workers (59 days), underground mining workers (69 days).

The length of service will now be counted as the length of service when the employee did not actually work, but his place and position continued to be retained, although the salary was not paid.

The Labor Code of Ukraine of 2017 on dismissal now has its own characteristics.

The new Code prohibits the dismissal of mothers if their children are under six years old. The dismissal of single mothers and fathers is also prohibited, but they can be released provided that they do not cope with their official duties.

In addition, such reasons for dismissal as drunkenness, absenteeism and theft were added to the disclosure of official secrets, non-compliance with safety regulations and evasion of regular medical examinations and preventive vaccinations.

They can also be fired in the event of unforeseen circumstances, such as natural disasters or military operations.

A minor worker may be dismissed at the request of his parents.

The Verkhovna Rada of Ukraine Committee on Social Policy, Employment and Pensions approved for the second reading a new version of the Code of Labor Laws. The document can be accepted in a few months. What innovations can expect working Ukrainians?

About vacations and holidays

Now, for each month worked, an employee receives two days of vacation, and for a year he gets 24 calendar days. The new edition of the Labor Code proposes to add four more days. Thus, the duration of annual leave will be as much as 28 days. In this case, the minimum duration of the main part of the vacation must be at least 14 days.

Additional holidays are not reviewed. But things can still change. After all, the Verkhovna Rada has registered a draft law of the Institute of National Remembrance, which proposes to reduce the number of holidays (make March 8 and May 9 working) and cancel the postponement of holidays if they fall on Saturday or Sunday (except Easter and Trinity holidays).

About probation

The probationary period should be no more than three months, and for working specialties - one month. During this time, the employer can dismiss the employee, but this must be warned at least three days in advance.

Without a probationary period, they must hire minors demobilized from military service, winners of the competition for a vacant position, those for whom this is the first job after studying. Also, pregnant women and mothers of children under the age of three do not need to undergo a probationary period.

About working from home

“At the conclusion of the employment contract or later, the parties may agree that the worker performs work at home (home work), if he has the necessary conditions that meet the requirements of labor protection, fire safety and sanitation,” the bill says.

A Ukrainian working at home has the right to demand compensation from the employer for the wear and tear of equipment, the cost of electricity, etc.

About dismissal

At the initiative of the employee. According to the new version of the law, an employee must give notice of his dismissal in just three days. Moreover, the application can be sent by mail. In this case, the employer is obliged to accept the request of the employee to release him from his position. But within three days after the application is submitted, the employee can withdraw it and continue working.

Dismissal due to downsizing. If there is a trade union in the organization, the employer must consult with its members three months before the dismissal. At the same time, the trade union may recommend not to dismiss a particular employee or postpone and revise the terms and conditions of the reduction. And the employer is obliged to consider these requirements.

It is necessary to warn that an employee will be laid off at least two months in advance and in writing. In addition, if there is a vacancy in the state, it should be offered to the reduced employee. After being warned about upcoming changes, the employee has the right to look for a new position, go to interviews, and so on. But this cannot affect the size of his salary.

Dismissed for cheating. If it turns out that an employee got a job that he could not do, he can be fired. “If a violation of the rules for hiring occurred through the fault of an employee, he may be dismissed by the employer on this basis, regardless of the possibility of transferring him to another job,” the document says.