Employers must inform employees about open vacancies that reduce the terms of a fixed-term employment contract to an indefinite one.
Employees will now be fired if the employer's property is used as a result of the war, and the funds raised will be more than the number of wages per day will increase. We analyzed changes in labor legislation signed by the President.
On July 15, 2022, the President signed the Law, which makes further changes to the labor legislation of Ukraine. Changes have taken place in matters of mandatory informing employees, termination of labor relations, compensation for unused vacations, as well as regulation of part-time work. Let us review it in detail.
Before an employee begins to perform their direct duties, in accordance with Art. 29 of the Labor Code, the employer must provide the employee with information about:
If the employment contract is concluded within the framework of remote work, the employer must provide the relevant information to the employee and, if necessary, provide the equipment necessary for the performance of duties. If necessary, the employer must also provide recommendations on how to work with the equipment or provide training on a specific technical tool.
If an employee is hired under the terms of a fixed-term employment contract, now, according to Art. 23 of the Labor Code, the employer must tell such an employee about open vacancies with the appropriate qualifications with the possible conclusion of an open-ended contract.
Under martial law, all labor relations communications may be submitted electronically using electronic communications tools in accordance with the document management law.
The law defines additional grounds for termination of an employment contract by the employer. Now, in accordance with Art. 41 of the Labor Code, this can be done by those employers who, as a result of hostilities, have lost:
The consequences of the war also necessitated the addition of Art. 36 of the Labor Code of new reasons for which the termination of labor relations is allowed:
According to Art. 49 clause 2 of the Labor Code also changes the period during which it is necessary to warn employees about dismissal. The employer must notify the employee at least 10 calendar days before the termination of the employment relationship. Within the same period, it is necessary to notify the state employment service if the dismissal of workers is massive, and within another five calendar days, consult with the trade union to prevent further layoffs or minimize them.
Important changes have affected vacation regulations:
Now, employers also do not have to pay the average daily wage to workers who are under mobilization. However, at the same time, the mobilized workers need to keep their position and workplace.
An important innovation of the law is the introduction of the concept of "part-time employment", which is now considered to be the performance by an employee of other work in addition to the main paid one in free time from basic work by a signed employment contract. You can work part-time both at the same and at another enterprise or in FLP.
According to Art. 102 of the Labor Code, settlements with employees working part-time are made by the work actually performed.
Innovations in part-time work allow employees who were forced to leave their jobs to find a new job without losing their main job.