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Your power to winLabour Law
For a long time in Ukraine, labour law issues were limited to labour disputes between employees and employers regarding non-payment of wages, illegal dismissal, etc. Recently, however, the issue of compliance with labour law has become particularly relevant because of the increased liability of the employer for such violations.
The labour law of Ukraine is the most outdated and not adapted to modern business realities, since the main normative acts governing labour relations in Ukraine are the Soviet Labour Code of 1971 and ratified ILO Conventions since 1921. The socialist model of labour relations has long been out of tune with the contemporary realities and demands of business, so in practice many questions are raised regarding the enforcement of outdated labour standards. In addition, the current labour law does not take into account the peculiarities of labour relations, depending on the specifics of the business industry, since labour relations in the IT sector are significantly different from the agrarian sector, but regulation is the same by the Labour Code.
In addition, the existing regulatory framework for employment relations has a significant imbalance between the rights / obligations of employers and employees in favor of the latter. For example, an employee has the right to resign at his own request and to leave work within 2 weeks from the date of such decision and writing a statement, while the employer is not entitled to dismiss employees at its own discretion - only by the agreement of the parties. In addition, many other decisions by the employer have to be agreed by the trade union committee or by an authorized labour body. And there are many more examples.
Therefore, modern labour relations between the management of the entity and employees do not have current legal regulation sometimes, which in practice leads to different interpretation of the rules and behavior of the participants themselves. Such lack of regulation, and even more so ignorance of current labour standards, can cause in practice not only internal labour conflicts, but also problems with the controlling bodies, in particular, with the bodies of the State Labour of Ukraine and the State Tax Service. Another unpleasant thing here is the fact that State Labour inspectors have the right to transmit to law enforcement agencies, including tax authorities, information about detected violations, which, in addition to liability for violations of labour law, may result in additional tax assessments and penalties. Then the client's favorable outcome of the case depends only on the quality of work of a labour law lawyer.
In addition, according to legislation the employer violation of labour rights of employees entail financial liability (in the form of excessive fines), as well as bringing officials of employers to administrative and criminal liability. However, with regard to criminal responsibility, the Criminal Code of Ukraine does not clearly define what violations can be the basis for liability, and only "gross violation of labour law" which is an evaluative category at the discretion of the judge is indicated.
Therefore, timely legal reaction to risks in the labour relationship, proper maintainance of all necessary documentation, support in relations with the supervisory authorities always helps to minimize financial risks and other liability risks, and also ensures the formation of a reputation of the client as a reliable employer and taxes payer.
For many years, WinnerLex has specialized in protecting businesses and employers in labour relations, and represents the interests of business executives in labour disputes.
We recommend that employers make the entry on hiring in the employee's work record book no later than 7 days from the date of the relevant hiring order. In addition, the hiring entry must exactly match the text of the hiring order, so that no misunderstandings about the lawfulness of the employee's official registration arise when the State Labour Service inspects your company.
To assess whether an employee's professional skills match the job, the employer may set a probationary period, which may not exceed 3 months, and in certain cases (with the consent of the elected body of the primary trade union organization) – no more than 6 months. However, when filling in the work record book of an employee hired on probation, the fact that a probationary period has been set is not indicated; it is stated only in the hiring order.
When resigning at the employee's own initiative due to moving to another city, the employee does not have to provide any documents confirming the move. Therefore, if your employer demands proof that you have changed your place of residence, such as a certificate of change of registered address, remember that the actual place of residence and the place of registration are different things: you can move freely around Ukraine and live in different cities while remaining registered at one address the whole time.
If you are systematically required to work beyond normal working hours, remember that such work is considered overtime: under the law, the employer may apply irregular working hours without pay only once a month, and in such cases the employee is entitled to additional leave of up to 7 days. If work beyond the norm is applied during the month, then from the second such day onwards, all days following the second day of work beyond the norm must be paid to the employee at double rate. However, it should be noted that persons under 18, pregnant women and women with children under 3, and employees studying at general education institutions who would have to miss classes because of the overtime schedule may not be involved in overtime work.
Article 147-1 of the Labour Code of Ukraine states that the body authorized to hire employees also has the right to impose disciplinary sanctions. If the employee is hired by an authorized person – the head of the institution – then that person also imposes disciplinary sanctions on the employee. However, the head of the institution may delegate this right to another official (for example, the HR director or a deputy director).
Yes, labour legislation currently provides that the child's father may take childcare leave until the child reaches the age of three on the basis of an application, the child's birth certificate and a certificate from the mother's place of work (study, service) stating that she has returned to work before the end of this leave (as provided in Part 4 of Article 20 of the Law of Ukraine "On Leave").
Of course, a person whose rights have been violated has the right to represent their interests in court. However, if a labour dispute is resolved in court, it is better to secure the assistance of an attorney specializing in labour law, as this significantly increases the chances of winning. Another advantage of professional assistance from an attorney is that an attorney has certain powers and rights that can play an important role in resolving a labour dispute in your favor.